Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-2025-010 Resolution authorizing a contract with Yakima Housing Authority for system development charges and utility infrastructure improvements through CHIP grant program
RESOLUTION NO. R-2025-010 A RESOLUTION authorizing an agreement with Yakima Housing Authority to provide funds 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, and the City Council previously accepted, 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, Yakima Housing Authority will 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, to fully realize the grant funding, the City Council and Yakima Housing Authority must enter into a contract regarding utilization of the funds; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to authorize an agreement between the City of Yakima and Yakima Housing Authority to use the previously granted $658,462.00 from the Washington State Department of Commerce, and authorize the City Manager to enter into an agreement with Yakima Housing Authority to financially assist it in its construction of affordable housing, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council approves the Agreement and authorizes the City Manager, or their designee, to execute and administer Agreement No. DC2816/4100 / DC2817/4100 / DC2818/4100 with Yakima Housing Authority, and to execute and administer all applicable documents and agreements pursuant to the pass-through grants from Washington State Department of Commerce. ADOPTED BY THE CITY COUNCIL this 7th day of January, 2025. ta/ .5. AKI `��, Patricia By rs, Mayor ATTEST: v Mq '4, • * :SEAL "• ; •'. . :. _ �..� .� . , � . •-*log 'osalinda Ibarra, City Clerk ‘``•,,„„_ CONTRACT AND SUBRECIPIENT AGREEMENT Between the City of Yakima and Yakima Housing Authority CHIP SUBRECIPIENT GRANT Agency Name(must match the name associated Unique Entity Identifier City of Yakima Numbers for This with its unique entity identifier) (i.e., SAM) Agreement akima Housing Authority MZMVA1YQ6MS6 DC2816/4100 (316 N Lewis Ave) DC2817/4100(914 E Spruce St) DC2818/4100 (415 N 6th Ave) Commerce Contract Number Award Date State Period of Performance State Budget Period Start and End Start and End Date Date 24-96722-108 01/25/2024 July 1, 2023— July 1, 2023— June 30, 2025 June 30, 2025 jAmount of State Total Amount of State Funds Obligated to the Total Amount of the State IlFunds Obligated to the agency Award Committed to the agency iiagency by this action: $658,462.00 $658,462.00 $658,462.00 State Award Project Description: Funds will cover sewer, water, stormwater improvements for a new affordable housing project. State Awarding Agency: Pass-Through Entity: Awarding Official Name DEPARTMENT OF CITY OF YAKIMA and Contact Information: COMMERCE I.Jiren Mayani 'Director of Finance& Budget Viren.Mayani(c�yakimawa.gov Identification of Whether the Award is R&D Indirect Cost Rate for the Award Not applicable N/A Award Payment Method (lump sum payment or reimbursement) Is the Agency a Subrecipient for the Purposes of This Agreement? REIMBURSEMENT Yes ***The term "Contractor" shall refer to a contractor or subrecipient, as determined in the City's sole discretion and referenced in the cover page. PASS-THRU ENTITY City of Yakima RECIPIENT Yakima Housing Authority NAME Name: Viren Mayani Name: Lowel Krueger Title: Title: Executive Director Ci of Yakima Finance Director Signature: Signature: Date: a / Lp Date: t/2 ZOZ l CITY OF YAKIMA-AGREEMENT Contractor YAKIMA HOUSING AUTHORITY Project Title City of Yakima/Yakima Housing Authority — Scattered Development Contract Amount $ $658,462.00 Contract Period From: January 7, 2025 To June 30, 2025 DUNS No. (if applicable) SAM No. (if applicable) MZMVA1YQ6MS6 THIS AGREEMENT No. DC2816/4100, DC2817/4100, and DC2818/4100 ("Contract") is entered into by the CITY OF YAKIMA (the "City"), and YAKIMA HOUSING AUTHORITY, (the "Contractor") whose address is 810 N 6th Ave, Yakima, Washington, 98902. FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES Washington State Department of See contract period above Commerce —State $658,462.00 Building Construction 1 Account WHEREAS, the City has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the City desires to have certain services performed by the Contractor as described in this Contract, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: 1. Definitions. Words and terms shall be given their ordinary and usual meanings. Where used in the Contract documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. ACCEPTANCE OR ACCEPTED - A written determination by the City that the Contractor has completed the Work in accordance with the Contract. CONTRACT AMENDMENT - A written change to the Contract modifying, deleting or adding to the terms and conditions or Scope of Work, signed by both parties, with or without notice to the sureties. CONTRACTOR - The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, contracting with the City for the performance of Work under the Contract. Page 2 of 64 CONTRACT SPECIALIST- City of Yakima Employee who interfaces with team members, business owners, contractors, county project staff and others to assist in the administration of this Contract. DAY - Calendar day. YMC - The Yakima Municipal Code. MEASURABLE AMOUNT OF A definitive allocation of an employee's time that can be attributed WORK- to Work performed under this Contract, but that is not less than a total of one hour in any one-week period. PERSON - Includes individuals, associations, firms, companies, corporations, partnerships, or combination thereof, including joint ventures. PROJECT MANAGER - The individual designated by the City to manage the project on a daily basis and who may represent the City for Contract administration. RCW - The Revised Code of Washington. SCOPE OF WORK (SOW) - An exhibit to the Contract consisting of a written description of the Work to be performed. SUBCONTRACTOR - The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, entering into an agreement with the Contractor to perform any portion of the Work covered by this Contract. SUBRECIPIENT- An entity that uses the awarded funds to carry out a program for a public purpose specified in the authorizing statute or ordinance, as opposed to providing goods or services for the benefit of the City. WORK - Everything to be provided and done for the fulfillment of the Contract and shall include services, goods and supplies specified under this Contract, including Contract Amendments. ADMINISTRATOR- The Director of Finance. Small Contractor or Supplier or A business and the person or persons who own and control it that "(SCS)" - are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Contracting Opportunities Program is based on a dollar ceiling for standard business classifications that is set at fifty percent (50%) of the Federal Small Business Administration (SBA) small business size standards using the North American Industrial Classification System (NAICS), and an Owners' personal net worth less than $1,320,000 dollars. 2. Contract Services and Requirements, and Incorporated Exhibits. The Contractor shall provide services and meet the requirements included in this Contract and in the following attached exhibits, each of which is incorporated herein by this reference: EXHIBIT NAME NUMBER/LETTER Scope of Work A Price Attachment B Executed Agreement with the Department of Commerce C Lobbying Certification D Cost Certification E Proof of Insurance F Certification Performance Measure — Prevailing Wages G A. Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse eligible expenditures as described in Exhibit A. No funds may be used to pay or reimburse expenditures reimbursed under any other federal or state program, or from any other third-party source. B. Contractor Responsibilities. Contractor agrees to administer the Contract consistent with the terms and conditions of this Contract, and all applicable local, state, and federal laws and regulations. As part of the invoicing process, the Contractor shall provide the City with a "Cost Certification" that funding of this Contract was used for eligible expenditures. Contractor shall also provide the City with a "Civil Rights Certification"prior to payment for work authorized by this Contract. C. Reporting. Contractor shall provide the City with the following reports in a timely manner: i. Monthly/Quarterly Expenditure Report by the 10t" of month following expenditure to facilitate required quarterly City reporting. ii. Payment Request Report iii. Closeout Report 3. Contract Term. A. This Contract shall begin after the contract is fully executed by both parties, and shall terminate on June 30, 2025, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be extended through June 30, 2027, in one-year increments upon agreement of the parties. Either party requesting extension shall do so no fewer than thirty (30) days before the end of the term. No change in terms and conditions will be permitted during these extensions unless specifically agreed to in writing. 4. Compensation and Method of Payment. A. Compensation: The City shall compensate the Contractor for satisfactory completion of the services and requirements as specified in this Contract and its attached exhibit(s). B. Invoicing: The Contractor shall submit invoices and all accompanying reports as specified in the attached exhibit(s), including its final invoice and all outstanding reports. The City shall endeavor to make payment not more than 60 days after a complete and accurate invoice is received. C. Final Invoice: The Contractor shall submit its final invoice and all outstanding reports as specified in this contract and its attached exhibit(s). If the Contractor's final invoice and reports are not submitted as required, the City will be relieved of all liability for payment to the Contractor of the amounts set forth in the final invoice or any later invoice. D. Reimbursement for Travel: The Contractor will not be reimbursed for travel unless otherwise specified within an Exhibit. 5. Internal Control and Accounting System. The Contractor shall establish and maintain a system of accounting and internal controls that complies with the generally accepted accounting principles issued by the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Contractor's form of doing business. 6. Compliance with Laws. In all activities related to this Agreement, the Subrecipient and any Contractor and/or Subcontractor agrees to comply or assist the City when necessary for its compliance with all certifications required by Department of Commerce for disbursal of CHIP funds. The Subrecipient further agrees to comply with all applicable local, state, and federal laws, regulations and policies. Failure to comply with such laws, regulations and policies shall cause this agreement to become immediately null and void. All funds spent in violation of such certifications, laws, and regulations will be repaid to the City within thirty (30) days upon violation of the terms of the Agreement. 7. Debarment and Suspension Certification. If this Contract is a covered transaction for purposes of federally funded grant requirements, the Contractor is required to verify that none of the Contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. Debarment status may be verified at https://www.sam.gov By signing and submitting this Contract, the Contractor certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Yakima. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to remedies available to the City of Yakima, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 49 CFR 29, Subpart C while performing this Contract and further agrees to include a provision requiring such compliance in its lower tier covered transactions. 8. Licensing and Program Standards. The Subrecipient agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. 9. Insurance and Bonds. The Subrecipient and any of its employees, volunteers, consultants, contractors and/or subcontractors shall procure and maintain for the duration of this Agreement, General Liability Insurance, Comprehensive Automobile Liability Insurance and other such coverage as may be appropriate or required by state or federal law,for the services to be performed. Properties improved, acquired or rehabilitated with CHIP funds will be insured until such time that the final disposition of the property occurs. Copies of such documents will be forwarded to the City upon request. A. Notice of Cancellation. The Subrecipient, contractor and/or subcontractors shall provide the City with written notice of any policy cancellation within two(2)business days of receipt of such notice. B. Failure to Maintain Insurance. Failure on the part of the Subrecipient, contractor and/or subcontractors to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days' notice to the Subrecipient to correct the breach, immediately terminate the contract. 10. Maintenance of Records. A. Accounts and Records: i. The Contractor shall maintain for a period of six years after termination of this Contract accounts and records, including personnel, property, financial, and programmatic records and other such records the City may deem necessary to ensure proper accounting and compliance with this Contract. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. ii. The City and Department of Commerce, or their authorized representatives, or any other oversight entity, shall have the right of access to records (electronic and otherwise) of Contractor in order to conduct audits or other investigations. B. Nondiscrimination and Equal Employment Records: In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section 23, Nondiscrimination and Payment of a Living Wage below, the Contractor shall maintain the following for a period of six years after termination of this Contract: i. Records of employment, employment advertisements, application forms, and other data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and ii. Records, including written quotes, bids, estimates or proposals, submitted to the Contractor by all entities seeking to participate in this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The City may visit the site of the work and the Contractor's office to review these records. The Contractor shall provide all help requested by the City during such visits and make the foregoing records available to the City for inspection and copying. At all reasonable times, the Contractor shall provide to the City, the state, and/or federal agencies or officials access to its facilities—including those of any subcontractor assigned any portion of this Contract in order to monitor and evaluate the services provided under this Contract. The City will give reasonable advance notice to the Contractor in the case of audits to be conducted by the City. The Contractor shall comply with all record keeping requirements of any applicable federal rules, regulations or statutes included or referenced in the contract documents. If different from the Contractor's address listed above, the Contractor shall inform the City in writing of the location of its books, records, documents, and other evidence for which review is sought, and shall notify the City in writing of any changes in location within 14 days of any such relocation. 11. Evaluations and Inspections. A. Subject to Inspection, Review, or Audit: The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the City and/or federal/state officials authorized by law during the performance of this Contract and for six years after termination hereof, unless a longer retention period is required by law. B. Contract Monitoring The Contractor and the City shall engage in monitoring visits to assess the Contractor's compliance with contract requirements, quality, and practices. The City will execute monitoring visits in accordance with the applicable frequency, as prescribed by the controlling Exhibit under this Contract. The Contractor shall cooperate with the City and its agents to assess the Contractor's performance under this Contract. At the request of the City, the Contractor shall implement a plan to remedy any items of noncompliance identified during the monitoring process. The results and records of these processes shall be maintained and disclosed in accordance with RCW Chapter 42.56. C. Performance, Measurement and Evaluation The Contractor shall submit performance metrics and program data as set forth in Exhibits to this Contract. The Contractor shall participate in evaluation activities as required by the City and shall make available all information required by any such performance measurement and evaluation processes. D. Unauthorized Disclosure: The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. 12. Financial Report Submission. The Contractor is required to submit a financial reporting package as described in A through C below. All required documentation must be submitted by email to Viren.Mavani(p�vakimawa.gov by the stated due date. A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69, and expends $750,000 or more in Federal awards during its fiscal year, then the Contractor shall meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to the County within nine months after the close of the Contractor's fiscal year. B. If the Contractor is a local government in the State of Washington and is not subject to the requirements in subsection A, the Contractor shall submit audited financial statements that are in accordance with the Washington State Auditor's Office requirements. Financial statement audits are due to the County within 150 days after the close of the Contractor's fiscal year end as required by RCW 43.09.230. C. If the Contractor is not subject to the requirements in subsection A or B, the following apply: Entity Type Non-Profit For Profit Gross Gross Revenue Gross Revenue Gross Revenue Gross Revenue Revenue Under $3M on Over $3M on Under $3M on Over$3M on average in the average in the average in the average in the previous three previous three previous three previous three fiscal years. fiscal years. fiscal years. fiscal years. Required • Form 990 Audited financial • Income tax Audited financial Documentation within 30 days statements return; and statements of its being prepared by an • A full set of prepared by an filed; and independent annual internal independent • A full set of Certified Public financial Certified Public annual internal Accountant or Accountant or statements financial Accounting Firm Accounting Firm statements Due Date Within 30 Within nine Within 30 Within nine calendar days months following calendar days months following from the forms the close of the from the forms the close of the being filed. Contractor's fiscal being filed. Contractor's year. fiscal year. D. Waiver: A Contractor that is not subject to the requirements in subsection A may, in extraordinary circumstances, request, and in the City's sole discretion be granted, a waiver of the audit requirements. Such requests are made to the City of Yakima Finance Director for review. If approved by the City, the Contractor may substitute for the above requirements other forms of financial reporting or fiscal representation certified by the Contractor's Board of Directors, provided the Contractor meets the following criteria: i. Financial reporting and any associated management letter show no reportable conditions or internal control issues; and ii. There has been no turnover in key staff since the beginning of the period for which the financial reporting was completed. 13. Corrective Action. If the City determines that the Contractor has failed to comply with any terms or conditions of this Contract, or the Contractor has failed to provide in any manner the work or services (each a "breach"), and if the City determines that the breach warrants corrective action, the following procedure will apply: A. Written Notification: The City will notify the Contractor in writing of the nature of the breach. B. Contractor's Corrective Action Plan: The Contractor shall respond with a written corrective action plan within fourteen days of its receipt of such notification unless the City, at its sole discretion, extends in writing the response time. The plan shall indicate the steps being taken to correct the specified breach and shall specify the proposed completion date for curing the breach. This date shall not be more 30 days from the date of the Contractor's response, unless the City, at its sole discretion, specifies in writing an extension to complete the corrective actions. C. City's Determination of Corrective Action Plan Sufficiency: The City will determine the sufficiency of the Contractor's proposed corrective action plan, then notify the Contractor in writing of that determination. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the City. D. Termination or Suspension: If the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the City to be insufficient, the City may terminate or suspend this Contract in whole or in part pursuant to Section 15. E. Withholding Payment: In addition, the City may withhold any payment to the Contractor or prohibit the Contractor from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed; and F. Non-Waiver of Rights: Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 13, Subsections B, C, and D. G. Recoupment: i. Contractor agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which occurs due to Contractor's failure, for any reason, to comply with the terms of this Contract. This duty to repay the City shall not be diminished or extinguished by the termination of the Contract. ii. The Contractor further agrees to comply with all applicable local, state, and federal laws, regulations and policies. Failure to comply with such laws, regulations and policies shall cause this agreement to become immediately null and void. All funds spent in violation of such certifications, laws, and regulations will be repaid to the City within thirty (30) days upon violation of the terms of the Agreement. iii. Any funds paid to Contractor (1) in excess of the amount to which Contractor is authorized to retain under the terms of the Contract; (2) that are determined by the Department of Commerce or other state or federal agency to have been misused; (3) are determined by the Department of Commerce or other State or Federal agency to be subject to a repayment obligation pursuant to any local, state, or federal laws; or (4) are otherwise subject to recoupment by the City, and have not been repaid by Contractor to the City shall constitute a debt to the City. iv. Any debts determined to be owed the City must be paid promptly by the Contractor. A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been made or if the City knowingly or improperly retains funds that are a debt. The City will take any actions available to it to collect such a debt. 14. Dispute Resolution. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. 15. Termination. A. Termination for Convenience: This Contract may be terminated by the City without cause, in whole or in part, at any time during the term specified in Section 3, Contract Term above, by providing the other party 30 calendar days advance written notice of the termination. The Contract may be suspended by the City without cause, in whole or in part, at any time during the term specified in Section 3. above, by providing the Contractor 30 calendar days advance written notice of the suspension. B. Termination for Default: The City may terminate or suspend this Contract, in whole or in part, upon ten days advance written notice if: (1) the Contractor breaches any duty, obligation, or service required pursuant to this Contract and either (a) the corrective action process described in Section 13 fails to cure the breach or (b) the City determines that requiring a corrective action plan is impractical or that the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the City pursuant to this Subsection 15.B., the Contractor shall be liable for damages, including any additional costs of procuring similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the City immediately any funds, misappropriated or unexpended, that have been paid to the Contractor by the City. C. Termination for Non-Appropriation: If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section 3, the City may, upon ten days advance written notice to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section: (1) the City will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the City Council and/or other identified funding source(s) of sufficient funds to support the activities described in the Contract. If such appropriation is not approved, this Contract will terminate at the close of the current appropriation year. The current funding sources associated with this Contract are specified on page one. If the Contract is suspended as provided in this Section, the City may provide written authorization to resume activities. D. Non-Waiver of Rights: Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or by law or equity that either party may have if any of the obligations, terms, and conditions set forth in this Contract are breached by the other party. 16. Hold Harmless and Indemnification. A. Duties as Independent Contractor: In providing services under this Contract, the Contractor is an independent contractor, and neither it nor its officers, agents, or employees are employees of the City for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City employee under state or local law. The parties intend that an independent contractor relationship shall be created by this Contract. The Contractor shall not make any claim of right, privilege or benefit which would accrue to an employee under chapter 41.06 RCW or Title 51 RCW. The City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall release, protect, indemnify, defend and save harmless the City, its elected and appointed officials, officers, agents, employees, representatives, insurers, attorneys, and volunteers from and against any and all claims, costs, damages, losses, expenses, suits, arbitration actions, investigations, and regulatory or other governmental proceedings whatsoever arising from, occurring, relating to, or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. The City's right to indemnification includes attorneys' fees and costs associated with establishing the right to indemnification hereunder in favor of the City. If, for any reason, the Contractor's required licenses or certificates are terminated, suspended, revoked or in any manner modified from their status at the time this Contract becomes effective, the Contractor shall notify the City immediately of such condition in writing. The Contractor and Subcontractor(s) shall maintain and be liable for payment of all applicable taxes (except sales/use taxes), fees, licenses, permits and costs as may be required by applicable federal, state or local laws and regulations as may be required to provide the Work under this Contract. B. Intellectual Property Infringement: For purposes of this section, claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. C. Nondisclosure of Data: Data provided by the City either before or after Contract award shall only be used for its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the City data in any form without the prior express written approval of the City. D. Non-Disclosure Obligation: While performing the Work under this Contract, the Contractor may encounter personal information, licensed technology, drawings, schematics, manuals, data and other materials described as "Confidential", "Proprietary" or"Business Secret". The Contractor shall not disclose or publish the information and material received or used in performance of this Contract. This obligation is perpetual. The Contract imposes no obligation upon the Contractor with respect to confidential information which the Contractor can establish that: a) was in the possession of, or was rightfully known by the Contractor without an obligation to maintain its confidentiality prior to receipt from the City or a third party; b) is or becomes generally known to the public without violation of this Contract; c) is obtained by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or, d) is independently developed by the Contractor without the participation of individuals who have had access to the City's or the third party's confidential information. If the Contractor is required by law to disclose confidential information the Contractor shall notify the City of such requirement prior to disclosure. E. Indemnification: To the maximum extent permitted by law, Contractor shall, at its cost and expense, protect, defend, indemnify and hold harmless the City, its elected and appointed officials, directors, officers, employees, agents, representatives, insurers, attorneys, and volunteers, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorney's fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Contractor, its directors, officers, employees, or agents, relating in any way to the Contractor's performance or nonperformance under the Contract, or the acts, failures to act, errors or omissions of the Contractor, or any of Contractor's agents or subcontractors, in performance of this Contract, unless and except the claims are caused by the City's sole negligence. These indemnification obligations shall survive the termination of the Contract. The Contractor agrees that its obligations under this paragraph extend to any demands, liabilities, causes of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. In addition, the Contractor shall protect and assume the defense of the City and its officers, agents and employees in all legal or claim proceedings arising out of, in connection with, or incidental to its indemnity obligation; and shall pay all defense expenses, including reasonable attorney's fees, expert fees and costs incurred by the City on account of such litigation or claims. If the City incurs any judgment, award, and/or cost arising therefrom including reasonable attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. The City's right to indemnification includes attorney's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. F. Return of Unused Funds: If Contractor has any unspent funds on hand as of the earlier of June 30, 2025, or the termination of this Contract under Section 153, Contractor shall return all unspent funds to the City within ten (10) calendar days. 17. False Statements. Contractor understands that making false statements or claims in connection with this Contract may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal or city awards or contracts, and/or any other remedy available by law. 18. Publications. Any publications produced with funds from this Contract must display the following language: "This project [is being][was] supported, in whole or in part, by state contract number[enter state contract number] awarded to the City of Yakima, Washington by the Washington State Department of Commerce." 19. Disclaimer by the City. A. The City expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Contract or any other losses resulting in any way from the performance of the Contract, or any subcontract thereto. B. This Contract does not in any way establish an agency relationship between or among the State of Washington, the City, and/or Contractor. 20. Insurance Requirements. Upon execution of this Contract, the Contractor, at its own cost, shall have procured and will maintain for the duration of this Contract, insurance as specified in the Minimum Scope and Limits of Insurance. The City reserves the right to require complete, certified copies of all required insurance policies at any time. Each insurance policy shall be written on an "occurrence" form; except that professional liability, errors and omissions, will be acceptable on a "claims made"form. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of completion of the Work which is the subject of this Contract. By requiring such minimum insurance coverage, the City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. A. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of the Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted to the State of Washington. The requirements contained herein, as well as the City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. B. Automobile Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. The business auto liability shall include Hired and Non- Owned coverage if necessary. C. Employer's Liability (Stop Gap). Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability Insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract including claims resulting from negligent acts of all subcontractors. Contractor is responsible to ensure subcontractors have insurance as needed. Failure of subcontractors to comply with insurance requirements does not limit Contractor's liability or responsibility. D. Professional Service Contractor shall provide evidence of Professional Liability Insurance covering professional errors and omissions. Such policy must provide the following minimum limits: $2,000,000.00 per claim. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. E. Work Site Safety The Contractor shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. The Contractor shall comply with all applicable federal, state and local safety regulations governing the job site, employees and Subcontractors. The Contractor shall be responsible for the Subcontractor's compliance with these provisions. 