Loading...
HomeMy WebLinkAboutR-1998-106 1998 Community Housing Development Organization (CHDO) ContractRESOLUTION NO. R-98-1 0 G A RESOLUTION approving an $80,000 grant request from 1998 federal HOME funds to Yakima Valley Partners, Habitat for Humanity for the purchase of four property lots within the City of Yakima, and authorizing and directing the City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Yakima Valley Partners, Habitat for Humanity. WHEREAS, the City of Yakima was a recipient of 1998 federal HOME funds which may be used, among other things, for Community Housing Development Organization Programs; and WHEREAS, at the November 18, 1997 meeting, the City Council considered and approved the One Year Plan and budget including $472,000 of HOME funds; and WHEREAS, Yakima Valley Partners, Habitat for Humanity is requesting a grant of $80,000 in HOME funds to purchase four property lots within the City of Yakima upon which to build four single-family residences; and WHEREAS, at a meeting on July 10, 1998, the City Council Neighborhood Development Committee recommended that the grant request be approved by the City Council but be made conditioned upon the following: • Purchase of the lots being closed within six months from the time all necessary grant documents are executed between the City and Yakima Valley Partners, Habitat for Humanity, and • Completion of construction of the four single-family residences upon the lots within one year from the time all necessary grant documents are executed between the City and Yakima Valley Partners, Habitat for Humanity; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the $80,000 grant request from Yakima Valley Partners, Habitat for Humanity for the purchase of four property lots within the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. A grant of $80,000 in HOME funds to Yakima Valley Partners, Habitat for Humanity for the purchase of four property lots within the City of Yakima upon which to build four single-family residences is hereby approved with the following conditions: (1k)res/habitat for humanity 2 -pm • Purchase of the lots being closed within six months from the time all necessary grant documents are executed between the City and Yakima Valley Partners, Habitat for Humanity, and • Completion of construction of the four single-family residences upon the lots within one year from the time all necessary grant documents are executed between the. City and Yakima Valley Partners, Habitat for Humanity; and • Execution of a formal grant agreement between the City of Yakima and Yakima Valley Partners, Habitat for Humanity. 2. The City Manager and the City Clerk are hereby authorized and directed to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Yakima Valley Partners, Habitat for Humanity. The final form of these documents shall be reviewed and approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this day of _J (,(/L 1998. ATTEST: City Clerk (1k)res/habitat for humanity 2 -pm hn Puccinelli, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:Yakima Valley Partners, Habitat for Humanity 2. Address: 2500 South 26th Avenue, Yakima, WA P. O. Box 9007, Yakima, WA 98909 3. Phone: (509) 453-8077 4. Contact Person: John Van Belle 5. Title of Service or Program being Funded: Purchase single-family lots 6.. Amount of Contract Award:$80,000.00 (HOME) 7. The term of this agreement shall commence upon execution hereof and shall terminate at 12:00 p.m., , unless sooner terminated by either party in accordance with Section XXIII or Section XXV 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: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement, work plan, and proof of insurance, all attached hereto as Exhibit "B" and incorporated herein by this reference; and 3) City of Yakima Resolution No. 98-106, 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 B, and satisfaction of all contract terms and conditions as stated in Exhibit "A" and Exhibit "C". This written document and incorporated exhibits constitutes the entire agreement between the parties. IN WITNESS THEREOF the parties have executed this contract as of the day and year ipdicated b Qw. i ATTEST.:' City Clerk Contract No. 98-98 ,/7ag"nature-or Contracting Organization Resolution No. R-98-106 Date 4rxr, Title 1 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 the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II SUB -GRANT A. NOTICE TO PROCEED No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (ONDS) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. AMOUNT OF GRANT The City hereby sub -grants to the Contracting Organization $80,000.00 for said project. III GENERAL BUDGET PROVISIONS The Contracting Organization 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 Contracting Organization or obligation of the Contracting Organization 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 on forms provided by the City of Yakima ONDS supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2. Determination by the City of Yakima ONDS that the 2 expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 "eligible costs under the HOME Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima ONDS a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10%) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (10%) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima ONDS. V BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims 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. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VII BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima ONDS to be surplus at the end of the project within the budget of this Contract will be subject to cancellation by the City of Yakima ONDS and may be negotiated if they are to be included in future contracts. VIII COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, 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 HOME Regulations and other policies and guidelines established by the City of Yakima ONDS. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 4 5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a 276a-5, and RCW Chapter 3-12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Age Discrimination Act of 1975 (24 CFR 146). 13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1) 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE (24 CFR 85.36(e)). 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. B. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. IX NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization 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 Contracting Organization 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. 6 X NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization 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 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 Contracting Organization 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 Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XI LICENSING AND PROGRAM STANDARDS The Contracting Organization 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. XII MONITORING AND ACCESS TO RECORDS A. Contracting Organization agrees that City may carry out monitoring and evaluation activities so as to ensure compliance by Contracting Organization with this Contracting Organization agreement, with the HOME Compliance Documents, and with all other laws, 7 regulations, and ordinances related to the performance hereof. Contracting Organization 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, Contracting Orgainization 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. Contracting Organization 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. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description, or Statement of Work. XIII 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. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization 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. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to provide project line item draw requests, annual verification of rents, annual audited financial statement to compare income and expenses, records, documents and accounting procedures which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the 8 "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima ONDS shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Department of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVI PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of HOME funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 9 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express approval of the City of Yakima ONDS. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima ONDS or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of RCW Chapter 62A. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima ONDS or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima ONDS or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. XVII 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 Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are 10 not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization 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. XVIII 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 Agreement. In the event the City is assessed a tax or assesssment as a result of this Agreement, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE All insurance checked below shall be required with an effective date preceeding the effective date of this contract. ® A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Agreement, the Contractor shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initiated by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 11 The Contractor shall also provide the City with a true and correct copy of the said insurance policy on or before the effective date of this agreement. ED B. AUTOMOBILE LIABILITY Contractor agrees to carry auto insurance for injuries and damages caused by contractor owned vehicle on the job site. Automobile liability: $1,000,000 combined single limit bodily injury and property damage. x❑ C. ❑ D. ® E. DIRECTORS AND OFFICERS LIABILITY INSURANCE The Contractor shall obtain Directors and Officers Liability insurance policy with a minimum limit of One Million Dollars ($1,000,000.00) and a maximum retention of Five Thousand Dollars ($5,000.00). On or before the effective date of this Agreement, the Contractor shall provide the City with a true and correct copy of said insurance policy. The definition of insured under said policy shall include the