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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2.
For Meeting of: October 13, 2020
ITEM TITLE: Resolution amending the agreement with Yakima County
Development Association (YCDA) regarding CARES Act grant
funds to change the definition of non-profit corporation to include
any non-profit corporation with federal tax exempt status
SUBMITTED BY: Kimberly Domine', Financial Services Manager
Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This Resolution authorizes the City Manager to amend the agreement between the City of
Yakima and YCDA with regards to the CARES Act grants for small businesses and non-profit
corporations. Yakima Valley Tourism/Visitors and Convention Bureau is a federally tax exempt
non-profit corporation, but their status falls under 501(c)(6) rather than 501(c)(3). It is
recommended that the document be amended to allow any non-profit with federal tax exempt
status to apply for a grant under the recently amended contract with YCDA. A copy of the non-
profit organizations with federal tax exempt status that have a contractual relationship with the City
is attached for your reference.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description Upload Date Type
L resolution 10/ / 00 r Memo
mendment 2-Y EA fires Act-track charges 10/ /202 retract
en ert 2-YEA fires act-charges accepted 10/ /202 rtract
List of contracts th non-profits 202 1 /$/2020 backup Material
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RESOLUTION NO. R-2020-
A RESOLUTION amending the Agreement with Yakima County Development
Association (YCDA) regarding CARES Act grant funds to include all
federal tax exempt non-profit corporations.
WHEREAS, YCDA is a non-profit service provider that provides, in part, business
planning and grant opportunities to small businesses in Yakima County; and
WHEREAS, the Yakima City Council received CARES Act funding to help address
losses associated with COVID-19; and
WHEREAS, the CARES Act funding may be granted to small businesses that
weren't able to operate, or couldn't operate at 100% due to the restrictions imposed on
businesses due to the COVID-19 pandemic; and
WHEREAS, the grant program allows small businesses, as defined therein, to
request grant funding; and
WHEREAS, the original agreement, approved by the City Council on September 15,
2020, approved a $1 million fund to award grants to small businesses, as defined in the
agreement; and
WHEREAS, the City has available an additional $1.4 million in CARES Act funds
that it wishes to add to the agreement, allowing YCDA to distribute more funding to the
community; and
WHEREAS, the City also wishes to make some of the additional $1.4 million
available to non-profit corporations under the terms and conditions outlined in the
Agreement; and
WHEREAS, the City Council at its October 6, 2020, business meeting approved
setting aside $800,000.00 for non-profit corporations, with a priority system that allowed for
non-profit corporations with a contractual relationship with the City to apply for up to
$30,000.00 of funding; and
WHEREAS, non-profit corporation was defined in the amendment as those non-
profit corporations with 501(c)(3) status, but when compiling the list of eligible first priority
entities it was determined that the Visitors and Convention Bureau was tax exempt, but a
501(c)(6); and
WHEREAS, the City also wishes to amend Agreement to define non-profit
corporations as any non-profit corporation which has federal tax exempt status; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest
of the City and its residents to amend the amendment to change the definition of non-profit
corporation, now, therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Second Amendment to the
Agreement Between the City of Yakima and Yakima County Development
Association which changes the definition of non-profit corporation. A copy of the
amendment to the grant agreement is attached hereto and fully incorporated herein.
ADOPTED BY THE CITY COUNCIL this day of , 2020.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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FIRST SECOND AMENDMENT
TO
AGREEMENT BETWEEN THE
CITY OF YAKIMA AND
YAKIMA COUNTY DEVELOPMENT ASSOCIATION
THIS AMENDMENT is entered into this_ day of , 2020,
between the City of Yakima, State of Washington ("City" or "Grantee") and Yakima County
Development Association ("Recipient") and amends the Agreement Between the City of Yakima
and Yakima County Development Association dated September 9, 2020 and the First
Amendment approved by City Council on October 7, 2020.
