HomeMy WebLinkAboutR-2024-084 Resolution authorizing acceptance of a grant from the Department of Commerce under the Connecting Housing to Infrastructure Program (CHIP)for the "Yakima Housing Authority" project for system development charges and utility infrastructure Progr RESOLUTION NO. R-2024-084
A RESOLUTION authorizing an agreement with the Washington State Department of
Commerce 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 $658,462.00 from the Connecting
Housing to Infrastructure Program (CHIP) to financially assist Yakima Housing Authority in its
construction of permanent supportive housing; and
WHEREAS, with this grant funding, the City of Yakima anticipates entering into a contract
with Yakima Housing Authority to pay for sewer, water, stormwater improvements, and system
development charges for its new permanent supportive housing project; and
WHEREAS, the grant contract provides funding for utility system development charges
and utility infrastructure improvements; and
WHEREAS, the City Council must accept the grant terms and conditions and approve the
Grant Agreement 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
its residents to accept the $658,462.00 grant from the Washington State Department of
Commerce, and authorizes the City Manager to enter into the Grant Agreement with the
Washington State Department of Commerce to financially assist the Yakima Housing Authority;
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 24-
96722-108, in the amount of $658,462.00 for system development charges and utility
infrastructure improvements, 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 7th day of May, 2024.
f j , / Patricia Byers,;tvlayor
ATTEST: (:10)osalinda Ibarra, City Clerk gSf11NG
Capital Agreement with
City of Yakima
through
Connecting Housing to Infrastructure Program (CHIP)
using State Capital Funds
Contract Number:
24-96722-108
For
To support the development of affordable housing by paying for the
construction of utility infrastructure improvements and
reimbursement of waived system development for the Yakima
Housing Authority project
Dated: Saturday, July 1, 2023
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 2 of 20
Table of Contents
FACE SHEET ............................................................................................................................................................ 4
SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 5
1. CONTRACT MANAGEMENT ............................................................................................................................. 5
2. COMPENSATION .............................................................................................................................................. 5
3. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 5
4. SUBCONTRACTOR DATA COLLECTION ............................................................................................................. 6
5. HISTORICAL OR CULTURAL ARTIFACTS ............................................................................................................ 6
6. INSURANCE ...................................................................................................................................................... 7
7. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 7
8. ORDER OF PRECEDENCE .................................................................................................................................. 7
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 8
1. DEFINITIONS .................................................................................................................................................... 8
2. ALLOWABLE COSTS .......................................................................................................................................... 8
3. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 8
4. AMENDMENTS ................................................................................................................................................ 8
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28
CFR PART 35 ............................................................................................................................................................... 8
6. APPROVAL ....................................................................................................................................................... 9
7. ASSIGNMENT ................................................................................................................................................... 9
8. ATTORNEYS’ FEES ............................................................................................................................................ 9
9. CODE REQUIREMENTS ..................................................................................................................................... 9
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION................................................................................... 9
11. CONFORMANCE .............................................................................................................................................. 9
12. CONFLICT OF INTEREST .................................................................................................................................. 10
13. COPYRIGHT .................................................................................................................................................... 10
14. DISALLOWED COSTS ...................................................................................................................................... 10
15. DISPUTES ....................................................................................................................................................... 11
16. DUPLICATE PAYMENT .................................................................................................................................... 11
17. GOVERNING LAW AND VENUE ...................................................................................................................... 11
18. INDEMNIFICATION ........................................................................................................................................ 11
19. INDEPENDENT CAPACITY OF THE CONTRACTOR ........................................................................................... 12
20. INDUSTRIAL INSURANCE COVERAGE ............................................................................................................. 12
21. LAWS ............................................................................................................................................................. 12
22. LICENSING, ACCREDITATION AND REGISTRATION ......................................................................................... 12
23. LIMITATION OF AUTHORITY .......................................................................................................................... 12
24. LOCAL PUBLIC TRANSPORTATION COORDINATION ....................................................................................... 12