Contractor, its individual directors, officers, trustees, employees, and volunteers. Said policy shall have a retroactive date on or before the effective date of this Agreement. Coverage under said policy shall remain in full force and effect for a three (3) year period after the expiration/termination date of this Agreement with the same retroactive date either through renewal policies or "tail" coverage on the current policy. PERFORMANCE AND PAYMENT BOND A Performance Bond for 100% of the contract price to secure fulfillment of all of the contractor's obligations under this contract. FIDELITY BOND Employee Dishonesty coverage or a fidelity bond will be obtained in the amount of $80,000.00. The policy will cover claims resulting from employee theft of money associated with the performance of this contract. The policy will be written on a blanket basis covering all employees, or upon prior approval by the City, on those employees having access to funds. A copy of the policy will be furnished to the City. ❑ F. WORKERS' COMPENSATION The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of the contractors workers' compensation coverage will be furnished to the City. The contractor holds the City harmless for any injury or death to the contractor's employees while performing this contract. XXI INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization 12 expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXII HOLD HARMLESS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss 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 judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization 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 Contracting Organization 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 Contracting Organization 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 Contracting Organization 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: 13 The City of Yakima ONDS may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. 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, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or limited is so great that the City of Yakima OND 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 nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima ONDS agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization 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 agreement 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. CLOSE-OUT In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 14 1. Upon written request by the Contracting Organization, the City of Yakima shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization 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 close-out of this Contract, the City of Yakima ONDS retains the right to withhold a just and reasonable sum from the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXIV 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. XXV CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under 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 15 Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVI 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. XXVII RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Home Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. 16 XXVIII VENUE STIPULATION 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 greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXIX 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. XXX 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. XXXI PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Home funded program. 17 XXXIII RETURN OF HOME FUNDS The Contracting Organization shall return to the City all monies provided hereunder by the City to the Contracting Organization if any of the following occur: 1. The Contracting Organization materially changes the primary purpose and scope of the CHDO Project as described on Exhibit "B" to the contract; or 2. The Department of Housing & Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the subject of the CHDO Project described on Exhibit "B" to the Contract is sold or transferred in any way by the Contracting Organization. XXXIV PROJECT PROCEEDS HOME funds provided by the City of Yakima to the Contracting Organization shall be repaid to the city at no interest from project cash flow if and to the extent that annual net operating income to the Contracting Organization (after project operating expense and first lien debt service) exceeds ten (10) percent of the Contracting Organizations investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. 