21. Assignment. Contractor shall not assign any interest, obligation or benefit under or in this Contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the City, at its sole discretion. If assignment is approved, this Contract shall be binding upon and inure to the benefit of the successors of the assigning party upon the written agreement by assignee to assume and be responsible for the obligations and liabilities of the Contract, known and unknown, and applicable law. If at any time during the Contract term the Contractor experiences a change in its name or federal tax status either through acquisition, novation, assignment, re-organization or some other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it shall notify the City of Yakima immediately upon the information becoming publicly available. This notification shall be sent by the Contractor to the current City of Yakima Contract Specialist via email along with: A. Any official announcements from the firm's representative(s) regarding the changes; B. A new City of Yakima W-9 Form; C. A current statement, listing of unfilled orders and electronic versions of all outstanding invoices and credit memos at the time of the change shall be provided to the Contract Specialist as soon as possible. Any delay on the part of the Contractor to provide these items to the Contract Specialist may result in the delay of payment and orders. The City may create a new contract number to replace the existing one. All future orders and Contracts Amendments will reference the new contract number. 22. Subcontracting. A. Written Consent of the City: The Contractor shall not subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the City, which consent is at the sole discretion of the City. The City's consent must be sought in writing by the Contractor not less than 15 days prior to the date of any proposed subcontract. The rejection or approval by the City of any subcontractor or the termination of a subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to the City. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to the City for any breach in the performance of Contractor's duties. The City has no contractual obligations to any subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its subcontractors. B. "Subcontract" Defined: "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. C. Required Clauses for Subcontracts: The Contractor shall include Sections: Section # Description 1 Definitions 5 Internal Control and Accounting System 6 Compliance with Laws 7 Debarment and Suspension Certification 8 Licensing and Program Standards 9 Insurance and Bonds 10 Maintenance of Records 11 Evaluations and Inspections 12 Financial Report Submission 16 Hold Harmless and Indemnification 17 False Statements 18 Publications 19 Disclaimer by the City 20 Insurance Requirements 22 Subcontracting 23 Nondiscrimination and Payment of a Living Wage 31 Services Provided in Accordance with Law and Rule and Regulation 32 Applicable Law 37 Payment Procedures: Prompt Payment for Subcontractors 42 Background Checks in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. Required Language for Subcontracts: The Contractor shall include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless the City of Yakima, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that the City of Yakima is a third-party beneficiary to its Contract with Contractor and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." 23. Nondiscrimination. A. The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. B. Nondiscrimination: During performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of the employee's or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated equitably, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. C. Equal Employment Opportunity Efforts: The Contractor will undertake, and require all Subcontractors to undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post, and to require Subcontractors to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. D. Nondiscrimination in Subcontracting Practices: During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in City contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. E. Sanctions for Violations: Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. 24. Equipment Purchase, Maintenance, and Ownership. A. Equipment Maintenance: The Contractor agrees that when Contract funds are used to pay for all or part of the purchase costs of any equipment that costs $5,000 or more per item, and the purchase of such equipment is identified in an exhibit to this Contract, such equipment is, upon the purchase or receipt, the property of the City and/or federal/state government. The Contractor shall be responsible for all proper care and maintenance of the equipment, including securing and insuring such equipment. B. Equipment Ownership: The Contractor shall ensure that all such equipment is returned to the City or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. 25. Proprietary Rights. A. Ownership Rights of Materials Resulting from Contract: Except as indicated below or as described in an Exhibit, the parties to this Contract hereby agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the City. To the extent that any rights in such materials vest initially with the Contractor by operation of law or for any other reason, the Contractor hereby perpetually and irrevocably assigns, transfers and quitclaims such rights to the City. The City agrees to and does hereby grant to the Contractor a perpetual, irrevocable, nonexclusive, and royalty-free license to use and create derivative works, according to law, any material or article and use any method that may be developed as part of the work under this Contract. B. Ownership Rights of Previously Existing Materials: The Contractor shall retain all ownership rights in any pre-existing patentable or copyrightable materials or articles that are delivered under this Contract, but do not originate from the work described herein. The Contractor agrees to and does hereby grant to the City a perpetual, irrevocable, nonexclusive, and royalty-free license to use and create derivative works, according to law, any pre-existing material or article and use any method that may be delivered as part of the work under this Contract. C. Continued Ownership Rights: The Contractor shall sign all documents and perform other acts as the City deems necessary to secure, maintain, renew, or restore the rights granted to the City as set forth in this section. 26. Political Activity Prohibited. None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 27. Future Support. The City makes no commitment to support contracted services and assumes no obligation for future support of the contracted activity(-ies), except as expressly set forth in this Contract. 28. Entire Contract. The parties agree that this Contract is the complete expression of the described subject matter, and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of this Contract. 29. Contract Amendments. Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated only by written amendments to this Contract. 30. Notices. Whenever this Contract provides for notice by one party to another, such notice shall be in writing and directed to each party's contact representative indicated within the contract exhibits. Any time within which a party must take some action shall be computed from the date that any associated required notice is received by that party. Unless otherwise specified in the Contract, all notices or documentation required or provided pursuant to this Contract shall be in writing and shall be deemed duly given when received at the addresses first set forth below via certified or registered first class mail, return receipt requested, personal delivery or electronic mail. However, if any of the following occur: "notice to cure" a default, Contractor communication in connection with an alleged default, or notice of termination, such notice or communication shall only be delivered personally, or by certified or registered first class mail, return receipt requested. CITY OF YAKIMA CONTRACTOR City of Yakima Yakima Housing Authority do Bill Preston c/o Lowel Krueger 129 N. 2nd Street 810 N 6th Ave Yakima, WA 98901 Yakima, WA 98902 City of Yakima do City Manager 129 N. 2nd Street Yakima, WA 98901 31. Services Provided in Accordance with Law and Rule and Regulation. The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. If there is an irreconcilable conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall control over the language contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that it controls over inconsistent contract language. If there is conflict among requirements set forth in exhibits, language contained in the lower numbered exhibit shall control unless the higher numbered exhibit provision expressly indicates that it controls over inconsistent lower numbered exhibit language. 32. Applicable Law. A. This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for Yakima County, Washington. B. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (CFR 200.216) i. Costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: ii. Contractor and Subcontractor are prohibited from obligating or expending contract funds to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produces by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 2. Telecommunications or video surveillance services provided by such entities or using such equipment. 3. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 33. No Third-Party Beneficiaries. Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. 34. Non-Waiver of Breach. Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action or failure to act by the City shall constitute a waiver of any right or duty afforded to the City under the Contract; nor shall any such action or failure to act by the City modify the terms of the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as may be specifically stated by the City in writing. 35. Emergency Response Requirements. Within three months of the execution of this Contract, the Contractor shall prepare and make available to the City upon request, the necessary plans, procedures and protocols to: A. Respond to and recover from a natural disaster or major disruption to Contractor operations such as a work stoppage. B. Continue operations during a prolonged event such as a pandemic. If the Contractor does not have any such plan as of the start of this Contract, the Contractor may request (i) an extension of the time needed to create a plan, and (ii) for assistance from the City in preparing such a plan. At a minimum, any plans, procedures, or protocols described in this section must include how the Contractor plans to continue to provide the services described in or funded by this Contract. 36. Contractor Certification. By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and conditions provided herein, it has read and understands all contracting requirements as contained in this Contract and the Exhibits and Attachments hereto. 