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HomeMy WebLinkAbout08/21/2018 06M Camp Hope Utilities Extension and Electrical Services Agreement with YVCOGBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 6.M. For Meeting of: August 21, 2018 ITEM TITLE: Resolution authorizing contract with YVCOG for$200,000 to extend utilities to Camp Hope and up to $50,000 to install electrical service to same SUBMITTED BY: Cliff Moore, City Manager Joan Davenport, Community Development Director SUMMARY EXPLANATION: The City of Yakima entered into a 3 -year lease agreement with a faith based organization, (Transform Yakima Together, TYT) to allow a temporary homeless encampment on property adjacent to the waste water treatment plant. This site is not presently serviced with public water, public sewer or electricity. YVCOG has made funding available to the city of Yakima, as property owner, to receive $200,000 for water and sewer installation through a contract and up to $50,000 as a future sole contract. These funds were contemplated in Council Resolution R-2018-064 and were noted that as engineering plans were made available these contracts would come to Council for authorization. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Resolution to Extend Utilities to Temporary Upload Date Type 2 Encampment W9/2018 Resolution YVCOG Proposed • a ies 8/9/2018 • ac A RESOLUTION RESOLUTION NO. R-2018- 3 authorizing a contract with YVCOG for $200,000 to extend utilities to Camp Hope and up to $50,000 to install electrical service to same, WHEREAS, the City of Yakima currently leases for a temporary homeless encampment pursuant to a lease agreement entered into between the City and Transform Yakima Together outlining the terms and conditions of the use of the property; and WHEREAS, the property is not currently serviced by public water or sewer or electricity and Transform Yakima Together has requested assistance to provide the services to the encampment to improve sanitation, public safety and quality of life for residents; and WHEREAS the Yakima City Council previously authorized a contract with YVCOG for $100,000 to be used for the design and engineering plans for the public utility extensions in Resolution R-2018- 064, on July 10, 2018. The additional $200,000 is required for the physical installation of water and sewer services; and WHEREAS Camp Hope is not currently connected to electrical power and is operating on generator power. YVCOG has indicated the willingness to provide up to $50,000 to the City of Yakima as land owner of Camp Hope for the installation of electrical services; and WHEREAS, the City of Yakima agrees to coordinate and oversee the design, construction and installation of water, sewer and electrical services to Camp Hope as the property owner and municipal; WHEREAS Resolution R-2018-064 states that the previous contract with YVCOG will be amended to increase the as the funds are available once the design of the system is finished and a more accurate estimate of service installation is available; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to approve the amendments to the lease; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council authorizes the City Manager to sign the contracts with YVCOG for $200,000 to install public water and sewer, as well as an agreement to spend up to $50,000 for electrical services to the temporary homeless camp on city owned property. ADOPTED BY THE CITY COUNCIL this 21th day of August, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar-Tee, City Clerk 4 AGREEMENT BETWEEN YAKIMA VALLEY CONFERENCE OF GOVERNEMENTS AND CITY OF YAKIMA IN CONJUNCTION WITH PROGRAM YEAR 2018 for the CONSOLIDATED HOMELESS GRANT (CHG) & HOMELESS HOUSING AND ASSISTANCE FUND (HHAF) 1. Grantee CITY OF YAKIMA 4. Grantee's Authorized Representative Scott Schafer, Director of Public Works 129 N. 2"d Street Yakima, WA 98901 6. Grantee's Financial Representative Jeanne Thompson 129 N. 2nd Street Yakima, WA 98901 8. Contract #/Project Type: COY — Capital 2018-2019 — Utilities 2 Capital Improvement Project 11. Original Grant Amount $200,000 12. Modification Amount 13. TOTAL CONTRACT AMOUNT $200,000 17. Grantee Selection Process: (check all that apply) ▪ Sole Source Li Competitive Bidding/RFP O Pre -Approved by Funder Other: RFQ 2. Contract Amount $200,000 3. Tax 10 # 91-6001293 5. YVCOG Program Representative Crystal Testerman, Program Manager 311 N. 4th Street, Ste. 204 Yakima, WA 98901 7. YVCOG's Contract Representative Lance Larsen, Financial Coordinator 311 N. 41h Street, Ste. 204 Yakima, WA 98901 9. CONTRACT START DATE August 20, 2018 14. Funding Authority 10 CONTRACT END DATE August 20, 2019 Local Surcharge Filing Fees (2163) 15. State/Federal BARS code 001-713-514-50-313 16. CFDA # N/A 18. Grantee Type: (check all that apply) 1. Public Organization/Jurisdiction O Contractor • Subrecipient O Non -Profit Grant Purpose: This award is to fund the installation of water and sewer utilities on city -owned property for the purpose of serving a temporary homeless encampment. Funded projects will support Yakima County's 5 -Year Homeless Plan to Make Homelessness Brief and Rare through innovative practices that limit barriers to entry and prioritize unsheltered clients. Y V C O G and the GRANTEE, as identified above, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date signed, to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: (1) Terms and Conditions, (2) Project Scope of Work, (3) Guidelines for Homeless Housing and Assistance Fund (HHAF) (FACE SHEET) 5 This Contraccontains the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract. CITY OF YAKIMA YAKIMA VALLEY CONFERENCE OF GOVERNMENTS Grantee Authorized Agent Date Attest: James A Restucci, Chairman Date Lauris C. Mattson, Executive Director Date Attest: City Representative Jodi Smith, Office & Comm. Specialist Approved as to form: TERMS AND CONDITIONS SECTION NO. 1; PERFORMANCE The GRANTEE will be responsible for administering the Capital Improvement Project for Permanent in a manner satisfactory to the YVCOG, and in accordance with the GRANTEE's Project Scope of Work as outlined in the Request for Qualifications (RFQ), submitted to the Yakima Valley Conference of Governments (YVCOG), as well as the Yakima County 5 -Year Homeless Plan incorporated herein by reference. 