18 EXHIBIT B PROJECT NARRATIVE DESCRIPTION (use additional sheets if necessary) Project Narrative Description Purpose: To work towards the elimination of poverty housing in Yakuna. Specifically, this project will acquire 4 building sites in a variety of areas of the City to build for low- income families. Narrative: Yakima Valley Partners is an affiliate of Habitat for Humanity International. We will purchase four building sites and construct three or four bedroom single family homes Families will be involved in the actual design of their new home, and will share in the building process by providing a minimum of 500 hours per family working on the construction of their home or on the construction of other Habitat projects. Sites will be selected throughout the City, though east of 16th Avenue, to prevent against any stigma of being identified as a low-income family. Habitat for Humanity will provide training for these homeowners covering topics such as: personal finances, legal aspects of home ownership, and home maintenance The families will purchase the homes at the cost of acquisition and construction I labitat for 1-lumanity will carry 25 -year mortgages on the homes, at a 0% interest rate. Volunteers do 95% of all labor, resulting in a lower sale price for the homeowner. We charge no profit in the sale of the home. The homeowner is responsible for the full repayment of the actual costs of materials and overhead that go into the project. As the mortgage is repaid, funds revolve into the construction of new I labitat homes. Neighborhood Dev. HOME Invitation for Proposals 5/13/98 21 Cash bp Applicant Statement Yakima Valley Partners Habitat for Humanity will provide $168,000 00 for this project. Proposed construction cost per unit, based upon current practice, is as follows. ITEM Habitat Cost CHDO Monies Site 20,000 Construction 26,480 Supervision of construction 2400 Administration Overhead 3000 Permits and tools 3405 Professional (plumbing, electrical, etc.) 4215 Sewer Hookup 1 000 Fencing 1500 TOTAL 42,000 20,000 The monies provided by CHDO will be used for acquisition of lots for construction within the targeted area. The remaining monies will be provided by Habitat for Humanity. Based upon past experience, we expect 7,916 00 per site to be donated by out -of -area work camps; 9,900.00 per site from extant mortgage payments, 8,750.00 per site from direct project support; 14,000.00 per site from foundations and grants; and 1,666.00 per site from individual donations. These amounts do not factor in figures for volunteer labor, nor in-kind donations. • Habitat for Humanity carries a "silent second mortgage" on the property. The primary mortgage is for the actual cost f the home, and is carried for 25 years at 0% interest. The "silent second" mortgage is for the appraised value of the home. This mortgage is payable only in the event that the family is allowed to sell the home at market value prior to the actual cost being paid. John V Exec Belle ive Director PROJECT FINANCIAL INFORMATION 10. PROTECT FINANCING: Total Cost $ 293,000.00 CHDO request $ 80,000.00 Other financing $ 213,000.00 CHDO request as % of total cost 27.3 % Total cost/unit $ 73,250.00 CHDO cost/unit $ 20,000.00 CHDO request from the City: Loan: 0 Grant: 80,000.00 Funds to be returned to the Source of loan: n/a City: Yes No x n/a If yes, amount to be returned to the City: $ or $ per unit n/a 11. NON-CHDO FINANCING TERMS: Total amount: $ 213,000.00 Cash by applicant: (provide signed commitment of funds, with statement of source) $ 168,000.00 Loan amount: Interest rate: Term: $ n/ a $ years Source of loan: n/a Commitment status: n/a Source of funds contact person: n/a Telephone number: n/a Grant amount: $ 45,000.00 Source of grant: Donatefl labor; in-house write-off of 1-ypical mark-up_ Commitment status: Guaranteed. Source of funds contact person: John Van Belle Neighborhood Dev. HOME Invitation for Proposals 5/13/98 16 PROJECT COSTS (1) (1) Please note: The above analysis does not include operating funds. Neighborhood Dev. HOME Invitation for Proposals 5/13/98 17 TOTAL COST COST/UNIT ACQUISITION: Land 80,000.00 20,000.00 Land and Existing building Title and Recording Other (specify) HARD COST: Demolition Site Work Rehabilitation Construction 166,400.00 41,600.00 Other (specify) RELOCATION: SOFT COSTS: Legal Fees Survey Architect Design Fee Architect Inspection Fee Engineering Fees Appraiser 1,600.00 400.00 Accounting Other Professional Fees Insurance Marketing FINANCING COSTS: Credit Report Loan Origination Fee Points Legal Other (specify) RESERVES: Rent Up Reserve Operation Reserve Maintenance Reserve Replacement Reserve DEVELOPER FEES: 45, 000.00 11,250.00 TOTAL PROJECT COST: 293,00.00 73,250.00 (1) Please note: The above analysis does not include operating funds. Neighborhood Dev. HOME Invitation for Proposals 5/13/98 17 Income: Sales price per unit # of Units: 4 CASH FLOW SALES PROJECTS $ 52,000.00 Gross Income: $ 208,000.00 Expenses: Marketing Financing Other (specify) Total Expenses: Net income for sales $ $ $_293,000.00 $ (85,000.00) Proposed Terms of Sale to First Time Homebuyer: (loan, grant, forgivable loan, combination, interest rate loan, term of loan) Homebuyer purchases home at cost; financed for 25 years at 0%. If CHDO funding will be transferred to First Time Homebuyer as a loan: Annual Income from CHDO Loans: $ 0 (include both interest and principal) Proposed use of Annual Income from Loans: (add extra pages if required) All mortgage income is revolved into new home construction. Services in Addition to Housing: (add extra pages if required) Describe the services in addition to housing, to be provided to project residents by the CHDO: See next page. Neighborhood Dev. HOME Invitation for Proposals 5/13/98 18 Services in Addition to Housing Families are required to attend a series of homeowner workshops that cover such topics as: • Personal finance • Legal aspects of home ownership • Home maintenance Additionally, families are required to partner