37. Payment Procedures; Prompt Payment of Subcontractors. For Work Accepted by the City the Contractor shall furnish invoices to City of Yakima. All invoices shall be sent to the City of Yakima do Bill Preston at 129 North 2nd Street, Yakima, Washington, 98901. All invoices shall contain the following information: A. Invoice date B. Itemized account of hours worked, showing unit number of hours and per-hour rate C. Purchase order number (if provided by City of Yakima) D. Ship to address/location E. Remit address F. Item number(s) G. Description of supplies or services H. Quantities I. Unit prices J. Subtotal and totals amount K. Discount terms or amount, if applicable L. Applicable sales tax with correct tax rate based on destination M. Any other information requested by the City For each item invoiced, provide the complete description of the products, services, phases or milestones, hours worked and Contract hourly rates, or authorized fees. The City will not be bound by prices contained in an invoice that are higher than those in Exhibit B, or if not used as part of this Contract, then the current price list for this Contract approved by the City. Within thirty (30) Days after receipt of an invoice, the City shall pay the Contractor for Accepted Work, upon acceptance of payment Contractor waives any claims for the Work covered by the invoice. If the Contractor is registered with the State of Washington it shall add all applicable State sales or use taxes to each invoice and upon receipt of the payment promptly remit appropriate amounts to the State of Washington, or the City will make payment directly to the State. The Contractor agrees to pay each Subcontractor under this Contract for satisfactory performance of its Subcontract within ten (10) Days from the receipt of each payment the Contractor receives from the City. 38. Pricing. Prices shall remain firm for the duration of the Contract. The Contractor may request a price change(s) in writing delivered to the City. The Contractor shall provide documentation satisfactory to the City in support of its request. The City reserves the right, in its sole discretion, to grant the request as submitted, engage the Contractor in a discussion about modifications to the request, or deny the request in its entirety. Any change in pricing granted by the City shall be affected through a Contract Amendment instituting the price adjustment and establishing an effective date. 39. Shipping Charges All prices shall include freight FOB to the designated delivery point. The City shall reject requests for additional compensation for freight charges. 40. Force Majeure The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract; provided, however, "force majeure" shall not include the COVID- 19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Contract, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the City shall be entitled to exercise any remedies otherwise provided for in this Contract, including termination for default. 41. Severability. Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. 42. Background Checks. Contractor warrants and represents that each and every Contractor employee can meet the following requirements: (a) No convictions within the past ten (10) years for crimes involving computers, moral turpitude, including fraud, perjury, dishonesty; and (b) No adverse employment actions within the past ten (10) years regarding dishonesty or the use or misuse of computers. Contractor employees needing access to secure areas, records, or systems may be required to complete a security/background check by the City. The City may require Contractor's employees, agents, consultants or Subcontractors to complete a brief questionnaire and complete fingerprinting as part of the investigation process. The required background check will review and evaluate driving records, criminal records, employment histories, military records, personal and employment references and related information. Contractor employees failing the background check may, at the sole discretion of the City, be restricted from working within secured areas or with City systems in any capacity. The Contractor will assign alternative staff who have passed the background check to meet the requirements of the Contract. 43. Affordability Covenant, Requirements, and Monitoring A. Contractor agrees and acknowledges that pursuant to the grant funding it is required to maintain the property as affordable rental units for the required term. Contractor shall sign and record an Affordability Covenant as part of this agreement. B. The property is subject to ongoing compliance requirements of the CHIP program for twenty-five years from the date construction is complete, which may correspond to the date on which a certificate of occupancy is granted for the last housing unit. During this compliance period, Contractor will assure continued compliance with CHIP requirements. Contractor, or any other party bound, directly or indirectly by the obligations herein, shall provide to the City written verification or such other written documentation as may be required by the City or CHIP program requirements, to evidence and substantiate the qualification of any and all persons claiming to be eligible lessees of the property, or, in the case of a property transfer, eligible purchasers, if requested by the City. All such evidence shall be satisfactory to the City in its sole and absolute discretion. Each party agrees to execute and deliver to the other party any documents that are necessary or reasonably necessary to carry out the purposes and intent of this section. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: CITY OF KIMA YAKIMA HOUSING AUTHORITY .(Z.‘e(i oria Baker, C. y anager Lowel Krueger, Yakima Housi Authority ) DVD-G tql,1/2a14 Date Date CITY CONTRACT NO -" 7 RESOLUTION NO "ai'la5 Z�" EXHIBIT 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 EXHIBIT B - PRICE ATTACHMENT Budget Item Unit Price Water—System Development Charges $75,423.15 Sewer— System Development Charges $121,386.85 Water— Utility improvements $345,152.00 Sewer— Utility improvements $13,500.00 Stormwater— Utility improvements $103,000.00 TOTAL $658,462.00 EXHIBIT C - EXECUTED CONTRACT Agreement between City of Yakima &Washington State Department of Commerce through the Connecting Housing to Infrastructure Program (CHIP) program. Doouiign Envelope ID 751A5F2 -8D93-4AEF-ADB5-B005',C?B708D ArkWashington State , Department of .1, Commerce 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 I . 202? Doe-Sign Envelope D 'S1AF.F24-@D934AEF-ACE5-B005IC1871ND Table of Contents FACE SHEET ................................... 4 SPECIAL TERMS AND CONDTIIONS ... 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...... »----- M---....8 1. DEFINITIONS 8 2. ALLOWABLE COSTS _ _._____..._8 3. ALL WRITINGS CONTAINED HEREIN ...... .. ...... ..............._........._______..__.........._8 4. AMENDMENTS 8 5. AMERICANS WITH DISABIUTI ES 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. CONFUCTOF 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. NONCOMPUANCE 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 Page 20t20 Dooe.Sign Envelope 1D.751A5F241.6093-4AEF-ADB5-90061C16348D 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 ATTACHMENTB:BUDGET .. 20 DowSign Envelope';0 751A6F24-6D93-4A.EF-AD 5-g005'C'E7DeD Face Sheet Contract Number:24-9672 -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.,YakimalWA,98902, 181324-23435 Yakima,WA 98901 914 E.Spruce SL,Yakima/WA,98901, 191319-14483 415 N.Sixth Ave_,YakimaNVA,98902, 181324-12477 3.Contractor Representative 4.COMMERCE Representative Lisa Maxey,Administrative Assistant Mischa venables PO Box 42525 lisa.maxcevvvakimawa.aov 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:❑ NA: ❑ 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 S IN007122-02 397-005-272 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 r—limn!."kY r.—1 lnru:i;gm.H hq pAyt bock' .4 Dave Zabell, Interim City Manager Mark K. Barkley,Assistant Director City of Yakima Local Government Division 5/20/2024 I 9:13 AM PUT 5/20/2024 ti 12:14 PSI PDT Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 4of2A Doc.,Sign Envelcpe D '`1AcL7_{-?C62-4EF•ACE5-ACC°'.''e73e= Special Terms and Conditions 1. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for anc snail be the contact person for all communications anc b1Ilings 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 with thirty i30 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 bil 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, Inc iuding 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. Page 5 of 20 _'oa.Sign En'elop< 3 71Ac=24-eDg3-4AEF-ACE5-gaGE'C'B70BD COMMERCE may in its sole discretion. withhold ten percent 110%} from each payment until acceptance by COMMERCE of the final report(or completion of the project, etc.). 4. SUBCONTRAC:TOR 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 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 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 detemmine 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; RCA' 27.53 regarding Archaeological Sites and Resources; RCA' 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 Governors 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. Page 6 of 20 Doo Sign Envelope'D 751A6F24-8Dg3-4AEF-AD85-80051CIl87DBD 6. INSURANCE Each party certifies that !t 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. Page 7 of 20 Dooe.Sign Envelope=D 751AtT24-eD93-4AEF-ACE5-901:15'C'9.705 General Terms and Conditions 1, DEFINITIONS As used throughout this Contract,the following terms sha!I have the meaning set forth below: A. ',Authonzed 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 servioers}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 ail 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 tem•s 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 :winding 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. Page 8 off 20 Doo.Sign Envelope D 751A55F24-6D93.4,s,EF-ACE'•5-00053C1BIND 6. APPROVAL Tnis contract shall be subject to the written approval of COMMERCE's Authorized Representative and seal riot 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 expressy 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 constructor 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 ncludes: i. All material provided to the Contractor by COMMERCE that is designated as"confdentiar by COMMERCE: H. 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 i5i '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'vti'ashington, it is considered modifed to conform to that statute or rule of law. Page 9 of 20 Doa,Sign Envelope D 751AFF2 -eD924AEF-Ace5-9a051C1870eD 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 RCN and 42.23 ROW; 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 with the COMMERCE program executing this Contract. including but not limited to formulating or drafting 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. Identity 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 tre 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 atherNse 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. surreys. 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 underthis 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 nght 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. Page 10 c`20 Doe-Sign Envelop*;D 751A5F24-8D934AEF-ADB5-900°'C'E70'D 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 num'ber'. and • be mailed to the Director and the other partys (respondent's) Contract Representative within three 1.3 working says after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requester'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 snail 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 indemnify,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 attorneys 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 employees 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 ROW to the extent it is required to indemnify,defend and hold harmless the state and its agencies,officers,agents or employees. Page 11 of 20 DocuSipn Envelope ID:751A5F24-6 D83-4AEF-AD85-80051 C 18706O 19. INDEPENDENT CAPACITY OF THE CONTRACTOR. The parties intend that an inoepencent 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&l) 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. ordnances. codes, regulations and policies of local.state, and federal governments,as now or hereafter amended. 