6 All parties acknowledge that this is a first phase of a two-phase project to ultimately bring water and sewer utilities to a piece of land owned by the City of Yakima which could serve as a location for a permanent low barrier emergency homeless shelter or other type of homeless shelter in the future. This contract covers the design and construction of phase 1. Phase 2 construction may be covered in a separate agreement when necessary. It is the intent of the YVCOG to continue funding for this project for the term of this Agreement based upon funding availability and entirely contingent upon receipt of State and Local grant funds specifically allowed for this project. A. PROGRAM D The GRANTEE agrees to provide the following Program services: Project Description: Project Type: Water/Sewer Service Installation Capital Improvement SECTION NO. 2: TIME OF PERFORMANCE The term of this Agreement shall commence as of the date printed on the FACE SHEET and shall terminate on the date printed on the FACE SHEET, unless terminated sooner, or extended by agreement of the parties. SECTION NO. 3: BUDGET The initiaI budget is TWO HUNDERED THOUSAND AND NO/100 DOLLARS ($200000) through August 20, 2019. Category Amount Admin (Indirect) Capital Expense TOTAL $188,000 $200,000 SECTION NO. 4: PAYMENT YVCOG shall reimburse GRANTEE for all things necessary, or incidental to the performance of services as set forth in Section No. 1 of this Agreement. GRANTEE's reimbursement for services set forth in Section No. 1 of this Agreement shall be in accordance with the terms and conditions outlined in the BUDGET chart located in Section No. 3 of this Agreement (above), as well as in accordance with the Program performance requirements. The YVCOG reserves the right to revise this amount in any manner which YVCOG may deem appropriate, to account for any future fiscal limitations affecting the YVCOG, with prior notice to GRANTEE. SECTION NO. 5: NOTICES 7 A. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as afore said shall be effective on the date of delivery. AH notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice between the YVCOG and GRANTEE. Q. Communication and details concerning this Agreement shall be directed to the Agreement representatives as identified on the FACE SHEET. SECTION LOCATION OF PROJECT Capital Improvement Project is for the purpose of serving homeless clients in the City of Yakima at the location: Beginning at the Southwest Corner of Tract 40, as described on Record of Survey,recorded under Auditors File No. 7718968,records ofYakima County, Washington; thence NO^15'41"E7Sfeet; thence S89~44/19"E1Ofeet, tothe point ofTrue Beginning; thence N0~1S'41"E34Sfeet; thence S O9^4419"E28Ofeet; thence SO^1S'41"VV34Sfeet; thence N89^44'19"VV3OOfeet, plus orminus, to the point ofTrue Beginning SECTION NO. '7: GENERAL CONDITIONS A. DOCUMENTATION AND 1) Records to be Maintained The GRANTEE shall maintain all records pertinent to the activities to be funded under this Agreement. Such applicable records shall include, but not be limited to: a. All records and documents for expenses incurred and work undertaken for the project. b. All documents, records and certifications regarding compliance with bid, prevailing wage, and other applicable conditions or requirements governing the public work and project. c. Other records necessary to properly and thoroughly document compliance. 2) Retention The GRANTEE shall retain all financial records, supporting documentsstatistical records, and all other records pertinent to this Agreement for a period of six (6) years. The retention period begins foliowing the date of final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and have commenced before the expiration of the six- yearperiod'thensuchrecmrdsnnustberetainedun1i|comp|edonoftheactionsandreso|utionofaU issues, or the expiration of the six- year period, whichever occurs later. B. "INDEPENDENT CONTRACTOR" Nothing contained in this nt is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the PARTIES. The GRANTEE shall, at all times, remain an "independent contractor" with respect to the services performed under this Agreement. The YVCOG shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the GRANTEE is an independent contractor, and thus GRANTEE is solely responsible. C. WORKERS' COMPENSATION. The GRANTEE shall provide statutorily sufficient Workers' Compensation Insurance coverage for all subject employees involved in the performance ofthis Agreement. 8 F. The YVCOG or GRANTEE may amend this Agreement at any time, provided that such amendmentsmake specific reference to this Agreement, and executed with the same formality as this Agreement, in writing and signed by a duly authorized representative of each PARTY. Such amendments shall not invalidate this Agreement, nor relieve, or release the PARTIES from obligations under this Agreement. G. SUSPENSION OR TERMINATION. The YVCOG may suspend or terminate this Agreement if the GRANTEE materially fails to comply with any terms of this Agreement, which include (but are not limited to) the foliowing: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and policies or directives as may become applicable at any time; and b. Failure, for any reason, of the GRANTEE to fulfill in a timely and proper manner its obligations under this Agreement; and c. Ineffective or improper use of funds provided under this Agreement; and/or d. Submission by the GRANTEE to the YVCOG reports that are incorrect or incomplete in any material respect. H. REPORTING AND PAYMENT PROCEDURES. 