25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ................................................................................. 12
26. PAY EQUITY .................................................................................................................................................... 12
27. POLITICAL ACTIVITIES .................................................................................................................................... 13
28. PREVAILING WAGE LAW ................................................................................................................................ 13
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION ................................................................... 13
30. PUBLICITY ...................................................................................................................................................... 13
31. RECAPTURE.................................................................................................................................................... 13
32. RECORDS MAINTENANCE .............................................................................................................................. 14
33. REGISTRATION WITH DEPARTMENT OF REVENUE......................................................................................... 14
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 3 of 20
34. RIGHT OF INSPECTION ................................................................................................................................... 14
35. SAVINGS ........................................................................................................................................................ 14
36. SEVERABILITY ................................................................................................................................................. 14
37. SUBCONTRACTING ........................................................................................................................................ 14
38. SURVIVAL ....................................................................................................................................................... 15
39. TAXES ............................................................................................................................................................. 15
40. TERMINATION FOR CAUSE............................................................................................................................. 15
41. TERMINATION FOR CONVENIENCE ................................................................................................................ 15
42. TERMINATION PROCEDURES ......................................................................................................................... 15
43. TREATMENT OF ASSETS ................................................................................................................................. 16
44. WAIVER ......................................................................................................................................................... 17
ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 18
ATTACHMENT B: BUDGET .................................................................................................................................... 20
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
DocuSign Envelope ID 751A5F24-6D93-4AEF-ADB5-90051C1B706D
Face Sheet
Contract Number: 24-96722-108
Washington State Department of Commerce
Local Government Division
State Building Construction Funds Grant
1. Contractor 2. Contractor Project
City of Yakima City of Yakima/Yakima Housing Authority
129 North Second Street, 316 N. Lewis Ave., Yakima/WA, 98902, 181324-23435
Yakima, WA 98901 914 E. Spruce St.,Yakima/WA, 98901, 191319-14483
415 N Sixth Ave ,Yakima/WA, 98902, 181324-12477
3. Contractor Representative 4. COMMERCE Representative
Lisa Maxey, Administrative Assistant Mischa Venables PO Box 42525
Iisa.maxevCu�vakimawa.gov CHIP Project Manager 1011 Plum Street SE
509.576.6660 (360)725-3088 Olympia, WA 98504
Mischa.venables@commerce.wa.gov
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$658,462 Federal: ❑ State: ® Other: ❑ N/A: ❑ July 1, 2023 June 30, 2025
9. Federal Funds (as applicable) Federal Agency: ALN
N/A N/A
10. Tax ID# 11. SWV# 12. UBI #
FJNNX1XFJ9K3 SWV007122-02 397-005-272
14. Contract Purpose
To support the development of affordable housing by paying for the construction of utility infrastructure improvements and
reimbursement of waived system development for the Yakima Housing Authority 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
Attachment"B"— Budget
FOR CONTRACTOR FOR COMMERCE
,DocuSigned by 77Ll2BO6SCl
uSigned by'
it) CITY CONTRACT N0.� 1E785C46A RESOION 458
Dave Zabell, Interim City Manager Mark K. Barkley, Assistant Director
City of Yakima Local Government Division
5/20/2024 I 9:13 AM PDT 5/20/2024 I 12:14 PM PDT
Date Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Page 4 of 20
________________________________________________________________________________________________________
Page 5 of 20
Special Terms and Conditions
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 $658,462 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
Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall
be submitted to the Representative for COMMERCE via the Commerce Contracts Management System.
If required, the attachments to the invoice request in the Commerce Contracts Management System 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 24-96722-108. 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.
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.
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 Contractor must invoice for all expenses from the beginning of the contract through June 30,
2025, 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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 6 of 20
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
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 Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including bu t 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 21-02, 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 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 21-02 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 th e 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 th e 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 Permit.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 21-02.
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 21-02 or Section 106 of the National
Historic Preservation Act.
.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 7 of 20
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.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. 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
Add any other attachments incorporated by reference from the Face Sheet listed within
order of attached.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 8 of 20
General Terms and Conditions
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 Washington Department of Commerce.
C. “Contract” or “Agreement” or “Grant” 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 and “Protected Health Information” under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 9 of 20
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.
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.
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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 10 of 20
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. T he Contractor and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked with the COMMERCE
program executing this Contract, including but not limited to formulating or dr afting the legislation,
participating in procurement planning and execution, awarding contracts, and monitoring contract,
during the 24-month period preceding the start date of this Contract. Identify the individual by name,
the agency previously or currently employed by, job title or position held, and separation date. If it is
determined by Commerce that a conflict of interest exists, the Contractor may be disqualified from
further consideration for the award of a Contract.
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 existe nce 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 ass igns 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 rig hts 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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 11 of 20
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.
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
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 inde mnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, 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’s obligation shall not include such claims that may be caused by the sole negligence
of the State and its agencies, officials, agents, and employees. If the claims or damages are caused
by or result from the concurrent negligence of (a) the State, its agents or emp loyees and (b) the
Contractor, its subcontractors, agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Contractor or its subcontractors, agents, or
employees.
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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 12 of 20
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. 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.
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, acc reditation 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 contract.
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 titl es alone are not determinative of whether
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 13 of 20
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, educat ion,
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 bu siness
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.
27. POLITICAL ACTIVITIES
Political activity of Contractor’s 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 ri ght 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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 14 of 20
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.
The 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.
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 requirem ent. 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.
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 subc ontracting 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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 15 of 20
38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and c ontext 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
to take corrective action. If corrective action is not taken within 3 0 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 th e
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, withh old 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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 16 of 20
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 f inal for all
the purposes of this clause;
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 p roperty
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.
E. All reference to the Contractor under this clause shall also include Contractor’s employees,
agents or Subcontractors.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 17 of 20
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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 18 of 20
Attachment A: Scope of Work
To support the development of affordable housing by paying for the construction of utility infrastructure
improvements and reimbursement of waived system development for the Yakima Housing Authority
project
Spruce Water- Connection to an 8" line at main road (Spruce) down adjacent site alley, to 8th
Street. in addition to a 6" line to buildings.
Sixth Water- 6" main line connection at adjacent road to the single building
Lewis Water - 8" main line loop from main road through site.
Spruce Sewer - Connection from east of the site into each of the three buildings
Sixth Sewer- Connection from west of the site into each buildings
Lewis Sewer- Connection from east of the site into each buildings
All storm water is mitigated and managed on site as a requirement of other funding. A permit will
be obtained per site to ensure compliance with all regulations
Based on the criteria within the state capital budget, SB 5200 Sec 1021, (Laws of 2023), 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 affordable1 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
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.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
________________________________________________________________________________________________________
Page 19 of 20
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.
CERTIFICATION PERFORMANCE MEASURE – SCOPE OF WORK
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE as of the date and year written below.
___________________________________________ ___________________________
Dave Zabell, Interim City Manager DATE
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
5/20/2024 | 9:13 AM PDT
________________________________________________________________________________________________________
Page 20 of 20
Attachment B: Budget
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT
Type of Funding Source Description and purpose Amount
CHIP Grant Washington State Department of Commerce $658,462
Other Funds
LIHTC 9% Tax Credit $11,747,000
Housing Trust Fund Commerce $3,600,000
Total Other Funds $15,347,000
Total Project Funding $16,005,462
CERTIFICATION PERFORMANCE MEASURE - AVAILABILITY OF FUNDS
The GRANTEE by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement has either been expended for eligible Project expenses, or is committed in writing
and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year
written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has
access to the funds needed to complete the Project, and shall make such records available for
COMMERCE’s review upon reasonable request.
______________________________________
Dave Zabell, Interim City Manager
_____________________________________
DATE
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
5/20/2024 | 9:13 AM PDT
Commerce GMS programs - Contract review and routing form
Reviewer
Name Initials and Date
Budget Analyst
GMS Managing Director
Dave Andersen
Deputy Assistant Director – LGD
Tony Hanson
Internal routing form. Will be deleted after contract fully signed.
DocuSign Envelope ID: 751A5F24-6D93-4AEF-ADB5-90051C1B706D
Erin LaLonde 5/17/2024 | 11:45 AM PDT
5/20/2024 | 8:56 AM PDT
5/20/2024 | 12:13 PM PDT
Certificate Of Completion
Envelope Id: 751A5F246D934AEFADB590051C1B706D Status: Completed
Subject: Complete with DocuSign: City of Yakima YHA CHIP
Division:
Local Government
Program: CHIP
ContractNumber: 24-96722-108
DocumentType: Contract
Source Envelope:
Document Pages: 21 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 3 Ashley Murphy
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
ashley.murphy@commerce.wa.gov
IP Address: 198.238.8.167
Record Tracking
Status: Original
5/17/2024 11:00:57 AM
Holder: Ashley Murphy
ashley.murphy@commerce.wa.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign
Signer Events Signature Timestamp
Erin LaLonde
erin.lalonde@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.238.29.15
Sent: 5/17/2024 11:04:41 AM
Viewed: 5/17/2024 11:44:19 AM
Signed: 5/17/2024 11:45:37 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Andersen
dave.andersen@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.239.10.225
Sent: 5/17/2024 11:45:39 AM
Viewed: 5/20/2024 8:56:19 AM
Signed: 5/20/2024 8:56:27 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Zabell
Dave.zabell@yakimawa.gov
City Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 205.172.45.253
Sent: 5/20/2024 8:56:29 AM
Viewed: 5/20/2024 9:12:12 AM
Signed: 5/20/2024 9:13:20 AM
Electronic Record and Signature Disclosure:
Accepted: 5/20/2024 9:12:12 AM
ID: 61080b7f-f98f-4a51-91ec-7ca4b6342bcb
Signer Events Signature Timestamp
Tony Hanson
tony.hanson@commerce.wa.gov
Washington State Department of Commerce
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.238.29.4
Sent: 5/20/2024 9:13:24 AM
Viewed: 5/20/2024 12:13:26 PM
Signed: 5/20/2024 12:13:38 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Barkley
mark.barkley@commerce.wa.gov
Assistant Director
Washington State Department of Commerce
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.238.8.155
Sent: 5/20/2024 12:13:41 PM
Viewed: 5/20/2024 12:14:21 PM
Signed: 5/20/2024 12:14:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Paul Johnson
paul.johnson@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Sent: 5/17/2024 11:04:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mischa Venables
mischa.venables@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Sent: 5/20/2024 8:56:29 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lisa Maxey
Lisa.maxey@yakimawa.gov
Security Level: Email, Account Authentication
(None)
Sent: 5/20/2024 9:13:23 AM
Viewed: 5/20/2024 12:18:40 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/17/2024 11:04:41 AM
Certified Delivered Security Checked 5/20/2024 12:14:21 PM
Envelope Summary Events Status Timestamps
Signing Complete Security Checked 5/20/2024 12:14:29 PM
Completed Security Checked 5/20/2024 12:14:29 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Dave Zabell
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
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.
1
s^ !
a, .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.0.
For Meeting of: May 7, 2024
ITEM TITLE: Resolution authorizing acceptance of a grant from the Department
of Commerce under the Connecting Housing to Infrastructure
Program (CHI P)for the "Yakima Housing Authority" project for
system development charges and utility infrastructure
improvements
SUBMITTED BY: Bill Preston, Interim Community Development Director
SUMMARY EXPLANATION:
The Connecting Housing to Infrastructure Program (CHI P) grant will provide $658,462 in grant
funds to the City of Yakima to financially assist Yakima Housing Authority by covering sewer,
water, stormwater improvements, and system development charges for a new housing project.
The project will develop a total of 50 new permanent supportive housing units in Yakima, across
three locations: 316 N Lewis Ave, 914 E Spruce St, and 415 N 6th Ave. This grant award is
funded through the State Building Construction Account.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ 5/2/2024
❑ 4/18/2024