RECITALS:
WHEREAS, the City received CARES Act funds to be used to address the effects arising
from the COVID-19 pandemic in addition to the One Million Dollars allocated for small business
grants in the September 9, 2020, Agreement between the City and Recipient; and
WHEREAS, the City amended that Agreement on October 7, 2020, to use an additional
$600,000.00 for small businesses and $800,000.00 for non-profit corporations, as defined
therein as 501(c)(3) non-profit corporations; and
WHEREAS, the City wishes to amend the definition of non-profit corporations to include
all non-profit corporations that have federal tax exempt status; and
WHEREAS, the Recipient has capacity and has agreed to administer the additional
funding as a grant program for small businesses, the same as that outlined in the September 9,
2020, Agreement, as well as for non-profit organizations under the terms and conditions herein;
and
WHEREAS, the City wishes to further amend its Agreement with Recipient to engage
Recipient to assist the City in utilizing the additional CARES Act funds;
NOW, THEREFORE, it is agreed between the parties hereto as follows:
Section 1: Amendment to the September 9, 2020 Agreement.
A. Section1: Scope of Services, shall be amended to read as follows:
1. SCOPE OF SERVICE
A. Activities
The Recipient will be responsible for administering CARES funding granted to the
Grantee to address effects arising from the COVID-19 pandemic in a manner
satisfactory to the Grantee and consistent with any standards required as a condition of
providing these funds. Such program will include the following activities eligible under
the CARES program:
Program Delivery
5
Activity: (i) Recipient will use CARES funding to provide grants to small
businesses to provide short-term assistance, enable retention of jobs, and
stabilize small businesses affected by the COVID-19 pandemic.
(ii) Recipient will use CARES funding to provide grants to non-profit
corporations holding S federal tax exempt status to provide short-term
assistance and aid with costs due to the effects of the COVID-19 pandemic.
General Administration
The Recipient will maintain program and financial records documenting eligibility,
provisions of services, grants allocated, small business and non-profit information,
advertising and marketing, application review, and decision-making.
B. CARES Act Objectives: Small Business Grants
All activities funded with these CARES funds must be for the costs of business
interruption caused by required closures. The funds must be specifically for COVID
related impacts and needed to prevent significant damage to the local economy.
The Recipient will provide all documented data collected to Grantee through monthly
reports and a final report which will provide all data requested in this Agreement.
Additional information may be requested by Grantee and any such information shall be
provided by Recipient.
Levels of Accomplishment—Goals and Performance Measures
Recipient shall administer the grant program for small businesses in the City
of Yakima with the goal of providing grant funds to small businesses to keep
those businesses viable during the COVID-19 pandemic and beyond.
ii. Recipient shall document grant reimbursements, employee numbers, and
success or failure of the business on or before December 31, 2020, after the
grant funds have been provided.
iii. Recipient shall follow up with successful applicants on or before June 30,
2021, after grant funds have been provided to collect data on the business.
C. CARES Act Objectives: Non-Profit Corporation Grants
All activities funded with these CARES funds must be for the costs associated with the
interruption of activities of a non-profit corporation caused by the required closures and
limitations on gatherings. The funds must be specifically for costs associated with the
non-profit organizations' COVID related impacts or for costs associated with services
provided to the community by the non-profit corporation during the pandemic.
The Recipient will provide all documented data collected to the Grantee through monthly
reports and a final report which will provide all data requested in this Agreement.
Additional information may be requested by Grantee and any such information shall be
provided by Recipient.
Levels of Accomplishment—Goals and Performance Measures
6
Recipient shall administer the grant program for non-profit corporations which
are based in the City of Yakima with the goal of providing grant funds to non-
profit corporations to pay for costs associated with the non-profit during the
COVID-19 pandemic, such as rent, utilities, and costs of providing services
typically provided by the non-profit to the community during the pandemic.
ii. Recipient shall document grant reimbursements on or before December 31,
2020, after the grant funds have been provided.
D. Staffing
Recipient shall provide adequate staffing to administer the grant program. Grantee will
provide technical assistance when requested. Jonathan Smith of YCDA shall be the
primary staff person and key personnel for purposes of this Agreement. Any changes in
key personnel assigned or their general responsibilities under this Agreement are
subject to the prior approval of the Grantee.
E. Performance Monitoring
The Grantee will monitor the performance of the Recipient against goals and
performance standards required herein. Substandard performance as determined by
the Grantee will constitute noncompliance with this Agreement. If action to correct such
substandard performance is not taken by the Recipient within a reasonable period of
time after being notified by the Grantee, contract suspension or termination procedures
will be initiated.
B. Section 7: Special Conditions, shall be amended to read as follows:
7. SPECIAL CONDITIONS
A. Recipient shall formulate all application materials and Grantee shall approve said
application materials prior to the granting of any funds under this Agreement.
B. The grant amount to any small business applicant shall not exceed Ten Thousand
Dollars. Grantee desires to serve as many small businesses and non-profit
corporations as practicable while providing those businesses and non-profits funds
need to continue to operate beyond the COVID-19 pandemic.
C. Priority should be given first to small businesses which have not received any other
federal or state assistance for their business. In cases where assistance provided
was less than $10,000.00, a small business may request the difference between
what it already received and the full $10,000.00 and be given priority for that amount.
Next priority is non-profit corporations which have provided services to the
community during the pandemic prior to the date of application.
D. Small business applicants must provide proof of a valid City of Yakima business
license.
E. For purposes of obtaining a small business grant under this Agreement, a small
business is defined as a sole proprietorship, partnership, limited liability company, or
corporation with less than twenty-five employees (either part-time or full-time
employees) located within the City of Yakima, legally in operation for at a minimum of
365 days prior to September 1, 2020, which wasn't able to operate, or wasn't (or still
7
isn't) able to operate at 100% due to the required closures and opening restrictions
due to COVID-19.
F. Non-profit corporations must provide proof of 501(c)(3)federal tax exempt status and
that the non-profit corporation has an office in the City of Yakima.
G. For purposes of obtaining a non-profit corporation grant under this Agreement, a
non-profit corporation is defined as a 501(c)(3)federal tax exempt non-profit
corporation located within the City of Yakima, legally in operation for at a minimum of
365 days prior to September 1, 2020, which had its operations affected due to the
required closures and opening restrictions, or the restrictions on gathering, due to
COVID-19.
H. First priority non-profit corporations, as outlined in Section 3, may apply to receive up
to $30,000.00. Second and last priority non-profit corporations, as outlined in
Section 3, may apply to receive up to $10,000.00.
I. Non-profit corporations' awards should not be reduced due to the receipt of funds
from the Paycheck Protection Program.
J. YCDA shall determine the best course in reviewing applications.
K. Funding should be granted on a rolling basis, until funds run out, but no grants
should be awarded later than November 30, 2020.
L. Recipient shall provide updates to the City Council upon request.
Section 2: All other contractual terms remain. Aside from the specific amendments listed in
Section 1, all other terms, conditions, requirements, and obligations outlined and agreed to in
the Agreement Between the City of Yakima and Yakima County Development Association,
dated September 9, 2020, and the First Amendment approved by City Council on October 6,
2020, remain in full force and effect and are not altered or amended unless specifically set forth
herein.
DATED this day of October, 2020
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF YAKIMA YAKIMA COUNTY DEVELOPMENT ASS'N
By: Robert Harrison, City Manager By: Jonathan Smith, Director
ATTEST:
Sonya Claar-Tee, City Clerk
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9
SECOND AMENDMENT
TO
AGREEMENT BETWEEN THE
CITY OF YAKIMA AND
YAKIMA COUNTY DEVELOPMENT ASSOCIATION
THIS AMENDMENT is entered into this_day of , 2020,
between the City of Yakima, State of Washington ("City" or"Grantee") and Yakima County
Development Association ("Recipient") and amends the Agreement Between the City of Yakima
and Yakima County Development Association dated September 9, 2020 and the First
Amendment approved by City Council on October 7, 2020.
RECITALS:
WHEREAS, the City received CARES Act funds to be used to address the effects arising
from the COVID-19 pandemic in addition to the One Million Dollars allocated for small business
grants in the September 9, 2020, Agreement between the City and Recipient; and
WHEREAS, the City amended that Agreement on October 7, 2020, to use an additional
$600,000.00 for small businesses and $800,000.00 for non-profit corporations, as defined
therein as 501(c)(3) non-profit corporations; and
WHEREAS, the City wishes to amend the definition of non-profit corporations to include
all non-profit corporations that have federal tax exempt status; and
WHEREAS, the Recipient has capacity and has agreed to administer the additional
funding as a grant program for small businesses, the same as that outlined in the September 9,
2020, Agreement, as well as for non-profit organizations under the terms and conditions herein;
and
WHEREAS, the City wishes to further amend its Agreement with Recipient to engage
Recipient to assist the City in utilizing the additional CARES Act funds;
NOW, THEREFORE, it is agreed between the parties hereto as follows:
Section 1: Amendment to the September 9, 2020 Agreement.