with Yakima Valley Partners by providing a minimum of 500 hours of labor on their home, or on other Habitat for Humanity projects. Family nurturing is provided through local committees, and families are also partnered with mentor families, who are available for personal support. Families are further encouraged to become part of the greater community by involvement with projects such as the Clean-Up/Green-Up Day. Individual counseling is provided in areas such as delaing with physical handicaps, gang intervention, etc. ACTION: Site: Option Acquisition Non-CHDO Financing: Application Conditional Commitment Firm Commitment Design: Selection of Architect Preliminary Designs Final Designs Bidding: Advertise Open Bids Award Bid Construction: Begin Construction Complete Construction Rent Up/Sell Neighborhood Dev. HOME Invitation for Proposals 5/13/98 PROJECT SCHEDULE Target Date in Months from Project Approval: As sites are identified. 3 mo. after option. n/a Completed 5 mo. after acquisition in consultation w/ family_. n/a -- Habitat is contractor. 6 months after acquistion. 12 mo. after acquisition. 12 mn_ afc_auisition. 20 PROJECT DEVELOPMENT TEAM The following companies or individuals constitute the development team. Where individual members have not yet been identified, the City must be notified as they are selected. Staff contact person: John Van Belle Consultant: none Attorney: none Architect: n/a Engineer: n/a Appraiser: Other financial sources: n/a Other (specify): n/a Neighborhood Dev HOME Invitation for Proposals 5/13/98 22 CERTIFICATION 1 hereby certify that the statements are tr e; that 1 am authorized sign this application. 1 hereby certify above ...uw..,....w ». .. ....... ...--- - ------"------- to . and to make these statements, on behalf of the applicant organization; and f that the organization understands that misrepresentation of any facts which lead to the improper allocation and expenditure of public funds may result in legal action against the organization for retrieval of any such funds and appropriate penalties. Zo1 r Van Name: (typed or printed) e €c-4)t— Title: (President, Secretary, etc.) r� k i rna t.aim (- c"t mrs I -t a Name of Organizatidi vh� �t 19.R- -� Date 7 5/12198 _nry Beauchamp Yakima Valley O.I.C. Executive Director Frank Forrest Spokane Building Trades Council Executive Secretary BUILDING TRADES AND JOB OPPORTUNITIES PROJECT March 20, 1997 Dear Reviewer: We wish to thank Yakima Valley Partners Habitat for Humanity for the outstanding cooperation with our Building Trades and Job Opportunities Project. We are working with dislocated workers in Yakima. Our goal is to enable them to obtain high wage construction apprenticeships and a part of that is educating them to the realities and expectations of the workplace. Habitat personnel have been responsive and more than willing to form a partnership to enable us to serve the community and our students. The collaboration between our organizations has been nothing short of amazing. This organization has people as its first priority, just as Yakima Valley Opportunities Industrialization Center (YVOIC). We would recommend them to any organization considering funding one or more of their outstanding projects. This group is professional, thorough, and dependable. Their willingness to work with us to accommodate the learning needs of project participants is invaluable. Please feel free to call our project Case Manager, Jacqueline Meyer, at 457-2933 if you have specific questions. Sincerely, ll eauchamp, Execu" ector Meyer, Case Manager ADMINISTRATIVE OFFICE • 815 Fruitvale Boulevard • Yakima, WA 98902 • (509) 248-6751 • Fax: (509) 575-0482 r Yakima Pre -Apprenticeship Center 815 Fruitvale Boulevard Yakima, WA 98902 Spokane Pre -Apprenticeship Center 9922 Montgomery Avenue Spokane, WA 99206 FROM THE DESK OF STkTE REPRESENT VE 15m Dlsiicr TTl l TTr1% •rT`l1T1Tl .)Lm l ONE I I`Oilli o Whom It May Concern: CtatP of Washington Hew! CP , f s ar ca.s �. oss Representatives April 1, 1997 REPRESENT! N.(. KLICKITAT COUNTY AND PARTS OF BENTON, SKAMANIA AND YAKIMA COUNTIES I am writing in support of Yakima Valley Partners Habitat for Humanity. I have experienced first hand the effectiveness of this organization in providing housing for theca truly in need This organization provides both hope and help. Having worked on their homes and serving as a board member of the Lower Valley Chapter I can honestly say that this organization will provide the popular public-private partnership for housing while doing so with the least possible overhead. I know of no other organization which will provide quality housing at the least possible cost. While l have not been able to continue serving Habitat for Humanity my wife serves on the board. I mention this only to emphasize the point that we think so highly of the organization that we continue to support it both financially and with our time. I strongly recommend this organization as one deserving any support and assistance that you may be able to provide them. Sincerely, / Honeyfitrd LEGISLATIVE ADDRESS: PO BOX 40600, OLYMPIA, WA 98504.0600 • (360) 7867960 HOME ADDRESS: 2361 SCOON ROAD, SUNNYSIDE, WA 989449777 • (509) 839-3527 Not printed at Cneernrnent F_rpense VA UK 11 11VZ ©©1? CO ALEniu(VI %[r ufbo Sao a rM 3 107 So. SIXTH YAKIMA, WA 98901 (509) 457-4475 U11c 4, 1998 John Van Belle Yakima Valley Partners 1.abctat for Humanity P.O. 9007 Yakima, WA 98909 Dear Mr. Van Belle; It gives me great pleasure to support the application of Yakima Valley Partners -- Habitat for Humanity, to be certified as a Community Housing Development Organization for Yakima. As an organization that works with homeless families, we encounter every day, examples of the immense need in our community. Your organization has a well deserved reputation for creating housing opportunities for the lowest income residents of our valley. When we have had the opportunity to work with your organization we have found it to be responsive to community concerns, and an effective partner in addressing the critical need for affordable housing for low and very low income individuals and families. The Yakima County Coalition for the Homeless has been working with homeless families in the Yakima Valley since 1985. We look forward to continuing to work together to address the problem of homelessness. I have every confidence that CHDO status will allow you td be even more successful in helping needy families in the Yakima Valley realize the dream of home ownership. Please accept our full support and endorsement . Sincerely, Phoebe Nelson Executive Director • •d rL)iI YAKIMA VALLEY PARTNERS June 2, 1998 From John Van Belle Executive Director Habitat for Humanity Building houses in partnership with God's people in need Regarding Resolution #7-1998 Author zat,on to Apply for CHDO Certification WHEREAS. Yakima Valley Partners / Habitat for Humanity is a not for profit housing provider who builds new, decent, and affordable housing in partnership with God's people in need of adequate shelter; WHEREAS. The Covenant of Habitat for Humanity International permits affiliates to accept government funds for infrastructure and land acquisition, WHEREAS The City of Yakima and Yakima Valley Partners / Habitat for Humanity have a long history of partnership in providing affordable building sites for low- income families, And WHEREAS. Yakima Valley Partners / Habitat for Humanity serves persons with income at or below 50% of the median income, THEREFORE Be it resolved that the YVP/HFH Board of Directors, on this % day of ij -.e , 1998 authorizes the affiliate to apply for certification as a Community Housing Development Organization (CHDO) and to seek funds for land acquisition. Board President Mailing Address: P.G. Box 9007 • Yakima, Washington 98909 • Tel. (509) 45398077 Greater Yakma Chamber of Commerce June 1, 1998 Bill Cook, Manager Neighborhood Housing Services City of Yakima 128 North 2nd St. Yakima WA 98901 Post Office Box 1490 — 10 North 9th Street Yakima, Washington 98907 (509) 248-2021 Dear Mr, Cook, We would like to express our strong support to the Habitat For Humanity efforts in the Greater Yakima Area. They have established a strong bond with many people in the area and, at the same time, created new living quarters for many in need. ieir projects have enhanced many areas which were in need of uplift. They have built self esteem ,r several of our residents and have elevated the feeling of sharing through the many volunteers who have joined in their efforts over the years. We hope you will give them strong consideration for funding which may meet your criteria. Sinberelv,� teary W.,(Nebster President / CEO Greater Yakima Chamber of Commerce cc: file Yakima all -America City 1 1994 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: 1 1 T For Meeting of: July 21, 1998 ITEM TITLE: 1998 Community Housing Development Organization (CHDO) Contract SUBMITTED BY: Glenn Rice, Assistant City Manager, Acting Director of Community and Economic Development CONTACT PERSON/PHbNE: William Cook, Manager, Neighborhood Development Services (575-6101) SUMMARY EXPLANATION: Community Housing Development Organizations (CHDO's) are entitled to 15% of a jurisdiction's allocated federal HOME monies. HOME Program funds may be used for housing development, sponsored and/or owned by the CHDO. Eligible activities include predevelopment costs and the acquisition, rehabilitation and new construction of rental housing, homeownership and renter assistance. The Yakima Valley Partners, Habitat for Humanity, a new CHDO, is requesting a grant of $80.000 of CHDO funds to purchase four buildable single-family lots within the City of Yakima. This proposal was discussed at a meeting of the City Council's Neighborhood Development Committee on Friday, July 10, 1998 with a recommendation that Council approve this contract contingent upon 1) closing of these lots be within six months of contract signing, and 2) completion of four new homes within one year from contract signing. Any extensions of time will require approval of City Council. Approval of this resolution will authorize and direct the City Manager to execute a contract with Yakima Valley Partners, Habitat for Humanity, which will include a project description, work plan with identification of funding sources, and the above contingencies. Resolution X Ordinance Contract Other Specify Funding Source: HOME CHDO Funds APPROVAL FOR SUBMITTAL: 7-'4 City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: The City Council Neighborhood Development Committee recommends approval (with 2 conditions) COUNCIL ACTION: