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HomeMy WebLinkAboutR-2022-130 Resolution authorizing grant agreement acceptance from the Department of Commerce through the Connecting Housing to Infrastructure Program (CHIP) to the City of Yakima for the Yakima Housing Authority "Fruitvale Housing" project for system deveA RESOLUTION RESOLUTION NO. R-2022-130 accepting $299,771.00 through the Connecting Housing to Infrastructure Program (CHIP) to be administered by the City of Yakima's Community Development Department. WHEREAS, the City of Yakima was granted a total of $299,771.00 from the Connecting Housing to Infrastructure Program (CHIP) to financially assist Yakima Housing Authority in its construction of affordable housing; and WHEREAS, with this grant funding, Yakima Housing Authority will pay for sewer and water system development charges for its new affordable housing project; and WHEREAS, the grant contract provides funding for utility system development charges; and WHEREAS, the City Council must accept the grants' terms and conditions and approve the Grant Agreements to obtain the funding to assist Yakima Housing Authority; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and residents to accept the $299,771.00 in grants from the Washington State Department of Commerce, and authorizes the City Manager to enter into a Grant Agreement with the Washington State Department of Commerce to financially assist the Yakima Housing Authority Project; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Council approves the Capital Agreement with City of Yakima through Connecting Housing to Infrastructure Program (CHIP) using State Capital Funds, contract number 22-96720-015, in the amount of $299,771.00 for system development charges, and authorizes the City Manager, or their designee, to execute and administer such Agreement with the Washington State Department of Commerce, and to execute and administer all applicable documents and agreements pursuant to such grant. 2. The City Manager is authorized to sign and/or execute any other documents necessary to fulfill the requirements and intent of the agreement with the Department of Commerce. ADOPTED BY THE CITY COUNCIL this 209h day o September, Janice Decci• Mayor ATTEST: Sonya Iaar Tee, City Cler IJUI.UJIIyII CI IVCIUIJC IL) LOULJOI.. I-OOUI,-YJI, I-OUVIJ I4'IJJ Uf1JOJ I l•U 010A Washington State %►F Commerce Capital Agreement with City of Yakima through the Connecting Housing to Infrastructure Program (CHIP) using State Capital Funds Purpose: To support the construction of affordable housing by reimbursing the City for waived system development charges for the Fruitvale Housing Phase 2 project Start date: July 1, 2021 LJUI.UJIyI I CI IVCIUpa Ill. LOULJVL. I-ODLIC-YJC I -D U-YJIJUU?%J( IliU THIS PAGE INTENTIONALLY LEFT BLANK L/U1.UJIlj 11 CI IVCIU1JC IIJ. LOULJUL II-1JU U-YJIJUU/1JUJ I l.0 TABLE OF CONTENTS Face Sheet 1 Special Terms and Conditions 2 1. Contract Management 2 2. Compensation 2 3. Billing Procedures and Payment 2 4. Subcontractor Data Collection 3 5. Historical or Cultural Artifacts 3 6. Insurance 3 7. Order of Precedence 4 General Terms and Conditions 5 1. Definitions 5 2. Allowable Costs 5 3. All Writings Contained Herein 5 4. Amendments 5 5. Americans with Disabilities Act (ADA) 5 6. Approval 5 7. Assignment 5 8. Attorney's Fees 5 9. Code Requirements 6 10. Confidentiality/Safeguarding of Information 6 11. Conformance 6 12. Conflict of Interest 6 13. Copyright 7 14. Disallowed Costs 7 15. Disputes 7 16. Duplicate Payment 8 17. Governing Law and Venue 8 18. Indemnification 8 19. Independent Capacity of the Contractor 8 20. Industrial Insurance Coverage 8 21. Laws 9 22. Licensing, Accreditation and Registration 9 23. Limitation of Authority 9 24. Local Public Transportation Coordination 9 25. Noncompliance With Nondiscrimination Laws 9 26. Pay Equity 9 27. Political Activities 10 28. Prevailing Wage Law 10 29. Prohibition Against Payment of Bonus or Commission 10 30. Publicity 10 31. Recapture 10 32. Records Maintenance 10 33. Registration With Department of Revenue 10 34. Right of Inspection 11 IJOI.OJIy II CI I VCIOpC IV. GOJGJUL, I-OOOI,-YJL, 1-OvJV-YJL/JOl1JUJ 1 uu 35. Savings 11 36. Severability 11 37. Subcontracting 11 38. Survival 11 39. Taxes 11 40. Termination for Cause 11 41. Termination for Convenience 12 42. Termination Procedures 12 43. Treatment of Assets 13 44. Waiver 13 Attachment A, Scope of Work Attachment B, Budget ii UULA.101y11 CI I VelUpe ILl. GOUGJUI. I-ODUl.-4J ., I-OUVIJ-4.7L0:JUP' )U I laU FACE SHEET Contract Number: 22-96720-015 Washington State Department of Commerce Local Government Division, Growth Management Unit Connecting Housing to Infrastructure Program (CHIP) 1. Contractor City of Yakima 129 North Second Street Yakima, WA 98901 2. Contractor Project Address Fruitvale Housing Project Phase 2 810 North Sixth Avenue Yakima, WA 98902 3. Contractor Representative Joan Davenport Director of Community Development 509 576-6417 joan.davenport@yakimawa.gov 4. COMMERCE Representative Eric Guida 1011 Plum St SE Senior Planner Olympia, WA 98504-2525 (360)725-3044 eric.guida@commerce.wa.gov 5. Contract Amount $299,771 6. Funding Source Federal: ❑ State: Other: ❑ N/A: ❑ 7. Start Date July 1, 2021 8. End Date June 30, 2023 9. Federal Funds (as applicable) 10. Federal Agency CFDA Number: NA NA NA 10.TaxID# 11.SWV# 007122-02 12.UBI# 395-005-272 13.DUNS # 07-8212651 14. Contract Purpose To support the construction of affordable housing by reimbursing the City for waived system development charges for the Fruitvale Housing Phase 2 project. COMMERCE, defined as the Department of Commerce and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, and Attachment "B" — Budget. FOR CONTRACTOR /—DocuSigneddby: MAXI" NrirtSOK, FOR COMMERCE DocuSigned by: ilitzt4{ t3tw i Bob arnson, City Manager 9/26/2022 1 3:18 PM PDT ar&'ladt110,8Assistant Director, Local Government Division 9/26/2022 1 8:32 PM PDT Date CITY CONTRACT NO2C 2 2- 1 CQ?i. Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE RESOLUTION NOR' av a �' 136 Last revision 10/13/2020 1 IJul.uolyll Li I VCIl/pe IV LOJLJUI.I-O0VI.-'4Jl. I-OJUu-YJLl UIJI JUU II.� SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 1. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 2. COMPENSATION COMMERCE shall pay an amount not to exceed two -hundred -ninety-nine thousand seven - hundred -seventy-one dollars ($299,771) for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 22- 96720-015 If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Eligible expenses are those incurred beginning on May 18, 2021, through June 30, 2023. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grantees must invoice for all expenses by June 17, 2023. The parties understand and agree that any state funds not expended by June 30, 2023, will lapse on that date unless specifically reappropriated by the Washington State Legislature If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date The grantee must invoice for all expenses from the beginning of the contract through June 30, 2023, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 2 LJUI.UJIyI I CI I VCIUpC ILJ. LO:JLJUI.. I-000I'—YJI. I—OJJU-4JLJ:JUfAJUJ IIoJ SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 4. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 5. HISTORICAL OR CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall complete the requirements of Governor's Executive Order 05-05, where applicable, or Contractor shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05. In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be required to re -comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 6. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 3 IJUI.UJIy II CI IVCI0pC IL) LOULJUI. 1 00%.A.-4+Jl.. I - OJ'U-YULlUUP1JUU I VU SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget 4 VULUJIIyI I GI I VCIUpe IV. LOULJVI., 1-ODUL.-+.)L, I-G.7.7U-Y.7l./UWAJVJ IleJ GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 3. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 6. APPROVAL This contract shall be subject to the written approval of COMMERCE's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. 5 LJu(.0 JIy11 C IIveiupc IL/ LOULJUI. II-O.7.7 u-• CL UUP )OIl,J GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 9. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE, ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE, and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42 23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the Connecting Housing to Infrastructure Program (CHIP) including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date If 6 VUI.UJIyII G IIVCIUpc IL). LOJLJUI, I-OJUI.-YJIJ 1- DJJU-NJVJ U/1JUJ I l,.J GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE 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 COMMERCE 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 COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 13. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 15. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. 7 LJUL.UOIIy I I CI IVCIUIIC IL./ LOJLJUIe I-QUA/Le-Yale I-O3OU..YC LJJU/1JU.71 LeU GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 16. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 17. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County 18. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, for, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 19. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 20. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services This provision does not waive any of L&I's rights to collect from the Contractor. 8 LJUL.UJIyII GI I VCIUFJC ILJ. LOULJUI..I-000lJ-4 JL. I-Oy9U-4ULJJUMJ0.711..J GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 21. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 22. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 23. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 24. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant. 26. PAY EQUITY The Contractor agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job -related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender -based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender -based differential; and account for the entire differential. This Contract may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Contractor is not in compliance with this provision. 