A. Section1: Scope of Services, shall be amended to read as follows:
1. SCOPE OF SERVICE
A. Activities
The Recipient will be responsible for administering CARES funding granted to the
Grantee to address effects arising from the COVID-19 pandemic in a manner
satisfactory to the Grantee and consistent with any standards required as a condition of
providing these funds. Such program will include the following activities eligible under
the CARES program:
Program Delivery
10
Activity: (i) Recipient will use CARES funding to provide grants to small
businesses to provide short-term assistance, enable retention of jobs, and
stabilize small businesses affected by the COVID-19 pandemic.
(ii) Recipient will use CARES funding to provide grants to non-profit
corporations holding federal tax exempt status to provide short-term
assistance and aid with costs due to the effects of the COVID-19 pandemic.
General Administration
The Recipient will maintain program and financial records documenting eligibility,
provisions of services, grants allocated, small business and non-profit information,
advertising and marketing, application review, and decision-making.
B. CARES Act Objectives: Small Business Grants
All activities funded with these CARES funds must be for the costs of business
interruption caused by required closures. The funds must be specifically for COVID
related impacts and needed to prevent significant damage to the local economy.
The Recipient will provide all documented data collected to Grantee through monthly
reports and a final report which will provide all data requested in this Agreement.
Additional information may be requested by Grantee and any such information shall be
provided by Recipient.
Levels of Accomplishment—Goals and Performance Measures
Recipient shall administer the grant program for small businesses in the City
of Yakima with the goal of providing grant funds to small businesses to keep
those businesses viable during the COVID-19 pandemic and beyond.
ii. Recipient shall document grant reimbursements, employee numbers, and
success or failure of the business on or before December 31, 2020, after the
grant funds have been provided.
Recipient shall follow up with successful applicants on or before June 30,
2021, after grant funds have been provided to collect data on the business.
C. CARES Act Objectives: Non-Profit Corporation Grants
All activities funded with these CARES funds must be for the costs associated with the
interruption of activities of a non-profit corporation caused by the required closures and
limitations on gatherings. The funds must be specifically for costs associated with the
non-profit organizations' COVID related impacts or for costs associated with services
provided to the community by the non-profit corporation during the pandemic.
The Recipient will provide all documented data collected to the Grantee through monthly
reports and a final report which will provide all data requested in this Agreement.
Additional information may be requested by Grantee and any such information shall be
provided by Recipient.
Levels of Accomplishment—Goals and Performance Measures
11
Recipient shall administer the grant program for non-profit corporations which
are based in the City of Yakima with the goal of providing grant funds to non-
profit corporations to pay for costs associated with the non-profit during the
COVID-19 pandemic, such as rent, utilities, and costs of providing services
typically provided by the non-profit to the community during the pandemic.
ii. Recipient shall document grant reimbursements on or before December 31,
2020, after the grant funds have been provided.
D. Staffing
Recipient shall provide adequate staffing to administer the grant program. Grantee will
provide technical assistance when requested. Jonathan Smith of YCDA shall be the
primary staff person and key personnel for purposes of this Agreement. Any changes in
key personnel assigned or their general responsibilities under this Agreement are
subject to the prior approval of the Grantee.
E. Performance Monitoring
The Grantee will monitor the performance of the Recipient against goals and
performance standards required herein. Substandard performance as determined by
the Grantee will constitute noncompliance with this Agreement. If action to correct such
substandard performance is not taken by the Recipient within a reasonable period of
time after being notified by the Grantee, contract suspension or termination procedures
will be initiated.
B. Section 7: Special Conditions, shall be amended to read as follows:
7. SPECIAL CONDITIONS
A. Recipient shall formulate all application materials and Grantee shall approve said
application materials prior to the granting of any funds under this Agreement.
B. The grant amount to any small business applicant shall not exceed Ten Thousand
Dollars. Grantee desires to serve as many small businesses and non-profit
corporations as practicable while providing those businesses and non-profits funds
need to continue to operate beyond the COVID-19 pandemic.
