HomeMy WebLinkAboutR-2008-021 Downtown Facade ProgramRESOLUTION NO. R-2008-21
A RESOLUTION authorizing the approval of CDBG funds to provide up to $30,000
to be used in a Downtown Facade Improvement Program
WHEREAS, the City of Yakima is an annual recipient of Community Development
Block Grant funds that are to be used to benefit low and moderate income citizens
and areas of the City; and
WHEREAS, part of the process of revitalizing the neighborhoods designated in the
Neighborhood Revitalization Strategy Area is economic improvement; and
WHEREAS, in previous public input meetings the need for an economically vibrant,
healthy downtown was identified as an essential element to the well being of the core
areas of the City; and
WHEREAS, the City has actively supported efforts to maintain the strength of
downtown area businesses and the business district in order to enhance the economic
well being of the neighborhoods that depend on downtown; and
WHEREAS, the City of Yakima desires to see the downtown area prosper, and to
see the area have a cohesive appearance as part of creating an identifiable
architectural theme for the district; and
WHEREAS, there are numerous buildings that have the potential of having their
exterior adapted to support this "historic" architectural theme; and
WHEREAS, the Yakima City Council has determined that it will be beneficial to this
effort to provide planning and design funds to those that intend to make these
improvements to the exterior of their building; and
WHEREAS, the attached document outlines a program that will provide up to
$2,000 per property to design improvements to the exterior of eligible downtown
properties that will support the architectural theme, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
$30,000 is appropriated from FY 2008 CDBG funds to provide forgivable loans of up to $2,000
per property to eligible projects, and the City Manager is hereby authorized and directed to
execute all necessary documents to accomplish said program and the necessary contracts and
other documents to make the forgivable grants.
ADOPTED BY THE CITY COUNCIL this 5th day of February, 008.
ATTEST:
City Clerk
11
II avid E • ler, Mayor
City of Yakima
Downtown Facade Improvement
Program
Project Guidelines and Application
January 2008
For assistance please contact
The Office of Neighborhood Development Services
509 575-6101
I. INTRODUCTION
The Downtown Yakima Facade Improvement Program (program) is sponsored by
the City of Yakima. Forgivable grant funding for the program comes from the
City's Community Development Block Grant funds.
The program directs the investment of these public and private funds to assist
with the revitalization of the business core of the City. The purpose of the
program is to:
A. Promote public/private partnerships between the City, the CDY, and property
owners
B. Provide an incentive for exterior improvements of commercial buildings in a
designated area of the City of Yakima
C. Stimulate economic development
D. By improving and expanding the downtown business district provide services
to the nearby low/moderate income neighborhoods of the City of Yakima
E. Invest in historic preservation and rehabilitation
F. Increase retail and commercial opportunities for area residents
G. Assist in the creation or preservation of jobs within the downtown core
II. Program Design
The program provides a grant of up to $2,000 to be used for facade improvements
to eligible buildings in the designated district. The grant funds can be used for
planning and design work to prepare for renovation of the exterior of the building.
These funds need not be reimbursed unless the project is not completed.
Construction funding is available through local lenders.
Award of the funds will be based on the evaluation of the application by a group
appointed by the CDY. Evaluations will be made in a first come, first served
basis, and until funding for the year has all been committed. Approximately
$30,000 (funding for 15 projects) will be available in 2008.
III. Program Administration
The program is funded through CDBG funds awarded by the City of Yakima.
Projects are required to meet the LOW/Moderate Income national objective of the
program, and will be eligible under the regulation found at 570.202(a)(3). The
improvements will benefit the residents of the City's HUD approved
Neighborhood Revitalization Strategy Area.
In addition, the program will require environmental clearance under the National
Environmental Protection Act. Since federal funds will only be used for planning
and design, the clearance will be of a routine nature. The City Office of
Neighborhood Development Services staff will prepare the clearance.
•
IV. Eligible Participants
Non-residential property owners and lessees (with the written permission of the
owners) are eligible for the grant assistance. Participants may be individuals,
sole -proprietors, partnerships, for-profit and non-profit corporations, or any other
legally identified form of business ownership. As a condition of eligibility,
property taxes on the subject property must be current, and applicants must be
current on any debts owed to the City.
Owners of more than one eligible property may apply for assistance with each
eligible property. Each application will be considered independently.
V. Eligible Activities
The grant program will fund up to $2,000 of the costs for planning and design for
exterior facade renovation. Actual work is to be completed by licensed
contractors, and paid for by other funds.
VI. Eligible Properties
To be eligible for funding through the grant program, buildings must be located
within the identified CDY service. area (see attached map), and must be zoned for
commercial use. Mixed use buildings with commercial use on the ground floor
will be eligible. Properties with multiple business tenants must apply the
compatible facade improvements across the entire property concurrently as one
project.
VII. Eligible Area Map
(attached)
VIII. General Procedures
The following is an outline of the normal sequence of events for a facade
improvement Grant:
A. Interested party contacts the City staff for information about the program,
and requests an application.
B. Staff provides an application and a copy of the Downtown Design Standards,
where applicable, to the applicant.
C. City staff provides the applicant with a list of participating architects and
lenders.
D. Completed applications will be returned to the City offices.
E. City staff reviews the application for eligibility, completeness, and
availability of project funding (as evidenced by a prequalification letter from
the lender).
F. City staff notifies ONDS staff of the application and requests an
environmental clearance be completed.
H. Staff certifies the eligibility and completeness of the application, and
schedules the project for review by the CDY approval committee.
I. If approved, the grant contract agreement is prepared for signature.
J. The applicant, the CDY, and the City sign the agreement.
K. The applicant uses the funds to pay for the planning and design of the project.
L. The applicant submits the actual plans to the CDY committee for final review.
M. The applicant completes the financing of the work, awards a contract, is
issues permits, and work begins. Work is to begin as soon as possible after
the final approval by the committee, and must be completed within six months
of the approval.