9 IJUI.OJIy II CI Iveiupe IV. LOJLJVV I-OOI-IC-YJIi I-OJJO-YJ IJJUP1JOJ I I.J GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 27. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 28. PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39 12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE's review upon request. 29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 30. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 31. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this contract. 32. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 33. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 10 VUI.UOlyI I CI I VCIUpe IV. LOULJUl..I-017UIiWJI.. I-O'DU-4yV:l 1J/1J0.711..7 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 34. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 35. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 36. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 37. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. COMMERCE approves Yakima Housing Authority, the developer, as a subcontractor under this Contract through the application and award process. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 38. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 39. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 40. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need 11 VULUJIIyII CI IVCIU4.JC IV L OJGJOL.I-OOUIJ-YJIi I-O"U-Y' IJUUJIJU' I l'J GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law 41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination 42. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall. A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated, C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 12 LJUUUOILyII CI IVCIUpe ILJ. G O:-IGJUL. I-OCV'., Y,Il, I -CM Ull-,FULJ:J1J /YJUU IIiJ GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 43. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 44. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 13 LJUI.UJIIy I I GI I VCILIIJC IL!. GOJG JUL. 1-OOUl,-4Jl.r I-O.7.7U-4DLJJur1JOJ 1L,J Attachment A Scope of Work Reimburse $299,771 in waived system development charges for Phase 2 of the Fruitvale Housing Project, a new affordable housing project that serves and benefits low-income households, according to the Budget, Attachment B, below. Source of Funds Based on the criteria within the state capital budget, SSB 1080 Sec 1074, (Laws of 2021) and criteria developed by Commerce to ensure the terms of the appropriation are met, all grants must meet the following criteria: • Applicant must be a city, county or public utility district, applying in coordination with the developer of a multi -unit affordable housing project, located within a jurisdiction that imposed a sales and use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B), 82.14.540, or 84.52.105. • For system development charge waiver reimbursement, jurisdictions must have an adopted fee waiver program, and documentation that the fees have been waived for the affordable housing units by each provider for water, sewer, and stormwater, in accordance with the budget. • The utility project must serve new multi -unit affordable housing projects that serve and benefit low-income households.2 If the project is a mixed -income project, the affordable portion of the development must be at least 25%. CHIP funds can pay for the system development charges for the affordable units. • The affordable housing project should be part of a program that will monitor affordability for a minimum of 25 years, such as the Housing Trust Fund, low-income housing tax credits, housing authority, or a city monitoring process. A covenant and/or note and deed of trust may be required as part of securitization to ensure affordability. 1 "Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental occupancy which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. In the context of homeownership, the definition from the Housing Trust Fund Handbook applies (Section 701.7): "affordability occurs when a household's monthly housing costs are generally no more than 38 percent of monthly household income and total debt is no more than 45 percent of monthly household income. Housing costs include mortgage principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease fees, as applicable. Total debt includes other debt and utilities." 2 "Low-income household" has the same definition as in RCW 43.185.010(6), and means a single person, family or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the project is located. 14 IJu1.u.ly11 GIIVCIVFIC IL) LOJLJOI. I -OOL 1,1 %.• 1-OUVIJW.7l UUt•JOC I%.J Attachment B Budget Waived System Development Charges for Water City of Yakima $178,385 Waived System Development Charges for Sewer City of Yakima $121,386 Waived System Development Charges for Stormwater NA $ 0 Total Waived System Development Charges $299,771 15 DocuSign Certificate Of Completion Envelope Id: 285236C18B0C43C1B99049D50A3691C9 Subject: Please DocuSign: COM 22-96720-015 Yakima Fruitvale CHIP SDC Contract Final.pdf Division: Local Government Program: CHIP ContractNumber: 22-96720-015 DocumentType: Contract Source Envelope: Document Pages. 