1)`Indirect Costs GRANTEE may use six percent for administrative (indirectcosts for projects that align with the homeless housing program per RCW 36.22.179: Surcharge for Iocal homeless housing and assistance—Use. 2) Payment Procedures The YVCOG shall reimburse the GRANTEE only for actual incurred costs upon presentation of accurate and complete reimbursement forms as provided by the YVCOG and approved by YVCOG staff. Only those allowable costs directly related to this Agreement shall be paid. The amount of each request must be Iimited to the amount needed for reimbursement of eligible costs. Requests for reimbursement by GRANTEE shall be submitted no more than once per month on or before the 10th of each month for the previous month's expenditures, using the invoice forms provided by YVCOG staff. For expenses incurred during the month of June, the reimbursement shall be sub the 8th ofJuly. In conjunction with each reimbursement request, GRANTEE shall certify that services to be performed under this Agreement do not duplicate any services to be charged against any other grant, sub- grantorotherfoundingsource. GRANTEE shall submit reimbursement requests to the YVCOG's Contract Representative designated on the Face Sheet of this Agreement. Invoices must be submitted with appropriate supporting documentation, including copies of receipts,as well as invoices and time and effort tracking as directed by the YVCOG's Contract Representative designated on the Face Sheet of this Agreement. Payment will be made within thirty (30) days after receipt of the GRANTEE's complete reimbursement request, except as provided by state law. If the YVCOG objects to all or any portion of the invoice, it shall notify the GRANTEE and reserves the right to only pay that portion of the invoice not in dispute. In that event, the PARTIES shall immediately make every effort to settle the disputed amount. In the event that the YVCOG determines any funds were expended by the GRANTEE for unauthorized or ineligible purposes, or the expenditures constitute disallowed costs in any other way, the YVCOG may 9 order repayment of the same. The GRANTEE shall remit the disallowed amount to the YVCOG within thirty (30) days of written notice of the disallowance. a. The GRANTEE agrees that funds determined by the YVCOG to be surplus upon completion of the Agreement will be subject to cancellation by the YVCOG; b. The YVCOG shall be relieved of any obligation for payments if funds allocated to the YVCOG cease to be available for any cause other than misfeasance of the YVCOG itself; and c. The YVCOG reserves the right to withhotd payments pending timely delivery of Program reports or documents as may be required under this Agreement. I. CONTRACT DS. The GRANTEE shall maintain accurate records to account for its expenditures and program performance. The YVCOG designee may inspect and audit all records and materials associated with this Agreement and the GRANTEE shall make such available upon request. J. INTERNAL AUDITING CONTRO The GRANTEE shall establish and maintain a system of internal accounting control which complies with applicable Generally Accepted Accounting Principles (GAAP). All GRANTEE records with respect to any matters covered by this Agreement shall be made available to the YVCOG, or other authorized officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Failure of the GRANTEE to comply with the audit requirements may constitute a violation of this Agreement and may result in the withholding of future payments. K. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, including gender expression or gender identitynational origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disabilityor use of a service animal by a person with disabilities. The GRANTEE agrees to comply with, and to require that all subcontractors comply with, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as applicable to the GRANTEE. L. COMPLIANC Each party shall comply with all applicable federal, state and Iocal laws, regulations, and Executive Orders applicable to the subject matter of this Agreement, which are incorporated by reference into this Agreement. Compliance requirements specifically include payment of prevailing rate of wage in accordance with provisions of RCW Ch. 39.12, as applicable. M. ASSIGNME This Agreement is binding on the parties and their heirs, successors, and assigns. The GRANTEE may not assign, transfer or subcontract its interest, in whole or in part, without the prior written consent of the authorizing official for YVCOG. N. NON -WAIVER. 10 No delay or waiver by either party to exercise any contractual right shall be considered as a waiver of such right or any other right currently or in the future. SECTION NO. 8: SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless remain in full force and effect. SECTION NO. 9: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION NO. 10: ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the YVCOG and the GRANTEE for the use of funds received under this Agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the YVCOG and the GRANTEE with respect to the subject matter of this Agreement. SECTION N�1�AN�-�CK�CK No officer or employee of the YVCOG, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO.12: CONSTRUAL The GRANTEE acknowledges receipt of a copy of the Agreement documents and agrees to comply with them. The silence or omission in the Agreement documents concerning any detail required for the proper execution and completion of the performance means that only the best general practice is to prevail, and that only material and workmanship of the best quality are to be used. This Agreement shall be construed neither in favor of, nor against either party, and is intended to benefit only the Parties to this Agreement, there are no third -party beneficiaries.