22. LICENSING. ACCREDITATION AND REGISTRATION The Contractor shall comply votr al app icable local. state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 23. LIMITATION OF AUTHORITY Only the Authonzed Representative or Authorized Representative's designee by writing(designation to oe made prior to action i 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 ^.mere 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 perfommance 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 Page 12 of 20 Doc—Sign Envelope D 75iA5F2t-dDg2-4AEF-AC25-80c5'C•E7DeD 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 flee 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 denved 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 tiling of the"Statement of Intent to Pay Prev'ailing'Nages"and",Affidavit of Wages Paid"as required by RCN 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 it which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of'W'ashington'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. Page 13 of 20 Doa:Sign Envelope D 751A5F24a8D934AEF-ACB5-0Q1:151C1B7D8D 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 requ rec by law, the Contractor shall complete reg,lstraticr with the'da'ashington 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 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 subcontact 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 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 snail 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. Page 14 of zo Doc..SIgn Envelope D 751AE 2 -e7P2-4.A.EF-ACE5-2C05'C'B-aec. 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, unenmpioymment 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 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 nght to suspend all or part of the contract, withhold further paymments, 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 otherdvise 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 terminator 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 pace is stated. do,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 Authonzed 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 Authonzed 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. Page 15 of 20 DomSign Envelope D 751A5F24-e093-4AEF-ACe5-0005'C'E7O D 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 oroers 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 anc 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: 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.Authonzed 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 Tile to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property fumished by the Contractor, for the cost of which the Contractor is entitled to he 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 {Hi) 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 otherMse 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. Page 16 of 20 Dom:Sign Envelope D 751A5F24-8D93-4AEF-ACE5-9005'C'E70CD 44. WAIVER Waiver of any defaut 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 ti-e terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE Page 17 of 20 Doc-sign Envelop_ D '51A5F24-6D93-4MEF-ADE5-91:105'C'E706D 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 81' 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 ▪ Ail stomi 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 housinc oroiect. 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.jursdictions 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.:If the project ws 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 "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 famil s income. In the context of homeownership,the definition from the Housino Trust Fund -lan>dbcok 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." "Low-income household"has the same definition as in RCbb'43.185.010(6j,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. Page 18 of 20 Dow Sign Envelope I).751A5F24- Dg3-4AEF-ADB5-0005`C"B70eD authority'.or a city monitoring process.A covenant andior 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. P —ea%M i 'w-,,:.n+ 5/'20i2024 9:13 AM PDT Dave Zahell,Interim City Manager DATE Page 19 c 20 Door-Sign En elcp€ 0 7lAc'.4.-eD93-4nEF-ACE5•6CC`'0 E73e: 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 Deparnent of Commerce S658.462 Other Funds LII-ITC 9%Tax Credit..o...., ...-._. _...�.��TT..,.m.a $11,747,000 Housing Trust Fund Commerce LL $3,600,000 Total Other Funds ;, ,,i...; " ,iVg' , ' , ^^: a f , "� $1 S, 7,4.000 Total Project Funding . w ,,A4: 4, 211 ro ,r rl "„,, " ,,. ... 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 MI 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. 1,.....,„.+u by iii,m"rgin=+.— 1,6 Dave Zabel!,Interim City Manager 5/20/2024 1 9:13 AN PDT DATE Page 20 of 20 EXHIBIT D - LOBBYING CERTIFICATION LOBBYING CERTIFICATION FORM The undersigned certifies, to the best of the undersigned's knowledge and belief, that: (1) No funds provided herein have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any state contract, the making of any state grant, the making of any state loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state contract, grant, loan, or cooperative agreement. (2) If any funds other than state appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, as attached (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code,Sec. 1001,et seq. and punishment under federal law. Lowel Krueger Printed Name Signature Executive Director (t/ aci Title Date EXHIBIT E - COST CERTIFICATION COST CERTIFICATION I certify that: 1. I have authority and approval from the governing body on behalf of UaAWIG. ("Grantee") to accept proceeds from the City of Yakima (the "City") per the Agre ment by and b,tween the City and Grantee from the City's allocation of the State Building Construction Funds for eligible expenditures included on the corresponding invoice voucher for report period July 1, 2023 through June 30, 2025. 2. I understand that as additional federal guidance becomes available, an amendment to the Contract between the City and Grantee may become necessary and agree to execute necessary amendments. 3. I understand the City will rely on this certification as a material representation in processing reimbursements or payment requests. 4. I understand the Grantee receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with §200 333 Retention requirements for records of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Such documentation shall be produced to the City upon request and may be subject to audit by the State Auditor. 5. I understand any funds provided pursuant to this certification cannot be used for expenditures for which Grantee has received any other funding whether state,federal or private in nature,for that same expense. I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under federal law. Lowel Krueger Printed Name 'ure `� Executive Director L1,/7,'I/107J1 Title Date EXHIBIT F - PROOF OF INSURANCE AC W .'Y RID CERTIFICATE OF LIABILITY INSURANCE DATE IMDDYYY) &+.2C24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- CdeTACT PRODUCER NAME: Alliant Insurance Services,Inc PHONE FAX 101 N.Tryon St,Ste 6000 E eNo Fen I,LC Not Charlotte NC 28246 ADDRESS: Al-RPoercentert allian+corn IN$URER(61 AFFORDING COYERAOE NAIC 6 LICPnse4r 0C353I61 INSURER A:Fnnceton Excess&Surplus Lin 10T85 INSURED .A°FOHOUOS jaultER B: YHA Family Housing LLC a Washington limited liability company INSURERC and Yakima Housing Auth 'I'4"rERD PO Box 1447 INSURER E- Yakima WA 98907 INSURER F COVERAGES CERTIFICATE NUMBER:1219753006 REVISION NUMBER: THIS IS TO CERTIFY THAT T1-E POLICIES OF INSURANCE USTE D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE.POLICY PERIOD INDICATED NOTWITHSTANNG ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL C ES LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY OFF POLICY ESP LIMITS LTRIN ID Y[I,O POLICY I UOINER 01E6IDO,'YYTT1 9MW .Y DDYYY1 A X CONNNERCLAL GENERAL LIABILITY N1-A3-RL-0000071-10 17t 2024 111!20.25 wLCHOCCU3RENCE 12.000.E DAMAGE TO RENTED CWIA34M3LE n OCCUR PREMISED Esoavrence• I T00,000 • X Drductte-D MED EXP Any one person', I D PERSONAL S.ADM INJURY 12,000,000 GENL.AGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE $UNLIMITED POUCY ri,I RC E LOC PRODUCTS-C'DMP.Cp AGG $2,000,000 OTHER: I A aurowoB(LE BI(.rTY 'e-A.9-R_-000CC'1-'0 1:1:2024 1.1..2C25 (Ear 3INGLE_VIT I1,000,000 ANY AUTO BODILY INJURY i".aer Demon i OWNED 2C"EDJLED BODILY INJURY(Per accl ell. I AUTOS ONLY ALTC.2 XHIRED y N.NN{'l.NE_, PROPERTY DAMAGE I AUTOS ONLY _ ALTO?.3NLv IPer acnaenn I _ A UMBRELLA LL X OCCUR N'-A.1-FF-00:002E-C!5 1:1:2024 1i1,2025 EACHOCCURRENCE 55,000,000 — X EXCESS LIAR ;;LAV2-MADE AGGREGATE 15,000,000 DED I. 1 RE•ENTION I I WORKERS COMPENSATION PER RTUTE EA 0T AND EMPLOYERS'LIABILITY Y:N ANYPROFRIETOR'PARTNETPEXECL"'E pi E.L.EACH AOCCENT I OFFICERnAEVEIEZ (CLUDEAl N:A (YYIQatOry In NH) E.L.DISEASE-EA EMPLOYEE I If:ter.,0escnte.roar CE3CR4°TION O.OPERATONS been E.L.D13EADE-POLICY BAIT I A FI e ty&Clone N'-A.7-R_-0:06:''-'J 1:L2024 11.2025 LIMIT 110C.E00 'Me': LIMIT 110,000 TerayE O5rr"naDon SUB LIMIT $15C,C-70 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES IACORO 101,ASdthonal Remarks SonolluIo.In to alIa01'ed If more WASea es required) Under the General Liability:General Aggregate Limit:Jnlimited(Replenishing Aggregate). Terronsm is included in the General Liability'.Fidelity'Crime&Tenant discrimination coverage is excluded with regard to Property Managers. The Excess Policy is Follow=orm Re:914 Spruce St E,Yakima.WA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. Proof of Insurance AUTHORIZED REPRESENTATIVE (..enetrOleelY Mocrm 0 e et. 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THE PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY RETAINED LIMIT POLICY CHANGES Date Issued. 12'2112023 Named Insured Endorsemert Number Affordable Housing Risk Pool LLC Policy Welber Endorsemert Effective N1,A3•RL.0000071.10 01101/2024 Countersigned by Ignacio Rivera '��% Adrienne W Mageras Assistant Deputy General Counsel , President and Assistant Secretary The above is required to be corn Dieted only when this endorsement s issued sjbsequent to the preparation of the aol cy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART SCHEDULED ADDITIONAL INSUREDS-MORTGAGEES, ASSIGNEES, RECEIVERS, OR CO.OWNERS OF PROPERTIES OWNED AND OPERATED BY NAMED INSUREDS This endorsement changes the policy effective an the inception date of the policy unless another date is indicated above. A. With respect to the General Liability Coverage Part only, the definition of Insured in the Liability Claims Administration, Exclusions, Conditions and Definitions section of this policy is amended to include as an additional Insured the lenders,investors mortgagees,assignees,receivers or co-owners of properties owned and operated by a Named Insured with whom you have agreed in a written contract or written agreement that such person or organization be added as an additional Insured in your policy, Such person or organization is an Insured only with respect to their liability as lenders, investors mortgagee, assignee, receiver or co-owner and arising out of the ownership, maintenance, or use of properties owned or operated by a Named Insured, Any person's or organization's status as an additional Insured under this endorsement ends when this policy terminates,the contract or agreement terminates, or the specified activity or operation terminates,whichever occurs first. B. The contract or agreement referred to in Paragraph A. above must: 1,Be in effect at the inception of the Policy Period or become effective dunng the Policy Period; and 2, Have been executed prior to the Bodily Injury, Property Damage, Personal Injury and Advertising Injury covered under this Coverage Part. C, The Limits Of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement:or 2, The Each Occurrence Limit available to each Named Insured with whom the additional Insured has entered into by contract for this policy, whichever is less, These Limits Of Insurance are subject to and not in addition to the Limits Of Insurance shown in the Declarations. D. The coverage provided by this endorsement to any additional Insured does NOT apply to any Bodily Injury, Property Damage, Personal Injury and Advertising Injury arising out of the sole negligence of such Copyrght 2023 Mur cn Reinsurance Amerce,Inc.. Includes copyirjhted material of She Insurarce Services Office.Inc.,with its permission, RL 2032K 12/23 Page 1 of 2 AHRP additional Insured. E, Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured,this insurance applies: a, As if each Named Insured were the only Named Insured;and b, Separately to each Insured against whom Claim is made or Suit is brought, F. The coverage provided by this endorsement to the additional Insured shown in the above Schedule does NOT apply to any Bodily Injury, Property Damage or Personal Injury ard Advertising Injury arising out of the sole negligence of such additional Insured. G. Subject to the terms and conditions set forth above,this insurance is primary when you have agreed in a written contract, written agreement or written permit to include that additional Insured, shown in the Schedule; on your General Liability policy on a primary andior non-contnbutory basis, However, this insurance shall be excess when any other primary insurance available to you for damages to which this Coverage Part applies and the person or organization shown in the Schedule is a Named Insured under such other insurance, H, We will give 30 days written notice of cancellation before we remove the person or organization (the additional Insured) shown in the Schedule from this policy. Otherwise, this endorsement is effective on the date shown in the Schedule until the earlier of the following' a, The cancellation or termination date of the written contract or agreement between the Named Insured and the Person or Organization(the Additional Insured)shown in the Schedule; b. The Cancellation or expiration date of this policy. SCHEDULE—Additional Insureds The person(s)or organi7ation(s)shown in the Schedule below are additional Insureds as provided in,and subject to the terms and conditions of, Paragraphs A.through H.of this endorsement,but only with respect to their liability as lenders, investors mortgagee, assignee,receiver or co-owner and arising out of the ownership, maintenance, or use of the designed location shown in the Schedule below that is owned or operated by a Named Insured, Person Or Organization (Additional Insured) Designated Location As required by written contract Locations per certificate of insurance As your interests may appear CopyriK 2023 Munch Reirmaance Amenca,Inc. I nduci es copyrighted material of the insurerito Sir cos Office,Inc..with its vgnilssion. RL 2032K 12/23 Page 2 of 2 AHRP AC RII EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE PIroorrYYY) 8f 512024 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TFNS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE ADDITIONAL INTEREST. PRODVCERNAME IPHONE MSS)lMS-717S COMPANY NAME AND ADDRESS NAIC NO:1071M CONTACT PERT AND ADDRESS /I,OC.NO Fitt- J1iant In:u ance Sep'.ice:.LLC Princeton Esce.v&Surplus Lure:In:mane C ompany 3^3 C'ark.Sheet `College Road Eat Clucazo. Z 6C654 Princeton.`;; 085435'41 FAX E-MAIL 11141tPconconloollAIIImxtoorn F MULT PLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH IA+C,Nol:NA Avollaatm ADDRos 3� CODE: SUE CODE: POLICY TYPE AGENCY Commercial Property CUSTOMER 1 I: NAMED INSURED AND ADDRESS LOAN NUMBER LI R POCY ARJMEER YHA ramh-Hem . LLC N1-A3-RL-0000a71-10 a Wshsia;Msa Naiad =pray Pr Bea 1i47 EFFECTIVE DATE EXPIRATION DATE raiin:,.4A?s9:.7 01 01 2024 0101202. coo/rm./Er)LPITIL ri TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(SI THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION(ACORD 101 may be attached if more space is required) ® BL-ILDL\G OR ®BUSINESS PERSONAL LOCATION t DESCRIPTION Re 914 Spruce Sr E.Yakrma.WA THE POUCIES OF INSURANCE LIMED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ COVERAGE INFORMATION PER ILO INSURE a BASIC BROAD X SPECIAL COMMERCIAL PROPERTY COVERAGE AMOUNTOFINSURANCE: $ 532.2O6.4D3 DEC:SS,OCC YES NO NM ❑BUSINESS INCOME ® RENTAL VALUE X I'YES,LIMIT.S 1,391,550 l 1 Actual Loss Sustadnes;a<of mDn1hS:12 B,ANKET COVERAGE X r YES.Innate value*}reported on property laentllea above:S TERRORISM COVERAGE X Attach DlscbsureNoticer DEC IS THERE A TERRORISM-SPECIFIC EXCLUSION' IS DOMESTIC TERRORISM EXCLUDE ? X LIMITED FUNGUS COVERAGE X KYES,LIMIT: DED: FUNGUS EXCLUSION?ft-YES",5Dedfy DRganlzat on's'PT ule®) X REPLACEMENT COST X AGREED VALUE X COINSURANCE X rY=_S, EQUIPMENT BREAK.DOWNOlAppIIcaDel X r YE a-,LIMIT: S 32.206,4CC DES:SS,OCC ORDINANCE OR LAW •Coverage tor:ass to undamaJedOOrtian D Dg X t'YES,LIMIT: See Be+aw DED:S5.100 -DEMamon COEts X I.YES,LIMIT' See Bee* DED:55.000 -Incr.C Ds D!ConstTUCtOn X I!YES,LIMIT: See Bev* "DED:55,000 EARTH MOVEMENT IIfApp lcaDle; X ITYES,LIMIT: DED: FLOOD OfApolIcabe; X rYES,LIMIT: DED: WIND!HAIL INCL 0 YE3 0 NO SUDiectto DIfrererl oroa1SoOns: X rYES,LIMIT: 532,205,40C DED:55,000 NAMED STORM INCL ❑YES ❑NO Subject to DIferer.arovrcons: X I"YES,LIMIT 532,2C5.40C DED:S5,000 PERMISSION TO WAIVE SUBROGATION.IN FAVOR OF MORTGAGE X HOLDER PRIOR TO LOSS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH NE POLICY PROVISIONS. ADDITIONAL INTEREST CONTRACT OF SALE ,..ENDER 3.-033 OVA&.E L03C PAYEE LENDER.SERVICEIG AGENT NAME AND ADDRESS • MORT3AOEE NAME AND ADORES I Proof of LasluanTS AUTHOPIQ®REPRESENTATIVE Cotu'trte% ?�PoDt-L°•(j.•ie1'ye1tttc[.lt: 2003-2015 ACORD CORPORATION.All rights reserved. ACORD 28(2016103) The ACORD name and logo are registered marks of ACORD ACOR1, AGENCY CUSTOMER ID: LOC ADDITIONAL REMARKS SCHEDULE Page=of - AGENCY NAKED INSURED Jhant Insw•aace Sera:ice:.Lit YHA Family Homing at PotroYNUMBER a asEnzton:tatted lra'ariaty compan_; PO Bet 144' See paper y Arann WA 9S9C— CARRIER NAIC CODE Zee Pape I tee Pape' EFFECTIVE DATE:tee Page I ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 28 FORM TITLE: Evidence of Commercial Property Primary:Princeton Excess it Surplus Linea Insurance COmEpany Policy Number:N1-A3-1"L-0000071-10 Policy Period 1:1 20224-1 1 2025 Limit.S2,000,000 XS Property:Princeton Excess&Staples Lines Insurance Company Policy Number:N1-3-2 -0000021-09 Policy Period 1'12024-1 12025 Limit S5.000.000,a S2,000.000 XS Property.Axis Staples Insurance Company Policy Number.EAF671431-24 Policy Period 1.1 2024-1 1,2025 Limit 50'.or$2 53.1 pert of$5,000.000 a$7,000.000 XS Property:Ironshore Specialty Insurance Company Policy Number:1000508748-03 Policy Period.1 1 20 4-1 1'2025 Limit 1510 or$756.000 pat of$5,000.000 a 87,000,000 XS Property:Evanston Insurance Company Policy Number.SIE8.V52PRO01889 Policy Period 1.'120C4-1:1 2025 Limit I5'.or$750.000 pert of 15,000,000 a 37,000.000 XS Property.Endurance American Specialty Insurance Company Policy Number:ESP30029396701 Policy Period:I.1'2024-112025 Licit 20,.or 11.000.000 pert of 35.000,000 a$7,000,000 XS Property:Travelers Excess&Surphrs Policy Number:ICI'¢XSP-9509231.6-24 Policy Priori 1'1.2024-1 1 2025 Limit S 10,009.000 a S 12.009.000 XS Property:Evanston Insurance Company Policy Number.4ffi 1'5XPBD01889 Policy Period.1,'1 2024-1 12025 Limit 17!i or$4 253f part of S25.000.000 x 822.000.000 n Property:Landmark A nencan Insurance Company Policy Number:LHD938468 Policy Period L'I 2024-1.1 2025 Limit 401 i or 110.000.000 peat of 525.000.000 a 322.000.000 XS Property:Aspen Specialty Insurance Company. Policy Number.PXO07i AO24 Policy Period 1.1.20C4-1;I_025 Limit 155e or$3,750,000 part of 325.000.000 a 522,000.000 XS Property:Lexington Insu ice Company Policy Number.065465750 Policy Period 1 12024-1.1 2025 Lamm 28111 or 17.000.000 part of 325.000.000 a$22.000.000 Property Tenorrl s=Carrier.I8scoa Policy Number:LT52568191 24 Policy Period:11:2024-1.12025 Limit Member Limit-Not to Exceed$47.000.660 Building OrdinanceCode Upgrade-IDclhrded.not to exceed 125°.of stated value P.eplacenuent Cosa-125•.of Agreed Value ACORD 101(2008I01) !2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY LOSS PAYABLE PROVISIONS WITH SCHEDULE Date lssJed: 12/21/2023 Named Insured Endorsement NJrnna.r Affordable Housing Risk Pool LLC Policy Nurruer Endorsement Effective NI.A3-RL.0000071.10 011012024 Countersigned by t�acio Rivera r Adrienne W Mageras Assistant Doputy General Counsot President and Assistant Secretary The above is required to be comaleteo only when this endorsement is issued r.absecuent to the prt:n atior• -f^r: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsi,nent modifies insurance provided under the following: REAL AND PERSONAL PROPERTY COVERAGE PART (This endorsement changes the policy effective on the inception date of the policy unless another dale is indicated above,) The following is added to the Loss Payment Condition in the Property Conditions and Definitions form, as indicated in the Schedule below: A. Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule have an insurable interest, we will: 1. Adjust losses with you;and 2. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. B. Lender's Loss Payable 1, This provision applies when the Loss Payee shown in the Schedule is a creditor,including a mortgageholder or trustee, whose interest in Covered Property is established by such written instruments as: a. Warehouse receipts; b. A contract for deed; c. Bills of lading: d. Financing statements;or e, Mortgages, deeds of trust, or security agreements, 2. For Covered Property in which both you and a Loss Payee have an insurable interest: RL 3008 Amended-13 01'03 Page 1 of 2 HARRP-AHRP a. We will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. b. The Loss Payee has the right to receive loss payment even If the Loss Payee has started foreclosure or similar action on the Covered Property. c, If we deny your claim because of your acts or because you have failed to comply with the Terms of the Coverage Part,the Loss Payee will still have the right to receive loss payment if the Loss Payee: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the Loss Payee, All of the terms of this Coverage Part will then apply directly to the Loss Payee. d, If we pay the Loss Payee for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The Loss Payee's rights will be transferred to us to the extent of the amount we pay; and (2) The Loss Payee's rights to recover the full amount of the Loss Payee's claim will not be impaired. At our option.we may pay to the Loss Payee the whole principal on the debt plus any accrued interest, In this event, you will pay your remaining debt to us, 3. If we cancel this policy,we will give written notice to the Loss Payee at least: a, 10 days before the effective date of cancellation if we cancel for your nonpayment of premium;or b. 30 days before the effective date of cancellation if we cancel for any other reason, 4. If we elect not to renew this policy, we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy, C. Contract of Sale 1, This provision applies when the Loss Payee shown in the Schedule is a person or organization you have entered a contract with for the sale of Covered Property, 2. For Covered Property in which both you and the Loss Payee have an insurable interest we will: a. Adjust losses with you; and b, Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear, 3, The following is added to the Other Insurance Condition in the Property Conditions and Definitions form: For Covered Property that is the subject of a contract of sale, the word "you"includes the Loss Payee. All other terms and conditions remain unchanged, SCHEDULE Loss Payable, Lender Loss Payable Prom No.Bldg.No.and Description of Property and Mortgagee(name and address) Pe- Cert 4.1cate 0-I 'sura-ce Locations per certificate of Insurance RL 3008 Amended-8 03/03 Page 2 of 2 HARRP-AHRP Cert No. 25562 CERTIFICATE OF COVERAGE ME DATE IMMICONYI 8/7/2024 THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION ONLY AND CONFERS Producer NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND. HOUSING AUTHORITIES RISK RETENTION POOL EXTEND OR ALTEIC THE COVERAGE AFFORDED BY THE POLICIES BELOW 4660 NE 77th Ave.,Suite 310 Companies Affording Coverage Vancouver.WA 98662 (360)574-9035 Company HARRP (360)574-9401 FAX Housing Authorities Risk Retention Pool Covered Entity Letter A Housing Authority of the City of Yakima Company PO Box 1447 Yakima,WA 98907 Letter B Caveersges THIS IS TO CERTIFY THAT THE POLICIES LISTED BELOW HAVE BEEN ISSI ED TD THE COVERED ENTITY NAMED AROVE fYOR THE POLICY PERIOD W DECATED HOIWLTHSTAd7DINO ANY EFf[)J1I311E11ENT. TERM OR CONOETIITN OF ANY CONTRACT I1B OTHER DOCUMF.VTS WITH RESPECT TO R'MCH THIS CERTW1C.ATE.MAY BE LSt1JED OR MAY PERTAIN THE INSURANCE AFADRDED BY THE PCAICIES DESCRIBED HEREIN IS SUBIEtT TO ALL THE.TERMS,EM 1.Il ITINS AND CONDITIONS OF SE.ICN POLICIES LIITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. CO CERTIFICATE EFFECTIVE CERTIFICATECTR TYPE OF INSTANCE POLICY NUMBER DATE.IMRI'DDh'1ry EXPIRATION ALL LIMITS DATE IMMIDIQ'Y'V i GEMEIAL GENERAL LIABILITY AGGREGATE T2,000.000.00 EACH 1�� � RL O NE AL LLARILITY OCCURRENCE 32.000.000.Oo A 00060-PLEAF 8/112024 11112025 TIRE DAMAGE(any CLAIMS'+IADE XX OCCURRENCE FIF 12.000.000.00 - carOWNERS'&CONTRACTOR'S PROT. MEDICAL EXCLUDED AL1OMOBILE LIABUZIY COMBINED SINGLE LDAIF ALL ODD AUTOS BODILY INJURY (PER AOCIDENT) 00060-PLEAF 811/2024 111/2025 PROPERTY SCHEDULED AUTOS DAMAGE HIRED AUTOS ANNUAL NON-OWNED AUTOS AGGREGATE 00060-PLEAF 8/11202 t 111/2025 DESCRIPTION OF OPERATIONSrLOCATIONSNEMCLESILESTRICTIONSSPECIAL ITEMIS AS RESPECTS: 415 N.6THEAVE..YAKIMA,Wk98902 Per Ike interest of the CERTIFICATE HOLDER I ADDITIONAL COVERED PARTY as shown below: Certifeate Holier CANCELLATION SHOCID ANY OL THE ABOVE DIACRICED POLICIES BE CANCELLED SPORE THE EXPIRATION DATE THEREM THE ISSUING COMPANY WILL ENDEAVOR TO WAIL JO DAYS WRITTEN NOTICE TO TICE CERTIIICATE HOLDER.NAMED TO Till LEFT.BHT FAILURE TO MAIL MICA NOTICE SHALL IMPOSE NO OBLIGATION OI LIABILITY OF ANY MIND LION THE COMPANY,flE AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CITY OF YAKIMA 129 N.2ND ST. YAKIMA,WA 98901 WILLIAM E.GREGORY,EXECUTIVE DIRECTOR Cert No.25562 ENDORSEMENT COVERED ENTITY: Housing Authority of the City of Yakima PO Box 1447 Yakima,WA 98907 MEMBER NO.: H060 COVERAGE PERIOD: 8/1I2024-U1/2025 LOCATION I ACTIVITY: AS RESPECTS: 415 N.6THE AVE.,YAKIMA,WA 98902 IT IS HERBY AGREED THAT THE FOLLOWING IS INCLUDED AS ADDITIONAL COVERED PARTY(IES)AS RESPECTS THEIR INTEREST IN THE PROPERTY(TES)1 ACTIVITY(IES)NAMED ABOVE: CITY OF YAKIMA ITS SUCCESSORS AND/OR ASSIGNS 129 N.2ND ST. YAKIMA,WA 98901 ALL OTHER TERMS AND CONDITIONS REhLAN UNCHANGED 8/7,12024 — l DATE WILLIAM E.GREGORY,EXECUTIVE DIRECTOR HOUSING AUTHORITIES RISK RETENTION POOL Cert No.21513 CERTIFICATE OF COVERAGE ISMSE DATE'IMMINVINI 12/11/2023 THIS MK*ICAlf.IS ISSUED AS A mietwt OF INFORMATION ONLY ANO CONFERS Producer NO RIGID'S UPON THE CERTIFICATE IIOLDER THIS CERTIFICATE DOES NOT AMEND, HOUSING AU!HORI I1F,S RISK RETEN I ION POOL EXTEND UR ALTh&THE°OVERAGE AFFORDED BY THE POL.TUFS BELOW 4160J NE 77th Ave_Suite 310 Compaales Affording Coverage Vancouver,WA 98662 (360)574-9035 Company IIARRP (360)574-9401 FAX Housing Authorities Risk Re iention Pool Cowered Canty Letter A Housing Authority of the City of Yakima Company PO Bus 1447 Yakima,WA 98907 Letter B coveasses THIS IS TO CERTIFY THAT THE POTICIFS LISTED HIS CfW HAVE BEEN ISSUED TO II*COSTAE°ENITI Y NAMED ABOVE FOR TM POLICY KRUM NOR Amp"SI tIVITFITSANDINCi ANY RFOUIRUSONT, ITEM OR CONDITION OP ANY CONTRACT OR DORM INX-LNIFNTS WIT/1 RESPECT 1 0 POOCH THIS CERTDIC ATE MAY BF ISSUED CR MAN FINIALS THE INSUPANCY AFFORDED BY 110 P1K IL US DESCRIBED ERIONIS NuarEcT TO Au,THE'MIMS EXCLUSDONS AND f.°MATIONS 01'SUCH POLICIES LETS SHOWN MAT HAVE DIAN RED. .1.13 11Y PAID CLAIMS CERTIFICATE co efRi If KATE Er FEr't TYPE or INSLMANCI POLICY NUISOIER LM'ItiA NON ALL mins I IR DATE IMMIDIVINI DAUE IMMIUDP(Y) GENERAL LIABILTri GENTRAL S2,000.1300 00 I ADORE:GAIT _XX_ COMMERCIAL GENERAL LIABILITY FAQ{ S2,000,000 00 A 00060-PLEAF 1/1/2024 1/1/2025 C OCCURRENCE CLAIMS MAUI: FIRE DAMAGE kany ..XL (COM ENCL., 0,9001a 00 oxiz Fucl OWNER '&CONRACIOR'S PROT MEDZCAL EXCLUDED EXMNSES AUTOMOBILE LIABILITY COMBINED 501(146.1,Ni OWNH)AMOS BODILY INJURY (PER AOLIDENT) 110060-PLEAF 11112024 1/1/2025 SCHEDULED AUTOS PROPERTY DAMAGE I1RED AUTOS mama NON-OWNED AUTOS AGGREGATE 00060-PLEAF 111/2024 I/1/2025 DEbC:RJETION O1 OFF.:RATIONSI.00AT1ONSNEIIICLESTI.ESTPUCJIONStSPIXIAL rrEms A...5 RESPECTS: BARE LAND LOT 316 Lewis Ave F Parcel 41813243435 Per the interest of the CERTIFICATE IIOT.DER I LENDER's LOSS PAYEE"ADDITIONAL COVERED PARTY as shown below: CernBeate Bolder CANCELLATION SHOVLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE USE EXPIRATION OATS Turmas",'Tat WONG Co441,s,NY WILL ENDEAVOR TO MAIL15 OIlS%Wilt N Nona, TO TEE filMINCATE HOLDER NAMED TO THE LITE SOT TATILRE TO MAIL SECH NOTICE SHALL IMPOSE PIO OBLIGATION OF LIABILITY OF ANY MIND I:PON THE COMPANY ITS AGENTS OR REFILESTS ALT/Mari ID REPRESENTATIVE WASHINGTON STATE HOUSING FINANCE COMMISSION 1000 2ND AVENUE,SUITE 2700 SEATTLE,WA 98104-1046 WILLIAM E.GREGORY,EXECUTIVE DIRECTOR Ccr1No.21513 ENDORSEMENT COVERED ENTITY: Housing Authority of the City of Yakima PO Bot 1447 Yoldula,WA 98907 MEMBER NO.: 11060 COVERAGE PERIOD: I/1/2024-I/1/2025 LOCATION/ACTIVITY: AS RESPECTS: BARE LAND LOT 316 Lemb Ave I Parcel P1613243435 IT IS I IERBY AGREED THAT THE FOLLOWING IS INCLUDED AS ADDITIONAL COVERED PARTY(IES)AS RESPECTS THEIR INTEREST IN THE PROPERTY(IES)/ACTIVITY(IES)NAMED ABOVE: IT IS HERBY AGREED THAT THE FOLLOWING IS INCLUDED AS LENDER'S LOSS PAYEE(S)AS RESPECTS THEIR INTEREST IN THE PROPERTY(IES);ACTIVITY(IES)NAMED ABOVE: WASHINGTON STATE HOUSING FINANCE COMMISSION ITS SUCCESSORS AND/OR ASSIGNS 1000 2ND AVENUE.SUITE 2700 SEATTLE,WA 98104-1046 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED 12/1112023 DATE WILLIAM E.GRF,GORY,EXECUTIVE DIRECTOR HOUSING AUTHORITIES RISK RETENTION POOL EXHIBIT G - CERTIFICATION PERFORMANCE MEASURE — PREVAILING WAGES STATE OF WASHINGTON ) ) ss County of Yakima I, loimil , certify under penalty of perjury of the laws of the State of Washington as follows: 1. Yakima Housing Authority Scattered Development Project is constructing an affordable housing project (Project) commonly known located at [addresses] within the City of Yakima. 2. The Project will need to connect to City utilities. The Washington State Department of Commerce has a grant opportunity to help those constructing affordable housing to be reimbursed funds for such connections. 3. Yakima Housing Authority Scattered Development Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the Project funded by the Department of Commerce CHIP grant, including, but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and the "Affidavit of Wages Paid" as required by RCW 39.12.040. 4. Yakima Housing Authority Scattered Development Project shall provide all documentation of the "intent to pay prevailing wages" and before the final funds are paid to Justice Housing Project from the City, an "affidavit of wages paid" from Washington State Labor & Industries department shall be provided. 5. Yakima Housing Authority Scattered Development Project shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available to the City and Washington State Department of Commerce review upon request. 6. Yakima Housing Authority Scattered Development Project acknowledges that this is a requirement of the grant of funds to the Project and failure to follow the requirements regarding prevailing wages will result in a denial of all requests for reimbursement of costs and expenses outlined in the Project application for the CHIP funds. 7. Yakima Housing Authority Scattered Development Project, through my signature as a lawful representative of the Project, certifies that the affidavit set forth above has been reviewed and approved by Yakima Housing Authority Scattered Development Project and their subcontractors as of the date and year written below. DATED this 'fl4 day of w+ , 2024 jzo ed] yy On this L. ! day of II.i( ;� .4 , 2024, I certify that I know or have satisfactory evidence that k; , t: ,r ,t ,,Y' r Of. of the Yakima Housing Authority Scattered Development Project, and acknowledged that they are authorized to execute the foregoing instrument for and on behalf of Yakima Housing Authority Scattered Development Project and said person acknowledged that they signed this instrument and acknowledged it on behalf of Yakima Housing Authority Scattered Development Project for the uses and purposes mentioned in the instrument. \\ \ HE ii, ^ .' �?ae• �''; 04. C � y .1 5i1i f r J TO "° NOTA Y'PUBLIC in and for the State of �: $OTP -• C Z=_ Washington, residing at: R.lCt � UB�1 •�� My commission expires:..,, i; " P.'. ram'.. J,I' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.N. For Meeting of: January 7, 2025 ITEM TITLE: Resolution authorizing a contract with Yakima Housing Authority for system development charges and utility infrastructure improvements through CHIP grant program SUBMITTED BY: Bill Preston, P.E., Community Development Director SUMMARY EXPLANATION: The contract agreement between the City of Yakima and Yakima Housing Authority (YHA)will reimburse YHA for$658,462 through the Connecting Housing to Infrastructure Program (CHIP). Funds will financially assist YHA by covering sewer, water, stormwater improvements, and system development charges for a new housing project. This 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. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resol ution_C H I P-YHA.docx YHA CHIP Contract.pdf