C. Priority should be given first to small businesses which have not received any other
federal or state assistance for their business. In cases where assistance provided
was less than $10,000.00, a small business may request the difference between
what it already received and the full $10,000.00 and be given priority for that amount.
Next priority is non-profit corporations which have provided services to the
community during the pandemic prior to the date of application.
D. Small business applicants must provide proof of a valid City of Yakima business
license.
E. For purposes of obtaining a small business grant under this Agreement, a small
business is defined as a sole proprietorship, partnership, limited liability company, or
corporation with less than twenty-five employees (either part-time or full-time
employees) located within the City of Yakima, legally in operation for at a minimum of
365 days prior to September 1, 2020, which wasn't able to operate, or wasn't (or still
12
isn't) able to operate at 100% due to the required closures and opening restrictions
due to COVID-19.
F. Non-profit corporations must provide proof of federal tax exempt status and that the
non-profit corporation has an office in the City of Yakima.
G. For purposes of obtaining a non-profit corporation grant under this Agreement, a
non-profit corporation is defined as a federal tax exempt non-profit corporation
located within the City of Yakima, legally in operation for at a minimum of 365 days
prior to September 1, 2020, which had its operations affected due to the required
closures and opening restrictions, or the restrictions on gathering, due to COVID-19.
H. First priority non-profit corporations, as outlined in Section 3, may apply to receive up
to $30,000.00. Second and last priority non-profit corporations, as outlined in
Section 3, may apply to receive up to $10,000.00.
I. Non-profit corporations' awards should not be reduced due to the receipt of funds
from the Paycheck Protection Program.
J. YCDA shall determine the best course in reviewing applications.
K. Funding should be granted on a rolling basis, until funds run out, but no grants
should be awarded later than November 30, 2020.
L. Recipient shall provide updates to the City Council upon request.
Section 2: All other contractual terms remain. Aside from the specific amendments listed in
Section 1, all other terms, conditions, requirements, and obligations outlined and agreed to in
the Agreement Between the City of Yakima and Yakima County Development Association,
dated September 9, 2020, and the First Amendment approved by City Council on October 6,
2020, remain in full force and effect and are not altered or amended unless specifically set forth
herein.
DATED this day of October, 2020
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF YAKIMA YAKIMA COUNTY DEVELOPMENT ASS'N
By: Robert Harrison, City Manager By: Jonathan Smith, Director
ATTEST:
Sonya Claar-Tee, City Clerk
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Organization Name Contact Person
Yakima Greenway Foundation Kellie Connaughton
OIC of Washington Steve Mitchell
SOZO Sports Complex
YMCA Bob Romero
Yakima Humane Society
Yakima Police Athletic League (YPAL) Ed Schoenbach
Capitol Theatre Committee, Inc. Charlie Robin
Yakima Valley Tourlsm/Vlsltors&Cony B John Cooper
Dispute Resolution Center Sarah Augustine
Grace City Outreach/Camp Hope Mike Kay
Yakima Valley Trolleys
Sunrise Outreach Dave Hanson
Downtown Association of Yakima Andrew Holt
People for People Madeline Carlson
Yakima National Little League
Central Washington Mountain Rescue
YWCA
Comprehensive Health Care
Yakima Area Arboretum
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Contact Info
509-453-8280; kellie@yakimagreenway.org
509-248-6751
509-698-5822; 509-961-8598
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Summary of contract
Operate and Maintain Sarg Hubbard Park/Land Use Agreement regarding additional development of land along GI
Operation and Maintenance Agreement regarding Henry Beauchamp Community Center, including programming
Sports Facility Management Agreement and lease of city property
Aquatic Center Agreement and lease of city property
Animal Control Officers and Animal Impoundment
Maintenance, Operation and programming at Washington Fruit and Produce Community Center
Manage and Operate the Capitol Theatre
Promote Yakima as a tourist destination.
Facilitates and coordinates various gang intervention programs
Manage and Operate the Homeless Encampment
Operate, use and promote the trolley system and museum
Provide Outreach services to persons experiencing homelessness as part of the Clean City Campaign
Beautify and maintenance of downtown Yakima, including events
Provide services associated with community diversion court
Operation and Maintenance of little league fields and concessions at Elks Park
Ability to do rope training and generally use Franklin Park for CWMR training
Confidential victim advocate work
Designated Crisis Responders
Maintenance and operation of arboretum
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