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HomeMy WebLinkAboutR-2023-037 Resolution approving Grant Change Request Letter to Washington State Department of CommerceRESOLUTION NO. R-2023-037 A RESOLUTION authorizing the City Manager to submit a Grant Change Request to Washington State Department of Commerce. WHEREAS, the City of Yakima (City) is obligated to develop property adjacent to SOZO as part of the RCO Conversion process at Chesterley Park; and WHEREAS, said property is to be developed as a replacement of the park area utilized to build the YMCA Aquatic/Fitness Center at Chesterley Park; and WHEREAS, The City has an agreement with SOZO for SOZO to develop and manage the property as a City -owned park at the expense of SOZO; and WHEREAS, the YMCA to assist SOZO with the cost of developing the property, secured a grant from the Washington State Department of Commerce; and WHEREAS, the grantee of a grant awarded by the Washington State Department of Commerce is typically the property owner; and WHEREAS, The City is requesting approval from City Council to submit a Grant Change Request to Washington State Department of Commerce to transfer the grant from YMCA to the City; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima and its residents to approve the Grant Change Request; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to submit the Grant Change Request letter to Washington State Department of Commerce to request the transfer of the grant from YMCA to the City of Yakima. The Grant Change Request letter is attached hereto and fully incorporated herein. ADOPTED BY THE CITY COUNCIL this 7th day of\March, 2023 ATTEST: ndy t . Brad'' ord, Acng City BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: March 7, 2023 ITEM TITLE: Resolution approving Grant Change Request Letter to Washington State Department of Commerce SUBMITTED BY: Scott Schafer, Public Works Director - (509) 576-6411 SUMMARY EXPLANATION: The City of Yakima (City) is obligated to develop property adjacent to SOZO as part of the RCO Conversion process at Chesterley Park. The property is to be developed as a replacement of the park area utilized to build the YMCAAquatic/Fitness Center at Chesteriey Park. The City has an agreement with SOZO for SOZO to develop and manage the property as a City -owned park at the expense of SOZO. Because the RCO Conversion process was required to allow the YMCA to build the Aquatic/Fitness Center, the YMCA desired to assist SOZO with the cost of developing the property by securing a grant from the Washington State Department of Commerce in an approximate amount of $225,000. The grantee of a grant awarded by the Washington State Department of Commerce is typically the property owner. As a result, the City is requesting approval from City Council to submit a Grant Change Request to Washington State Department of Commerce to transfer the grant from the YMCA to the City. If approved, the new grant agreement between the City and the Washington State Department of Commerce would be brought back to City Council. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description O RespetutiQn ("?rant R. q last C fancy o Grant Olenge Reqtrar?tt Letter Upload Date 1 r 2023 212412023 Type Resolution Backup iMiatenal February 24, 2023 Mara Isaacson Washington State Department of Commerce Community Development and Assistance Unit 1 Local Government Division Pa Box 42525 Olympia, WA 98504-2525 Reference: Yakima YMCA Grant # 2-96643-141 Yakima YMCA Park Development Dear Ms. Isaacson, As a follow-up to your discussions with the Yakima YMCA regarding this project, the parties below affirm that they wish to transfer the responsibilities of grantee from the YMCA to the City of Yakima. The City of Yakima is the land owner for the new park. In addition, the City has a contract with Bozo Sports for the development and maintenance of the park. The park is also part of an obligation between the City of Yakima and the Washington Recreation Conservation Office. The YMCA was connected via a Memorandum of Understanding with Sozo to help secure park funding. Given the City's land ownership, contractual cor the grant funds and ability to facilitate construction, grant to the control of the City of Yakima. Please process our request for this change. ely, Bob Romero Executive Director Yakima YMCA ents, capacity to administer makes sense to transfer this Bob Harrison Yakima City Manager 0/1% Washington State j Coerce Washington State Capital Budget Contract Readiness Form Grantee: City of Yakima Project Title: Yakima YMCA Park Development (Yakima) Contract Number: 23-96643-141 Net Grant Amount: $225,040.00 Instructions: Before you can receive funds, a contract will need to be executed between your organization and the state. Contract development generally takes four to six weeks once you have met all pre-contracting requirements. Please follow these steps to get the process started: 1. Completely fill out the survey questions by typing your responses in the electronic version of this form; 2. Have the Grantee Certification (last page) signed by the person authorized to sign contracts for your organization; 3. Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable; 4. Attach completed and signed LEED Certification Declaration form; 5. Compile and email these documents to your Grant Manager, Mara Isaacson at mara.isaacson@commerce.wa.gov If you have any questions or need additional information, please contact me at: mara.isaacson@commerce.wa.gov or(360) 742-7665 All grantees are required to set up an SWV number so funds may be sent electronically. Please find detailed instructions here: Office of Financial Management. It may take up to three weeks after you submit this information for an electronic transfer account to be set up. You may immediately submit your working papers survey to us; we will automatically receive your SWV number from the office that sets them up. Thank you for your assistance in making this contract-writing process as quick and easy as possible! SECTION 1 . GENERAL INFORMATION 1.1 Grantee (Complete Legal Name) City of Yakima 1.2 Type of Organization P ly-Own Private Non-Profit Tribal 1.3 Statewide Vendor Number(if available) SWV0007122-02 1.4 Fiscal Year End (mm/dd) 12/31 1.5 UBI#(if available) 397-000-272 1.6 Project Street Address 1900 S 36th Ave, Yakima , WA 98902 - 1.7 Project Mailing Address 2301 Fruitvale Blvd, Yakima, WA 98902 - County(https://www.gps- 1'$ coordinates.net) Yakima Project GPS Coordinates (approximate Latitude (e.g., 45.3530) Longitude(e.g., 120.4510) 1.9 center of where you will be working) 46.6131809 -120.5395132 1.10 Project Jurisdiction (county, city, town) City of Yakima, Yakima, WA 1.11 Legislative District 14th District 1.12 Congressional District 4th District 1.13 Which legislator(s)took the lead in Rep. Chris Corry introducing your appropriation? Authorized Person to Sign Contract Robert Harrison Authorized Signatory Title City Manager Mailing Address (if different from project 129 N 2nd St, Yakima, WA 98901 1.14 mailing address above) Telephone (509) 575- 6040 Email bob.harrison@yakimawa.gov Person Administering the Grant(once contract is signed) Scott Schafer Mailing Address (if different from project 2301 Fruitvale Blvd, Yakima, WA 98902 1.15 mailing address above) Telephone (509) 576- 6411 Email scott.schafer@yakimawa.gov 1.16 Are you able to utilize DocuSign to sign a Yes No contract? Sara Watkins, City Attorney City of Yakima- Legal Department Attorney Name, Firm &Address, if 200 S 3rd St #2 1.17 required on contract documents Yakima, WA 98901 SECTION 2. PROJECT INFORMATION PROJECT DESCRIPTION 2.1 Please describe the project's anticipated use and public benefit. The City of Yakima (City) is obligated to construct a new 32-acre public park adjacent to the SOZO Sports Complex near the Yakima airport via RCO Conversion process due to the City partnering with the YMCA in constructing a new YMCA Aquatic/Fitness Center at Chesterley Park. The City has an agreement with SOZO for SOZO to construct, operate and maintain the new City owned public park. The park once fully developed, will provide nature trails, open green space, picnic area, restroom and playground. The YMCA was assisting SOZO with the cost of the development of the park by applying for a Department of Commerce grant. Because the City is the owner of the property, the City requested that the awarded grant from the Department of Commerce be transferred from the YMCA to the City. 2.2 Is this project part of a larger, phased project? If YES, explain how this phase fits in the YES ENO.) overall project. SITE CONTROL 23 Do you have control of the project site either through ownership or through a long-term lease (at least 10 years)? If NO, please explain and include the date you expect to ,YES NO meet this condition. IMPORTANT: Site control is required before we can begin writing the contract. GOVERNOR EXECUTIVE ORDER 21.02 (EO 21-02)CULTURAL & HISTORICAL RESOURCES REVIEW(OR SECTION 106) 2.4 Does your project involve pre-construction, land acquisition, ground disturbance, or pre-Construction construction or rehabilitation of a building over 45 years old? If YES and your project includes only state and local funds, you will need to go through Land Acquisition the EO 21-02 review process. If NO, please explain. Develop a City Park Ground Disturbance 2.4a Does your project include federal funds? YES %NO If YES, you will need to go through the Section 10$-review process. Building Over 45 Years IMPORTANT: If EO 21-02 (or Section 106) applies to your project, you will need to Old complete this review before we can execute the contract.' 1 The EO 21-02 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic Preservation,and Indian Tribes, prior to starting project construction. If your project funding includes federal funds, Section 106 (National Historic Preservation Act)will be required,which supersedes the EO 21-02 review.These consultations should take place as early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources process, please contact your project manager. LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN)CERTIFICATION 2,5 Does your project include new construction or renovation of a building or facility? CyYES NO If YES, indicate if you entered the LEED certification process with the goal of your facility obtaining the silver standard. IMPORTANT: As part of your contracting process, you are required to complete a LEED Certification Declaration form.2 PREVAILING WAGE 2.6 If your project includes new construction or renovation, do you understand and acknowledge that you are required to pay state prevailing wages for all construction- YES ~ related work as of the enacted date of the state capital budget including the project's appropriation. SCOPE OF WORK 2.7 Describe all the activities and deliverables needed to accomplish this project. IMPORTANT: Provide a description of the project along with the estimated start and end date. Your Scope of Work must correspond with your application or member request and will become part of your contract. The park will have a grass picnic/play area with a nature walking trail. The infrastructure includes a restroom building and parking. The scope of work to complete the parking includes: Water- complete Sewer and power connections —June - August 2023 Restroom building — July—August 2023 Parking lot— prep, pave, and gravel with stormwater swales and lighting —August 2023 Plant and irrigate grass area - complete Define the walking path — September 2023 City park signage —August 2023 2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law requiring all capital projects grant recipients to comply with the LEED standards(RCW 39.35D).The goal is for major construction or renovation projects receiving state funds to be built to the LEED silver standard where"practicable." Projects that fall under certain facility types and projects demonstrating that it would not"be practicable"to meet the LEED silver standard may qualify for a LEED exemption. Please refer to the attached LEED Certification Declaration form for more details. If you have questions regarding the LEED process, please contact your project manager. PROJECT COSTS 2.8 Only complete the Project Costs table below if your budget is finalized. A list of eligible and ineligible costs is attached at the end of this survey. IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.9. The cost categories must correspond with the activities listed on your Scope of Work. Please note that this is a reimbursement grant; only costs incurred after the date protect funds were awarded will be reimbursed (July 1 of year appropriated). IMPORTANT: A finalized budget is required before we can begin writing the contract. IMPORTANT: Internal project management is NOT an eligible cost for reimbursement. Has the project incurred eligible costs prior to receiving the appropriation in the state capital budget? Yes No If yes, please provide date costs were incurred and explain. Cost Category Amount Archeological/Historical Review Site Acquisition Architecture and Engineering Design Construction/Renovations Construction Management Demolition and Site Preparation Capitalized Equipment Other: TOTAL PROJECT COSTS (must match 2.9 Total Project Funding) PROJECT FUNDING 2.9 Complete the table below listing the amounts and funding sources for this project. State the status of your funding sources as follows: ■ Committed: funds are considered committed if a formal notice of approval for the funds is in place from the funding source. Local Revenue must be in an approved budget or be appropriated by your council or commission to be considered committed. Attach documentation such as copies of award letters, council appropriations, etc. ■ In-Hand: funds are considered in-hand if you have already received the funds. IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.8. The Project Funding table will become part of your contract. You are required to have full funding for your project (or project phase) by either having the funds in-hand or by showing that the funds are committed. IMPORTANT: All project funding is required before we can begin writing the contract. Status T •e of Fundin• Identif Source Amount (Committed or In-Hand State Grant Department of Commerce $225,040.00 Committed Other Funds (eg. State, Federal, Local, Grants, Private, Loans) Total Other: TOTAL PROJECT FUNDING (must match 2.8 Total Project $ Costs) CONTINGENCIES 2.10 Are there contingencies that could change your answers to any of the questions above? If so, please briefly explain. For example: Project description, site control, scope of work, financing, etc. PROJECTIONS 3.0 Please estimate how much of your award you plan to request during the upcoming quarters. This information is used for program budgeting purposes only and is not binding. Fiscal Year 2022 Q4 April 1 -June 30, 2022 Total Fiscal Year 2023 Q5 July 1 -September 30, 2022 Q6 October 1 - December 31, 2022 Q7 January 1 - March 31, 2023 Q8 April 1 —June 30, 2023 Total Fiscal Year 2024 Q1 July 1 - September 30, 2023 $225,040.00 Q2 October 1 - December 31, 2023 Q3 January 1 - March 31, 2024 Q4 April 1 —June 30, 2024 Total $225,040.00 Fiscal Year 2025 Q5 July 1 - September 30, 2024 Q6 October 1 - December 31, 2024 Q7 January 1 - March 31, 2025 Q8 April 1 —June 30, 2025 Total GRANTEE CERTIFICATION The Grantee certifies that: • The information and financial data provided in this document are true and correct to the best of their belief and knowledge and it is understood that Commerce staff may independently verify information, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds or termination of grant contract; • Records supporting the information provided in this document are on file and will be made available by the Grantee upon request; • There are no outstanding liens against this project; • There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described project; and • The Grantee intends to enter into a grant contract with the Department of Commerce, provided that the terms and conditions for a Department of Commerce grant are satisfactory to both parties. Signed: Name: Bob Harrison Title: City Manager- City of Yakima Phone Number: 509-575-6040 Date: (Q,` ( (il CITY CONTRACT NO� T :` 7 RESOLUTION NO:l 1- : c: •J`(')37 Eligible Costs Ineligible Costs Capital Budget funds may generally The following costs are not eligible be used to pay for the following for reimbursement under this project expenses. program: • design, architectural, and • internal administrative activities engineering work; and staffing costs; • building permits/fees; • mortgage or loan payments; • archeological/historical review; • project management (from • construction labor and materials; any source)****; • demolition/site preparation; • fundraising activities; • capitalized equipment; • feasibility studies; • information technology • computers or office equipment; infrastructure (cables and wiring); • rolling stock (such as vehicles); • construction management and • lease payments for rental of observation (from external equipment or facilities; sources only)*; • any maintenance or operating • initial furnishings**; costs; • landscaping; • property leases (including long- • real property when purchased term leases) specifically for the project, and • the moving of equipment, associated costs.*** furniture, etc., between facilities. * Construction management and observation is on-site management and/or supervision of the work site and workers thereon.This is an eligible project cost. Construction management does not include work typically performed by off-site consultants or consultant organizations,grant writers, project managers,or employees of the grantee, unless the employee is hired solely and specifically to perform on-site construction management as defined above and in accordance with the Office of Financial Management's 2017-2027 Capital Budget Instructions, Chapters 1.5 and 4.2. ** Furnishings and equipment are considered eligible project costs as long as the average useful life of the item purchased is 13 years or more. *** Costs directly associated with property acquisition include appraisal fees,title opinions, surveying fees, real estate fees, title transfer taxes, easements of record,and legal expenses. **** In no way shall funds be used to supplant or subsidize operating costs such as ordinary maintenance or administrative staff expenses Note: Please do not include operating costs in your project scope and budget. 41►. Washington State ' . Department of .► Commerce The LEED Certification Declaration Is Required of All Capital Budget Projects The 2005 Washington State Legislature or conditioned space; or passed a law that may require our grant recipients • facilities such as transmitter buildings; to comply with what has been termed"high- pumping stations; hospitals; research facilities performance"or"green"building standards primarily used for laboratory experimentation, (RCW 39.35D). research,or training in research methods; or The goal is for major construction or similar building types. renovation projects receiving state funds to be built to the LEED silver standard where "practicable." LEED(which stands for Exemption 2: Not practicable' Leadership in Energy and Environmental Design) We may exempt grantees who demonstrate is a certification program run by the U.S. Green that it would be"not practicable"for them to meet Building Council. the LEED silver standard. However, we are not According to the American Institute of permitted to offer this solely because of cost-or Architects,high-performance buildings are timing-related issues. If your project(or the phase cheaper to operate, save water and energy, and of the project you applied for)does not include improve worker performance. any construction or renovation of a building or These building principles offer the most facility, you may request this exemption. If you