N. If for any reason the work is not completed, the grant must be repaid to the
City of Yakima
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City of Yakima
Facade Improvement Program Application
APPLICANT INFORMATION
Form of Ownership Corporation Partnership Proprietorship
Individual
Property Owner Lesee
Name of Applicant
Mailing Address
Contact Name Title
Telephone Numbers
Business Type
PROPERTY INFORMATION
Street Address of Property
Owner
Address
Phone
Is Property Occupied Vacant
Current Use of Property
Number of Employees Full Time Part Time
PROJECT DESCRIPTION
City Staff use:
Recommendation Approve
Date Initial
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CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Larson Building, LLC
2. Address: 6 S. 2nd Street, Yakima, WA. 98901
3. Phone: 453-8161
4. Contact Person: Larry Hull, Managing Member of Larson Bldg, LLC
5. Title of Service or Program being Funded: Facade Program
6. Amount of Contract Award: $ 2,000 (Actual Invoice UP TO $2,000) (CDBG)
7. The term of this Contract shall commence upon execution hereof and shall terminate at
midnight, April 14, 2009, unless sooner terminated by either party in accordance with
Section XXII of incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to
and governed by the following:
a) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by
this reference; and
b) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
c) City of Yakima Resolution No. R-2008-21, a copy of which is attached hereto as
Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit "A",
This written document and incorporated exhibits constitutes the entire Contract between the
parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year
indicated . -low.
Mana„ g Member, Larson Bldg, LLC
ATTEST:
City Clerk
J2112 d t
Date
to Ckr
Date
City Contract No.: a200-7///
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1020
CONTRACTS
Contract Title
City of Yakima Office of Neighborhood Development Services
Contracting Party
Larson Building, LLC - Larry Hull, Managing Member
Purpose
Facade Program grant - $2,000
Originating Division
Neighborhood Dev Services
Staff Liaison
Archie Matthews
Amendments
Effective Date
12/01/2008
Eff. Date Explanation
Expiration Date
Exp. Date Explanation
Dollar Amount
2,000.00
Dollar Amt Explanation
Contract ID
2008-141
Resolution ID
R-2008-21
Insurance (yes/no)
Insurance Expires
Insurance Name
File Location No.
C 08 141
Archive Info
Comments
EXHIBIT "A"
TERMS AND CONDITIONS
I. DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from
the U.S. Department of Housing and Urban Development, hereby designates Contractor
to undertake, and the Contractor hereby agrees to undertake that certain community
development project described in Exhibit "B", Scope of Work.
A. AMOUNT OF GRANT
1. The City hereby grants to the Contractor (Actual Costs up to $2,000.) $2,000
II. GENERAL BUDGET PROVISIONS
The Contractor agrees to the following provisions in satisfying the terms and conditions
of this contract:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the Contractor or obligation of
the Contractor currently due and owing, but not paid. Disbursements shall be limited
to allowable costs and so shall be made upon the occurrence of all the following, in
addition to any other conditions contained herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement request
supported by copies of vouchers, invoices;
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable costs
under the principles set forth in Federal Management Circular 74-4 "eligible
costs and come within the Project Budget.
B. No payment shall be made for any service rendered by the Contractor except for
services within the scope of this Contract, and all funds received must be used for
service as identified in Exhibit "A" of this Contract.
III. BILLING PROCEDURES
A. The Contractor shall submit a single written claim for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and as
prescribed by the City of Yakima ONDS.
Page 2 of 12
IV. COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all applicable
Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U.S. Department of Housing and Urban Development, including,
but not limited to, Federal CDBG Regulations and other policies and guidelines
established by the City of Yakima ONDS.
B. PROJECT REQUIREMENTS
1. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor under
this Agreement shall be contingent upon satisfaction of all applicable
requirements of the National and State Environmental Policy Acts.
V. NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor agrees that it shall not discriminate against any employee or applicant
on the grounds of race, creed, color, religion, national origin, sex, marital status, age,
or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited to: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and programs for training including apprenticeships.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24
CFR 570.601.
VI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion,
national origin, creed, marital status, or age:
1. Deny a qualified individual any facilities, financial aid, services or other
benefits provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which are
different, or are provided in a different manner, from those provided to others
under this Contract; separate treatment in any manner related to his receipt of
any service(s) or other benefits provided under this Contract;
3. Deny any qualified individual an opportunity to participate in any program
Page 3 of 12
provided by this Contract through the provision of service(s) or otherwise, or
will afford him an opportunity to do so which is different from that afforded
others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW
Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals
either through purpose or intent.
C. If assignment and/or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall take
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
VII. LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, County and
Municipal standards for licensing, certification and operation of facilities and programs,
and accreditation and licensing of individuals, and any other standards or criteria as
described in the Contract to assure quality of services.
VIII. MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as
to ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related
to the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary
for its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
IX. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient
or client for any purpose not directly connected with the City's or the Contractor's
responsibilities with respect to services provided under. this Contract is prohibited except
on written consent of the recipient or client, his/her attorney or his/her responsible parent
or guardian or as otherwise provided by law.
Page 4 of 12
X. ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided within
the terms of this Contract without obtaining prior written approval from the City. All
terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract.
XI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XII. RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima ONDS is interested only in the results to be achieved, the
implementation of services will lie solely with the Contractor. No agent, employee, or
representatives of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the employees of the
Contractor are not entitled to any of the benefits the City of Yakima provides for City
Employees. The Contractor will be solely and entirely responsible for its acts and for the
acts of its agents, employees, servants, Subcontractors, or otherwise during the
performance of this Contract.
XIII. TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury insurance, and other
deductions from income which may be required by law or assessed against either party as
a result of this Contract. In the event the City is assessed a tax or assessment as a result
of this Contract, Contractor shall pay the same before it becomes due.
XIV. FINAL REPORT
The Contractor agrees to submit a written final report outlining the progress towards
completion of activities funded by the City of Yakima, to the City of Yakima.
XV. INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered
entirely to the Contractor's own risk and the Contractor expressly agrees to defend,
indemnify and hold harmless the City of Yakima and all of its officers, agents, employees
and elected officials from any and all liability, loss, fines, penalties or damage, inducing
reasonable cost of defense, they may suffer as a result of claims, demands, actions, or
damages to any and all persons or property, costs or judgments against the City of
Yakima which result from, arise .out of, or are in any way connected with the services to
be preformed by the Contractor under this Contract.
Page 5of12
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XVI. CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City
of Yakima ONDS may pursue such remedies as are legally available including but not
limited to, the termination of this Contract in the manner specified herein.
A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract
and any of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such scope
and nature that the City of Yakima ONDS deems continuation of this Contract
to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed by
the City of Yakima ONDS or its authorized representative within the time
specified by same;
3. The Contractor has failed within the time specified by the City of Yakima
ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore and
the effective date provided such effective date shall not be prior to notification to
the Contractor. After this effective date, no charges incurred under any
terminated portions are allowable.
B. TERMINATIONS ON OTHER GROUNDS
This Contract may also be terminated in whole or in part by mutual agreement of
the parties.
C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF
FUNDING
In the event that funding from the Federal government is withdrawn, reduced or
limited in any way after the effective date of this Contract, and prior to its normal
completion, the City of Yakima ONDS may summarily terminate this Contract as
to the funds reduced or limited, notwithstanding any other termination provision
of this Contract. If the level of funding so reduced or limited is so great that the
City of Yakima ONDS deems that the continuation of the program covered by
this Contract is no longer in the best interest of the public, the City of Yakima
ONDS may summarily terminate this Contract in whole notwithstanding any
other termination provisions of this Contract. Termination under this Section
Page 6 of 12
shall be effective upon receipt of written notice by the Contractor or its
representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any
proposed reduction in funding by Federal or other officials. The Contractor
agrees that upon receipt of such notice it shall take appropriate and reasonable
action to reduce its spending in the affected funding area so that expenditures do
not exceed the funding level which would result if said proposed reduction
became effective.
This Contract may further be terminated by the City of Yakima upon written
demand by the City of Yakima ONDS for assurances that the terms of the Project
Description are being timely complied with, if such assurances are not made to
the City's satisfaction within thirty (30) days of the date of such written demand.
D. CLOSEOUT
In the event that this Contract is terminated in whole or in part for any reason, the
following provisions shall apply:
1. Upon written request by the Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor shall submit within thirty (30) days after the date of expiration
of this Contract, all financial, performance and other reports required by this
Contract, and in addition, will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been performed prior to closeout of this
Contract, the City of Yakima ONDS retains the right to withhold a just and
reasonable sum from the final payment to the Contractor after fully
considering the recommendation on disallowed costs resulting from the final
audit.
XVII. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agency maintained by the Contractor for the purpose of
securing business. The City of Yakima ONDS shall have the right, in the event of breach
of this clause by the Contractor, to annul this Contract without liability or, in its
discretion, to deduct from the Contract price or consideration or otherwise recover the
full amount of such commission, percentage, brokerage or contingent fee.
XVIII. CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
Page 7 of 12
A. Terminate this Contract if it is found, after due notice and hearing, by the City that
gratuities in the form of entertainment, gifts, or otherwise offered or given by the
Contractor, or agent or representative of the Contractor, to any officer or employee of
the City of Yakima, with a view towards securing this Contract or securing favorable
treatment with respect to the awarding or amending or the making of any
deterniinations with respect to this contract.
B. In the event this Contract is terminated as provided in (A) above, the City of Yakima
shall be entitled to pursue the same remedies against the Contractor as it could pursue
in the event of a breach of the Contract by the Contractor. The rights and remedies of
the City of Yakima provided for in this clause shall not be exclusive and are in
addition to any other rights and remedies provided by law.
XIX. RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement. The
Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and
irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter covered by copyright: Provided,
that with respect to data not originated in the performance of this Contract such license
shall be only to the extent that the Contractor has the right to grant such license without
becoming liable to pay compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of
delivery of data furnished under this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied from work not composed or
produced in the performance of this agreement and not licensed under this clause. The
Contractor shall report to the City of Yakima ONDS, promptly and in written detail, each
notice or claim of copyright infringement received by the Contractor with respect to all
data delivered under this agreement. The Contractor shall not affix any restrictive
markings upon any data, and if such markings are affixed, the City of Yakima ONDS
shall have the right at any time to modify, remove, obliterate, or ignore such markings.
XX. GOVERNING LAW
This Contract has been and shall be construed as having been entered into and delivered
within the State of Washington, and it is mutually understood and agreed by each party
hereto that this Contract shall be governed by laws of the State of Washington, both as to
interpretation and performance.
XXI. VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior
Court of Washington for Yakima County, Washington.
XXII. MODIFICATION
Either party may request changes in this Contract, however, no change or addition to this
Page 8 of 12
Contract shall be valid or binding upon either party unless such change or addition be in
writing, and executed by both parties, except budget adjustments as specified in Section
IV of this Contract.
XXIII. SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of this
Contract is held by the courts to be illegal, the validity of the remaining provisions shall
not be affected; and the rights and obligations of the parties shall be construed and
enforced as if the Contract did not contain the particular provision held to be invalid. If it
should appear that any provision hereof is in conflict with any statutory provision of the
United States or the State of Washington, said provision which may conflict, therewith,
and shall be deemed modified to conform to such statutory provision.