19 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status Original 9/26/2022 11:09:23 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Robert Harrison sy.ruiz@yakimawa.gov Security Level Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2022 3:17:56 PM ID: b293e654-d03e-4f45-b35e-9aac91797ace Mark Barkley mark.barkley@commerce.wa.gov Assistant Director Washington State Department of Commerce Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Signatures: 2 Initials. 0 Holder. Ashley Murphy ashley.murphy@commerce.wa.gov Pool: StateLocal Pool. Washington State Department of Commerce Signature -DocuSigned by �°OjOf Yf Rarnsow '-C9813C0F78054A4 Signature Adoption Pre -selected Style Using IP Address: 205.172.45.253 ,---DocuSigned by \--80312B04865C458 Signature Adoption: Pre -selected Style Using IP Address: 71.161.78.150 Signed using mobile Signature Status Status Status Status Status Status: Completed Envelope Onginator: Ashley Murphy 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 ashley.murphy@commerce.wa.gov IP Address 147 55 134 92 Location: DocuSign Location: DocuSign Timestamp Sent: 9/26/2022 11.13:54 AM Viewed 9/26/2022 3:17:56 PM Signed: 9/26/2022 3:18:33 PM Sent: 9/26/2022 3:18:35 PM Viewed: 9/26/2022 8:31:52 PM Signed: 9/26/2022 8:32:06 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Carbon Copy Events Dave Andersen dave.andersen@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Paul Johnson paul.johnson@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events Status r COPIED COPIED Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status Electronic Record and Signature Disclosure Timestamp Sent: 9/26/2022 8:32:08 PM Sent: 9/26/2022 8:32:09 PM Timestamp Timestamp Timestamps 9/26/2022 11:13:54 AM 9/26/2022 8:31:52 PM 9/26/2022 8:32:06 PM 9/26/2022 8:32:09 PM Timestamps CICL.LI UIIIL. r\GlAJIU d11U JILyl Id LUIG LJIJLAUJUIG LACdLCU UI1. U/ 1 I/GUGU Y.YY. IG my! Parties agreed to: Robert Harrison ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.K. For Meeting of: September 20, 2022 ITEM TITLE: Resolution authorizing grant agreement acceptance from the Department of Commerce through the Connecting Housing to Infrastructure Program (CHIP) to the City of Yakima for the Yakima Housing Authority "Fruitvale Housing" project for system development charges SUBMITTED BY: Sy Ruiz, Grant Writer Joan Davenport, Al CP, Community Development Director SUMMARY EXPLANATION: The Connecting Housing to Infrastructure Program (CHIP) grant provides $299,771 to the City of Yakima to financially assist the Yakima Housing Authority (YHA) by covering sewer and water system development charges for their new affordable housing project. YHA will develop 23 studio units, 23 one -bedroom, and eight two -bedroom units. Of these 54 total apartments, 22 units will target 60% of the Area Median Income (AMI), five will target 40% AMI , and 27 units will target 30% AMI. The system development grant contract is funded through the State Building Construction Account. ITEM BUDGETED: STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 0 ResoldortCHIPYHA 9/8/2022 Resoldon D Contract_SDCCHIP_FakvaleHousing 9/9/2022 Contract IJUI.uolyII GIIVCIUIJC IL).LJJIJOU00-r,/11-YCG.7-00L.,/,-/ I OLJUOUG/f f.J rmendment Washington State Contract Number:22-96720-015 0 Department of Amendment Number: 1 Commerce Washington State Department of Commerce Local Government Division,Growth Management Unit Connecting Housing to Infrastructure Program(CHIP) 1.Contractor 2.Contractor Project Address City of Yakima Fruitvale Housing Project Phase 2 129 North Second Street 810 North Sixth Avenue Yakima, WA 98901 Yakima,WA 98902 3.Contractor Representative(only if updated) 4.COMMERCE Representative(only if updated) Joan Davenport Mischa Venables 1011 Plum St SE Director of Community Development CHIP Project Manager Olympia, WA 509 576-6417 (360)725-3088 98504-2525 ioan.davenport@vakimawa.gov Mischa venablescommerce.wa qov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $299,771 No change $299,771 8.Amendment Funding Source 9. Amendment Start Date 10.Amendment End Date Federal: State:x Other: N/A: July 1,2023 June 30,2025 11. Federal Funds(as applicable): Federal Agency: ALN: N/A N/A 12.Amendment Purpose: Due to state legislature re-appropriation,the funds for this contract have been re-appropriated from the 2021-23 biennium to the 2023-25 biennium. This amendment changes the End Date to June 30,2025. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above.The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract" shall mean the"Contract as Amended". ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT FOR CONTRACTOR FOR COMMERCE 5ocuSigned by. DocuSigned by. D 111A, V )MJ .foVf fjav:��Ntav'� B6122BC2DDBA49B 80312B04865C458 Joan Davenport,Director of Community Development Mark K. Barkley,Assistant Director City of Yakima Local Government Division 1/12/2024 i 3:28 PM PST 1/17/2024 I 10:03 AM PST Date Date CITY CONTRACT NO: APPROVED AS TO FORM ONLY RESOLUTION NO: Sandra Adix Assistant Attorney General 3/20/2014 Date