savings when incorporated early in the design are seeking a"not practicable"exemption, in the process. That's why we strongly encourage you declaration form you will need to provide a to talk with your architect as soon as possible. rationale for your request(your architect may be The first issue you may wish to explore is helpful here). whether your project is required to meet the LEED silver standard. The law offers two types of exemptions. Exemption 1: Facility types Four facility types are exempt: • acquisition-only projects; • new construction less than 5,000 gross square feet of occupied or conditioned space as defined by the Washington State Energy Code; • renovation projects whose costs are less than 50 percent of the facility's assessed value or are less than 5,000 gross square feet of occupied 4MA Washington State ins' . Department of 4. Commerce LEED Certification Declaration Capital Budget Grant Programs Directions: All recipients of state Capital Budget grants are required to fill out this form. Please type your responses in the electronic version of this form, and then have it signed by both your architect(if applicable)and the person who is authorized to sign contracts for your organization. Project Name: Yakima YMCA Park Development (Yakima) Organization: City of Yakima Date Submitted: STEP 1: Is your project an exempt facility type? 1.1 Does your project only involve a land acquisition and does not include any construction or renovation of a building or facility? If Yes,you are exempt and you may skip to Step 4 and sign the form. Yes❑ No® 1.2 Does your project involve construction or major renovations to a project that does not include a structure or building(i.e.water distribution,sewer collection or transportation system)? Yes❑ No 1.3 If your project is a new construction, is it less than 5,000 gross square feet of occupied or conditioned space12 Yes® No❑ If Yes,what is the square footage? 1.4 If your project is a renovation, is it less than 50 percent of the facility's assessed value2, or less than 5,000 gross square feet of occupied or conditioned space? Yes❑ No If Yes,what is the renovation total budget? $ What is the facility's assessed value? $ 1.5 Is your facility a transmitter building, pumping station, hospital,or research facility3? Yes❑ No Is it a similar building type? Yes® No❑ If Yes,describe: Restroom You are exempt if you answered Yes to ANY question in Step 1. If you are exempt,you may skip Steps 2 and 3,but please fill out Step 4 and sign the form. STEP 2: Is meeting the LEED silver standard 'not practicable'? The Department of Commerce may exempt state Capital Budget grant awardees who demonstrate that it would not be practicable for them to meet the LEED silver standard. We are not permitted to offer this exemption solely because of cost or time constraints, but we may if: 1 Gross square feet as defined by the Washington State Energy Code. 2 Assessed value includes the building and land. 3 Primarily used for sponsored laboratory experimentation, laboratory research,or laboratory training in research methods. Page 1 LEED Certification Declaration a. The project(or this phase of the project)does not involve the construction or renovation of a building or facility; b. A renovation is piecemeal in nature; and/or c. Unusual aspects of the building do not lend themselves to LEED standards. 2.1 Does your project(or this phase of the project)involve the construction or renovation of a building or facility? Yes ❑ No 2.2 Has design begun? Yes❑ No❑ If Yes,date design began: Percentage of pre-design or design complete. 0/0 Has construction begun? Yes❑ No❑ If Yes,date construction began: Percentage of construction complete: 2.3 Would you like to apply for this exemption? Yes❑ No ❑ If Yes, please explain why. STEP 3: Are you planning to enter the LEED process? 3.1 Have you already entered the LEED certification process? Yes❑ No❑ As of what date? 3.2 If you answered No to 3.1,were you planning to enter the LEED certification process? Yes❑ No❑ 3.3 If you are entering the LEED process,what standard are you attempting to reach? Certified ❑ Silver❑ Gold ❑ Platinum❑ STEP 4: Certification of LEED Declaration' Grantee Representative's Name: Robert Harrison Title: City Manager - r Signature: Date. fio it 31 ZU y3 Phone: 509-575-6040 Email: Bob.harrison@vakimawa.gov Organization: City of Yakima Mailing Address: 129 N. 2nd St.Yakima, WA 98901 Project Location(if different from above). 1900 S. 36th Ave.Yakima,WA 98902 Applicant Architect's Name: Title: Signature: Date. The Grantee and its architect, by the above signatures,certify that all of the information provided in this LEED Certification Declaration is accurate and complete to the best of their knowledge. The Grantee understands that The Department of Commerce staff may independently verify information provided,and that the discovery of incomplete,false,and/or misleading information is grounds for withholding awarded funds. Page 2 LEED Certification Declaration