XXIV. RETURN OF FUNDS
The Contractor shall return to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
1. The Contractor materially changes the primary purpose and scope of the Project as
described.
2. The Contractor does not complete the work scope determined by the design plan.
Page 9 of 12
EXHIBIT "B"
SCOPE OF WORK
I. INTRODUCTION
The Downtown Yakima Facade Improvement Program is sponsored by the City of Yakima.
Forgivable grant funding for the program comes from the City's Community Development Block
Grant funds. This contract reflects only the funds for planning and design work. The actual
construction work and funding is the responsibility of the property owner.
The program directs the investment of these public and private funds to assist with the
revitalization of the business core of the City. The purpose of the program is to:
A. Promote public/private partnerships between the City of Yakima, the CDY (Committee
for Downtown Yakima), and the property owners.
B. Provide an incentive for exterior improvements of commercial buildings in a designated
area of the City of Yakima.
C. Stimulate economic development.
D. By improving and expanding the downtown business district provide services to the
nearby low/moderate income neighborhoods of the City of Yakima.
E. Invest in historic preservation and rehabilitation.
F. Increase retail and commercial opportunities for area residents.
G. Assist in the creation or preservation of jobs within the downtown core.
II. Program Design
The program provides a grant of up to $2,000 to be used for facade improvements to eligible
buildings in the designated district. The grant funds can be used for planning and design
work to prepare for renovation of the exterior of the building. These funds need not be
reimbursed unless the project is not completed.
Award of the funds will be based on the evaluation of the application by a group appointed
by the CDY. Evaluations will be made in a first come, first served basis, and until funding
for the year has all been committed. Approximately $30,000 (funding for 15 projects will be
available in 2008, (subject to federal and local funding).
III. Program Administration
The program is funded through CDBG funds awarded by the City of Yakima. Projects are
required to meet the Low/Moderate Income national objective of the program, and will be
eligible under the regulation found at 570.202 (a)(3). The improvements will benefit the
residents of the City's HUD approved Neighborhood Revitalization Strategy Area.
In addition, the program will require environmental clearance under the National
Page 10 of 12
Environmental protection Act. Since federal funds will only be used for planning and design,
the clearance will be of a routine nature. The City Office of Neighborhood Development
Services staff will prepare the clearance.
IV. Eligible Participants
Non-residential property owners and lessees (with the written permission of the owners) are
eligible for the grant assistance. Participants may be individuals, sole -proprietors,
partnerships, for-profit and non-profit corporations, or any other legally identified form of
business ownership. As a condition of eligibility, property taxes on the subject property must
be current, and applicants must be current on any debts owed to the City.
Owners of more than one eligible property may apply for assistance with each eligible
property. Each application will be considered independently.
V. Eligible Activities
The grant program will fund actual costs, up to $2,000 of the costs for planning and design
for exterior facade renovation. Actual work is to be completed by licensed contractors, and
paid for by other funds secured by the owner.
Eligible Properties
To be eligible for funding through the grant program, buildings must be located within the
identified CDY service area (see attached Map), and must be zoned for commercial use.
Mixed-use buildings with commercial use on the ground floor will be eligible. Properties
with multiple business tenants must apply the compatible facade improvements across the
entire property concurrently as one project.
Eligible Area Map
(attached)
VI. General Procedures
The following is an outline of the normal sequence of events for a facade improvement Grant:
A. Interested party contacts the CDY (Committee for Downtown Yakima) for information
about the program and requests an application.
B. CDY staff provides an application and a copy of the Downtown Design Standards, where
applicable, to the applicant.
C. CDY staff reviews the application for eligibility, completeness, and availability of project
funding (as evidenced by a prequalification letter form the lender).
D. CDY staff notifies ONDS staff of the application and requests an environmental
clearance be completed.
E. CDY submits completed applications to City of Yakima, ONDS.
F. ONDS staff certifies the eligibility and completeness of the application, and schedules the
project for review by the CDY approval committee.
G. If approved, the grant contract agreement and loan documents are prepared by ONDS.
The applicant and the City sign the contract, and applicant signs loan documents.
Page 11 of 12
H. City staff provides the applicant with a list of participating architects and lenders.
I. The applicant submits itemized billing invoice to ONDS to pay for the planning and
design of the project
J. The applicant submits the actual plans to the CDY committee for final review.
K. The applicant completes the financing of the work, awards a contract, issues permits, and
work begins. Work is to begin as soon as possible after the final approval by the
committee, and must be completed within six months of the loan document date.
Once the project is complete, City of Yakima, ONDS will prepare reconveyance of the Deed
of Trust. It is the applicants responsibility to notify ONDS when the project is complete.
If for any reason the work is not completed, the grant must be repaid to the City of Yakima.
VII. Attach Project's Operating Budget, Work Plan and Copy of Design
Page 12 of 12
MEGALODON LLC
Property Management
901 Summitview Ave., Suite 250, Yakima, WA 98902
Telephone (509) 453-8161 Email: megalodonllc@qwestoffice.net
gwestoffice.net
December 8, 2008
Department of Community and Economic Development
Office of Neighborhood Development Services
Archie M. Matthews
112 South Eighth Street
Yakima, WA 98901
Regarding: A.E. Larson Building
Facade Update
Facade monies received:
Yakima National Bank Line of Credit:
Facsimile (509) 453-8189
Sources and Uses Statement
$2,000.00 - Design work Scott Irons
$50,000.00
Used for Granite Entryways and Tile Areas, Up lights, Heated Pad, Scott Irons partial payment on design.
Personal Funds — Electrical, Brick Planters
and improvement of miscellaneous items: $25,000.00
Total Cost:
Expected completion date:
Respectfully Submitted by,
$77,000.00
May 1, 2009
MEGALODON LLC
Property Management
901 Summitview Ave., Suite 250, Yakima, WA 98902
Telephone (509) 453-8161 Email: megalodonllc@qwestoffice.net
November 18, 2008
To: Donna Lindsey
Neighborhood Development Services
From: Larry Hull
Facsimile (509) 453-8189
The following is a list of projects that we are doing to the facade at the A.E. Larson Building, Yakima WA.
• New Granite entering main entrance.
• Matching Granite entryway into the Winery.
• New Granite tile in covered areas.
• New outside large stone pots.
• New heated pad under Granite entryway "computerized".
• New large up lights and standing poles.
• Removal of existing checkered Granite covering Art Deco part on side of the building.
Approximate Total Cost: $75,000.00
Other projects will be continued in the spring including replacing all the brick planters and possibly a new water
fountain, etc.
Thank you again for the $2,000.00 Facade Grant.
5.C. Irons & Associates
HOME & BUILDING DESIGN
102 Park Avenue, Yakima, WA 98902
509.248.2112 -- 509.949.2053
10/06/08
RE: Larson Building Facade Improvement — Larry Hull
Project description/details: Design granite entry in -lay consistent with and/or
complementary to existing granite design within building. Also up -light East building
face.
Services Rendered: Design and drawing of granite in -lay. Consult and select
appropriate sub -contractors. Travel to Seattle to procure matching granite. Facilitate
installation and coordinate appropriate sub -contractors. Time billed includes meetings
and phone calls, both on-site and off-site for duration of the project.
Billing Summary
Invoice/Job # 2008-35
Payable from City of Yakima Facade Improvement: $2,000
Payable from Larry Hull — Larson Building $3,000
Total Amount Due: $5,000
Due Date: Payable Upon Receipt
Note: Two copies of this invoice have been issued for ease of accounting. One to
Larry Hull/Larson Building and one to The City of Yakima Facade Improvement
Program.
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Downtown Facade Improvement Program
EXHIBIT "C"
RESOLUTION NO. R-2008-21
A RESOLUTION authorizing the approval of CDBG funds to provide up to $30,000
to be used in a Downtown Facade Improvement Program
WHEREAS, the City of Yakima is an annual recipient of Community Development
Block Grant funds that are to be used to benefit low and moderate income citizens
and areas of the City; and
WHEREAS, part of the process of revitalizing the neighborhoods designated in the
Neighborhood Revitalization Strategy Area is economic improvement; and
WHEREAS, in previous public input meetings the need for an economically vibrant,
healthy downtown was identified as an essential element to the well being of the core
areas of the City; and
WHEREAS, the City has actively supported efforts to maintain the strength of
downtown area businesses and the business district in order to enhance the economic
well being of the neighborhoods that depend on downtown; and
WHEREAS, the City of Yakima desires to see the downtown area prosper, and to
see the area have a cohesive appearance as part of creating an identifiable
architectural theme for the district; and
WHEREAS, there are numerous buildings that have the potential of having their
exterior adapted to support this "historic" architectural theme; and
WHEREAS, the Yakima City Council has determined that it will be beneficial to this
effort to provide planning and design funds to those that intend to make these
improvements to the exterior of their building; and
WHEREAS, the attached document outlines a program that will provide up to
$2,000 per property to design improvements to the exterior of eligible downtown
properties that will support the architectural theme, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
$30,000 is appropriated from FY 2008 CDBG funds to provide forgivable loans of up to $2,000
per property to eligible projects, and the City Manager is hereby authorized and directed to
execute all necessary documents to accomplish said program and the necessary contracts and
other documents to make the forgivable grants.
ADOPTED BY THE CITY COUNCIL this 5th day of February, 2008.
ATTEST:
/s/ Deborah Moore
City Clerk
/s/ David Edler
David Edler, Mayor
•
ITEM TITLE: Ap
SUBMITTED B
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For Meeting of February 5, 2008
I of Downtown Facade Improvement Program and CDBG Funds
CED Director
CONTACT PERSON/TELEPHONE: Bill Cobabe, ONDS Manager
SUMMARY EXPLANATION: As an entitlement community the City of Yakima receives direct Federal
funding for the Community Development Block Grant (CDBG) programs. These funds can be invested
in a broad range of activities, projects, and programs, and services. As part of the previously approved
Neighborhood Revitalization Strategy Area plans, staff has designed and requests Council approval for
a program that will provide forgivable grants of up to $2,000 to NRSA businesses for facade
improvements to eligible commercial buildings. (Please see the attached program narrative)
These grants will be available to property owners who want to plan and design construction work on the
exterior of their buildings to make the appearance of the building more consistent with the historic
appearance of downtown. If the project then moves forward to completion of the construction work, the
grant will be forgiven. The City's CDBG funding will convert to a loan if the work is not completed within
24 months of the funding being awarded, or if the proposed work is not approved in advance by a'
facade review committee as discussed in the program narrative.
The program was presented to the Downtown Futures Committee prior to Council's January 26th
retreat. Attending were appointed member Councilmember Johnson and guest Councilmembers
Coffey and Ensey. They unanimously approved forwarding this proposal to the full Council.
This resolution will approve the program (as described in the attached material), and authorize an
expenditure of up to $30,000 from CDBG funds for approximately 15 projects in 2008.
Resolution X Ordinance Other (Specify)
Contract
Mail to (name and address):
Phone:
Funding Source 2008 CDBG Funds -
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Approval
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Adopt Resolution
•
City Manager
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Joe Mann
2. Address: 12, 14, 16 S. 1s` Street (Pacific Hotel)
3. Phone: 248-1117
4. Contact Person: Joe Mann
5. Title of Service or Program being Funded: Facade Program
6. Amount of Contract Award: $2,000 (Actual Invoice UP TO $2,000) (CDBG)
7. The term of this Contract shall commence upon execution hereof and shall terminate at
midnight, August 16, 2009 unless sooner terminated by either party in accordance with
Section XXII of incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to
and governed by the following:
a) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by
this reference; and
b) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
c) City of Yakima Resolution No. R-2008-21, a copy of which is attached hereto as
Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit "A",
This written document and incorporated exhibits constitutes the entire Contract between the
parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year
indicated b low.
Cont tor — Joe Mann
Title:
P?Arltb?
Date
City Contract No.: ,,z09-34,
EXHIBIT "A"
TERMS AND CONDITIONS
I. DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from
the U.S. Department of Housing and Urban Development, hereby designates
Contractor to undertake, and the Contractor hereby agrees to undertake that certain
community development project described in Exhibit "B", Scope of Work.
A. AMOUNT OF GRANT
1. The City hereby grants to the Contractor (Actual Costs up to $2,000.) $2,000
II. GENERAL BUDGET PROVISIONS
The Contractor agrees to the following provisions in satisfying the terms and
conditions of this contract:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the Contractor or obligation
of the Contractor currently due and owing, but not paid. Disbursements shall be
limited to allowable costs and so shall be made upon the occurrence of all the
following, in addition to any other conditions contained herein or in the special
conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement request
supported by copies of vouchers, invoices;
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable costs
under the principles set forth in Federal Management Circular 74-4 "eligible
costs and come within the Project Budget.
B. No payment shall be made for any service rendered by the Contractor except for
services within the scope of this Contract, and all funds received must be used for
service as identified in Exhibit "A" of this Contract.
III. BILLING PROCEDURES
A. The Contractor shall submit a single written claim for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and
as prescribed by. the City of Yakima ONDS.
Page 2 of 12
IV. COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of Housing and Urban
Development, including, but not limited to, Federal CDBG Regulations and other
policies and guidelines established by the City of Yakima ONDS.
B. PROJECT REQUIREMENTS
1. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental Policy
Acts.
V. NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor agrees that it shall not discriminate against any employee or
applicant on the grounds of race, creed, color, religion, national origin, sex, marital
status, age, or the presence of any sensory, mental or physical handicap. Such
action shall include, but not be limited to: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay
or other forms of compensation; and programs for training including
apprenticeships.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination Requirements,
24 CFR 570.601.
VI. NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion,
national origin, creed, marital status, or age:
1. Deny a qualified individual any facilities, financial aid, services or other
benefits provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which are
different, or are provided in a different manner, from those provided to
Page 3 of 12
others under this Contract; separate treatment in any manner related to his
receipt of any service(s) or other benefits provided under this Contract;
3. Deny any qualified individual an opportunity to participate in any program
provided by this Contract through the provision of service(s) or otherwise,
or will afford him an opportunity to do so which is different from that
afforded others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW
Rehabilitation Act of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and/or subcontracting 'has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall take
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
VII. LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, County and
Municipal standards for licensing, certification and operation of facilities and
programs, and accreditation and licensing of individuals, and any other standards or
criteria as described in the Contract to assure quality of services.
VIII. MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as
to ensure compliance by Contractor with this Contractor agreement, with the
CDBG Compliance Documents, and with all other laws, regulations, and
ordinances related to the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary
for its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the
United States, or any of their authorized representatives, and shall permit City,
HUD, the Comptroller General of the United States, or any of their authorized
representatives to audit, examine, and make excerpts and/or copies of same.
Contractor records shall include, but shall not be limited to, the following: payroll,
personnel and employment records; procurement bidding documents; contracts;
sales closing statements; and invoices.
Page 4 of 12
IX. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a
recipient or client for any purpose not directly connected with the City's or the
Contractor's responsibilities with respect to services provided under this Contract is
prohibited except on written consent of the recipient or client, his/her attorney or
his/her responsible parent or guardian or as otherwise provided by law.
X. ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided
within the terms of this Contract without obtaining prior written approval from the
City. All terms and conditions of this Contract shall apply to any approved subcontract
or assignment related to the Contract.
XI. STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor agrees that any contributions or payments made for services
furnished under this Contract shall be used for the sole benefit of this program.
XII. RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by
this Contract. The City of Yakima ONDS is interested only in the results to be
achieved, the implementation of services will lie solely with the Contractor. No agent,
employee, or representatives of the Contractor shall be deemed to be an employee,
agent, servant or representative of the City of Yakima for any purpose, and the
employees of the Contractor are not entitled to .any of the benefits the City of Yakima
provides for City Employees. The Contractor will besolely and entirely responsible
for its acts and for the acts of its agents, employees, servants, Subcontractors, or
otherwise during the performance of this Contract.
XIII. TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social
security tax, assessments. for unemployment and industrial injury insurance, and other
deductions from income which may be required by law or assessed against either party
as a result of this Contract; In the event the City is assessed a tax or assessment as a
result of this Contract, Contractor shall pay the same before it becomes due.
XIV. FINAL REPORT
The Contractor agrees to submit a written final report outlining the progress towards
completion of activities funded by the City of Yakima, to the City of Yakima.
Page 5 of 12
XV. INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or
rendered entirely to the Contractor's own risk and the Contractor expressly agrees to
defend, indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees and elected officials from any and all liability, loss, fines, penalties or
damage, inducing reasonable cost of defense, they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or judgments
against the City of Yakima which result from, arise out of, or are in any way connected
with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right
of indemnification in any third party.
XVI. CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the
City of Yakima ONDS may pursue such remedies as are legally available including but
not limited to, the termination of this Contract in the manner specified herein.
A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract
and any of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such
scope and nature that the City of Yakima ONDS deems continuation of this
Contract to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed
by the City of Yakima ONDS or its authorized representative within the
time specified by same;
3. The Contractor has failed within the time specified by the City of Yakima
ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore
and the effective date provided such effective date shall not be prior to
notification to the Contractor. After this effective date, no charges incurred
under any terminated portions are allowable.
B. TERMINATIONS ON OTHER GROUNDS
This Contract may also be terminated in whole or in part by mutual agreement
of the parties.
Page 6 of 12
C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF
FUNDING
In the- event that funding from the Federal government is withdrawn, reduced or
limited in any way after the effective date of this Contract, and prior to its
normal completion, the City of Yakima ONDS may summarily terminate this
Contract as to the funds reduced or limited, notwithstanding any other
termination provision of this Contract. If the level of funding so reduced or
limited is so great that the City of Yakima ONDS deems that the continuation
of the program covered by this Contract is no longer in the best interest of the
public, the City of Yakima ONDS may summarily terminate this Contract in
whole notwithstanding any other termination provisions of this Contract.
Termination under this Section shall be effective upon receipt of written notice
by the Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any
proposed reduction in funding by Federal or other officials. The Contractor
agrees that upon receipt of such notice it shall take appropriate and reasonable
action to reduce its spending in the affected funding area so that expenditures
do not exceed the funding level which would result if said proposed reduction
became effective.
This Contract may further be terminated by the City of Yakima upon written
demand by the City of Yakima ONDS for assurances that the terms of the
Project Description are being timely complied with, if such assurances are not
made to the City's satisfaction within thirty (30) days of the date of such
written demand.
D. CLOSEOUT
In the event that this Contract is terminated in whole or in part for any reason,
the following provisions shall apply:
1. Upon written request by the Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor shall submit within thirty (30) days after the date of
expiration of this Contract, all financial, performance and other reports
required by this Contract, and in addition, will cooperate in a program audit
by the City of Yakima or its designee.
3. In the event a financial audit has not been performed prior to closeout of
this Contract, the City of Yakima ONDS retains the right to withhold a just
and reasonable sum from the final payment to the Contractor after fully
considering the recommendation on disallowed costs resulting from the
final audit.
Page 7 of 12
XVII. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agency maintained by the Contractor for
the purpose of securing business. The City of Yakima ONDS shall have the right, in
the event of breach of this clause by the Contractor, to annul this Contract without
liability or, in its discretion, to deduct from the Contract price or consideration or
otherwise recover the full amount of such commission, percentage, brokerage or
contingent fee.
XVIII. CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate this Contract if it is found, after due notice and hearing, by the City that
gratuities in the form of entertainment, gifts, or otherwise offered or given by the
Contractor, or agent or representative of the Contractor, to any officer or employee
of the City of Yakima, with a view towards securing this Contract or securing
favorable treatment with respect to the awarding or amending or the making of any
determinations with respect to this contract.
B. In the event this Contract is terminated as provided in (A) above, the City of
Yakima shall be entitled to pursue the same remedies against the Contractor as it
could pursue in the event of a breach of the Contract by the Contractor. The rights
and remedies of the City of Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law.
XIX. RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement.
The Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and
irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter covered by copyright: Provided,
that with respect to data not originated in the performance of this Contract such license
shall be only to the extent that the Contractor has the right to grant such license without
becoming liable to pay compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of
delivery of data furnished under this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied from work not composed or
produced in the performance of this agreement and not licensed under this clause. The
Contractor shall report to the City of Yakima ONDS, promptly and in written detail,.
each notice or claim of copyright infringement received by the Contractor with respect
to all data delivered under this agreement. The Contractor shall not affix any
restrictive markings upon any data, and if such markings are affixed, the City of
Yakima ONDS shall have the right at any time to modify, remove, obliterate, or ignore
such markings.
Page 8 of 12
XX. GOVERNING LAW
This Contract has been and shall be construed as having been entered into and
delivered within the State of Washington, and it is mutually understood and agreed by
each party hereto that this Contract shall be governed by laws of the State of
Washington, both as to interpretation and performance.
XXI. VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior
Court of Washington for Yakima County, Washington.
XXII. MODIFICATION
Either party may request changes in this Contract, however, no change or addition to
this Contract shall be valid or binding upon either party unless such change or addition
be in writing, and executed by both parties, except budget adjustments as specified in
Section IV of this Contract.
XXIII. SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term,or provision of
this Contract is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected; and the rights and obligations of the parties shall be construed and
enforced as if the Contract did not contain the particular provision held to be invalid. If
it should appear that any provision hereof is in conflict with any statutory provision of
the United States or the State of Washington, said provision which may conflict,
therewith, and shall be deemed modified to conform to such statutory provision.
XXIV. RETURN OF FUNDS
The Contractor shall return to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
1. The Contractor materially changes the primary purpose and scope of the Project as
described.
2. The Contractor does not complete the work scope determined by the design plan.
Page 9 of 12
EXHIBIT "B"
SCOPE OF WORK
I. INTRODUCTION
The Downtown Yakima Facade Improvement Program is sponsored by the City of Yakima.
Forgivable grant funding for . the program comes from the City's Community Development
Block Grant funds. This contract reflects only the funds for planning and design work. The
actual construction work and funding is the responsibility of the property owner.
The program directs the investment of these public and private funds to assist with the
revitalization of the business core of the City. The purpose of the program is to:
A. Promote public/private partnerships between the City of Yakima, the CDY (Committee
for Downtown Yakima), and the property owners.
B. Provide an incentive for exterior improvements of commercial buildings in a
designated area of the City of Yakima.
C. Stimulate economic development.
D. By improving and expanding the downtown business district provide services to the
nearby low/moderate income neighborhoods of the City of Yakima.
E. Invest in historic preservation and rehabilitation.
F. Increase retail and commercial opportunities for area residents.
G. Assist in the creation or preservation of jobs within the downtown core.
II. Program Design
The program provides a grant of up to $2,000 to be used for facade improvements to
eligible buildings in the designated district. The grant funds can be used for planning and
design work to prepare for renovation of the exterior of the building. These funds need not
be reimbursed unless the project is not completed.
Award of the funds will be based on the evaluation of the application by -a group appointed
by the CDY. Evaluations will be made in a first come, first served basis, and until funding
for the year has all been committed. Approximately $30,000 (funding for 15 projects will
be available in 2008, (subject to federal and local funding).
III. Program Administration
The program is funded through CDBG funds awarded by the City of Yakima. Projects are
required to meet the Low/Moderate Income national objective of the program, and will be
eligible under the regulation found at 570.202 (a)(3). The improvements will benefit the
residents of the City's HUD approved Neighborhood Revitalization Strategy Area.
In addition, the program will require environmental clearance under the National
Environmental protection Act. Since federal funds will only be used for planning and
design, the clearance will be of a routine nature. The City Office of Neighborhood
Development Services staff will prepare the clearance.
Page 10 of 12
IV. Eligible Participants
Non-residential property owners and lessees (with the written permission of the owners)
are eligible for the grant assistance. Participants may be individuals, sole -proprietors,
partnerships, for-profit and non-profit corporations, or any other legally identified form of
business ownership. As a condition of eligibility, property taxes on the subject property
must be current, and applicants must be current on anydebts owed to the City.
Owners of more than one eligible property may apply for assistance with each eligible
property. Each application will be considered independently.
V. Eligible Activities
The grant program will fund actual costs, up to $2,000 of the costs for planning and design
for exterior facade renovation. Actual work is to be completed by licensed contractors, and
paid for by other funds secured by the owner.
Eligible Properties
To be eligible for funding through the grant program, buildings must be located within the
identified CDY service area (see attached Map), and must be zoned for commercial use.
Mixed-use buildings with commercial use on the ground floor will be eligible. Properties
with multiple business tenants must apply the compatible facade improvements across the
entire property concurrently as one project.
Eligible Area Map
(attached)
VI. General Procedures
The following is an outline of the normal sequence of events for a facade improvement Grant:
A. Interested party contacts the CDY (Committee for Downtown Yakima) for information
about the program and requests an application.
B. CDY staff provides an application and a copy of the Downtown Design Standards,
where applicable, to the applicant.
C. CDY staff reviews the application for eligibility, completeness, and availability of
project funding (as evidenced by a prequalification letter form the lender).
D. CDY staff notifies ONDS staff of the application and requests an environmental
clearance be completed.
E. CDY submits completed applications to City of Yakima, ONDS.
F. ONDS staff certifies the eligibility and completeness of the application, and schedules
the project for review by the CDY approval committee.
G. If approved, the grant contract agreement and loan documents are prepared by ONDS.
The applicant and the City sign the contract, and applicant signs loan documents.
H. City staff provides the applicant with a list of participating architects and lenders.
I. The applicant submits itemized billing invoice to ONDS to pay for the planning and
Page 11 of 12
design of the project
J. The applicant submits the actual plans to the CDY committee for final review.
K. The applicant completes the financing of the work, awards a contract, issues permits,
and work begins. Work is to begin as soon as possible after the final approval by the
committee, and must be completed within six months of the loan document date.
Once the project is complete, City of Yakima, ONDS will prepare reconveyance of the
Deed of Trust. It is the applicants responsibility to notify ONDS when the project is
complete.
If for any reason the work is not completed, the grant must be repaid to the City of
Yakima.
VII. Attach Project's Operating Budget, Work Plan and Copy of Design
Page 12 of 12
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ITEM TITLE. Ap
SUBMITTED B % 'B
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 9
For Meeting of February 5, .2008
I of Downtown Facade Improvement Program and CDBG Funds
Ce6k, CED Director
CONTACT PERSON/TELEPHONE.
Bill Cobabe, ONDS Manager
SUMMARY EXPLANATION As an entitlement community the City of Yakima receives direct Federal
funding for the Community Development Block Grant (CDBG) programs. These funds. can be invested
in a broad range of activities, projects, and programs, and services As part of the previously approved
Neighborhood Revitalization Strategy Area plans, staff has designed and requests Council approval for
a program that will provide forgivable grants of up to $2,000 to NRSA businesses for facade.
improvements to eligible commercial buildings. (Please see the attached program narrative)
These grants will be available to property owners who want to planand design construction work on the
exterior of their buildings to make the appearance of the building more consistent with the historic
appearance of downtown If the project then moves forward to completion of the construction work, the
grant will be forgiven The City's CDBG funding will convert to a loan if the work is not completed within
24 months of the funding being awarded, or if the proposed work is not approved in advance by a
facade review committee as discussed in the program narrative
The program was presented to the Downtown Futures Committee prior to Council's January 26th
retreat. Attending were appointed member Councilmember Johnson and guest Councilmembers
Coffey and Ensey They unanimously approved forwarding this proposal to the full Council
This resolution will approve the program (as described in the attached material), and authorize an
expenditure of up to $30;000 from CDBG funds for approximately 15 projects in 2008
Resolution. X Ordinance Other (Specify)
Contract, Mail to (name and address)
Phone
Fuhding Source .2008 CDBG Fund
APPROVED FOR SUBMITTAL.
STAFF RECOMMENDATION Approval
BOARD/COMMISSION RECOMMENDATION
COUNCIL. ACTION
City Manager