HomeMy WebLinkAboutR-2016-095 HOME Funds Agreement with Yakima Housing Authority; Renovation of Ten Existing Low Income Housing UnitsA RESOLUTION
RESOLUTION NO. R-2016-095
authorizing the City manager to execute an agreement with Yakima
Housing Authority (YHA) in the amount of up to Four Hundred Fifty
Thousand Dollars ($450,000) in federal housing and urban
development HOME funds under CFDA Contract #14 239 for
rehabilitation of ten low income housing units in the City of Yakima
WHEREAS, the City received money from the federal government's HOME funding
program under CFDA Contract #14 239 in the amount of $450,000 00, which must be used
to invest in affordable housing in the City of Yakima; and
WHEREAS, The YHA owns, operates and manages numerous low to moderate income
housing units within the City of Yakima, including Pioneer Plaza, a series of multi -family
housing units for low to moderate income persons and families, and
WHEREAS, the Pioneer Plaza units need updates and rehabilitation to continue to provide
low and moderate income individuals and families access to safe, clean and affordable
housing, and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of its
residents to enter into an agreement with YHA to rehabilitate ten units of affordable housing
with federal monies provided by HUD through the HOME Investments program, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with Yakima Housing
Authority (YHA), in the amount of Four Hundred Fifty Thousand dollars ($450,000) in federal
housing and urban development HOME Investment funds to provide rehabilitation and
improvement to ten units of affordable housing for low to moderate income persons within
the City of Yakima A copy of the agreement is attached hereto.
ADOPTED BY THE CITY COUNCIL this 19th day of July, 2016.
ATTEST: ASi - Gutierrez,
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Sonya Cla r Tee, City Clerk
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AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
AND AWARDEE - Yakima Housing Authority
1 AWARDEE. Yakima Housing Authority
2 Address: 810 N 6th Ave, Yakima, WA 98902
3. Phone (509) 453-3106
4 Contact Person Lowel Krueger, Director Yakima Housing Authority
5 Title of Service or Program being funded Multi -family Rehabilitation of ten units in
Pioneer Plaza. (Addresses listed in Exhibit D.)
6 Amount of Contract Award $450,000 (HOME) CFDA Contract # 14.239
7 The term of this Contract shall commence upon the execution date of Contractors'
receipt of "Letter to Proceed" from City of Yakima Office of Neighborhood Development
Services and terminate on December 31, 2017 at midnight, unless sooner terminated by
either party in accordance with Section XXII of Exhibit "A", attached hereto and
incorporated herein by this reference
8 This contract award and the rights and obligations of both parties hereto shall be subject
to and governed by the following
(a) "Terms and Conditions" attached hereto as Exhibit "A" and incorporated
herein by this reference, and
(b) Operating budget including the funding sources and uses statement and
the work plan, attached hereto as Exhibit "B" and incorporated herein by this reference
(c) City of Yakima Resolution No R-2016- , a copy of which is attached
hereto as Exhibit "C" and incorporated herein by this reference
9 Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B", and satisfaction of all contract terms and conditions as stated in
Exhibit "A", Exhibit "B" and Exhibit "C"
This written document, together with all of the incorporated exhibits hereto, constitutes the entire
Contract and terms of agreement between the parties hereto
IN WITNESS THEREOF the parties have executed this Contract as of the day and year stated
below
CITY OF YAKIMA
Cli „pg., City Manager
Date 7/(41/(,‘
CITY CONTRACT NO. ‘2.0/6 -/V2
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1 of 21 RESOLUTION NO:
Title. Director, Yakima Housing Authority
Date 1/I '/Ze'l
Joan venport, I D Di ''ctor
Date.
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Sonya Cla?r'Tee, City Clerlk
City Contract No
2 of 21
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EXHIBIT "A"
TERMS AND CONDITIONS
WITNESSETH
WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program Funds from
the U S Department of Housing and Urban Development (HUD), The City of Yakima, hereby
designates the AWARDEE to undertake, and the AWARDEE hereby agrees to undertake that
certain community development or housing assistance project described in Exhibit "B", Scope of
Work (hereinafter "the project")
NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terms and conditions hereinafter stated, the
parties hereto understand and agree as follows
Section I — Definitions
A. AGENCY — is hereby defined as the Office of Neighborhood Development Services, the
HOME Program administering agency of the City of Yakima. For the purpose of this Agreement
and all administration of HOME funds, the AGENCY shall act on behalf of the CITY in the
execution and fiscal and programmatic control of this agreement. The term "Approval by the
CITY" or like term used in this Agreement shall in no way relieve the AWARDEE from any duties
or responsibilities under the terms of this Agreement, or obligation State or local law or
regulation
B. FEE — is hereby defined as the amount of money the CITY agrees to pay and the AWARDEE
agrees to accept as payment in full for all the professional, technical and construction services
rendered pursuant to this Agreement to complete the WORK as further defined in Section III -
SCOPE OF WORK, hereof
C WORK — is hereby defined as all the professional, technical and construction services to be
rendered or provided by the AWARDEE as described here
D PROJECT — is defined in Section IV below
E HOME — is hereby defined as the HOME Investment Partnerships Program as described in24
CFR Part 92, under the authority of 42 U S C 3535 (d) and 12701 - 12839.
Section II — Term
The AWARDEE expressly agrees to complete all work required by this agreement in
accordancewith the timetable set forth
Milestone Deadline
Project Start Date.Date of signature
Interim Milestones/Deadlines (list below):
Project Completion Date. December 31, 2017.
In addition, this project is subject to ongoing compliance requirements of HOME for Fifteen (15)
years from the date of project completion During this compliance period this agreement will
remain in effect until the 15 year anniversary date of project completion, the AWARDEE will
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assure continued compliance with HOME requirements For homebuyer units this includes
monitoring units for principal residency and recapture of funds at time of resale For rental units,
this includes ongoing property standards, occupancy and rent limits compliance Timely
completion of the work specified in this agreement is an integral and essential part of
performance The expenditure of HOME funds is subject to Federal deadlines and could result
in the loss of the Federal funds By the acceptance and execution of this agreement, it is
understood and agreed by the AWARDEE that the PROJECT will be completed as
expeditiously as possible and that the AWARDEE will make every effort to ensure that the
project will proceed and will not be delayed Failure to meet these deadlines can result in
cancellation of this contract and the revocation of HOME funds Since it is mutually agreed that
time is of the essence as regards this agreement, the AWARDEE shall cause appropriate
provisions to be inserted in all contracts or subcontracts relative to the work tasks required by
this agreement, in order to ensure that the PROJECT will be completed according to the
timetable set forth. It is intended that such provisions inserted in any subcontracts be, to the
fullest extent permitted by law and equity, binding for the benefit of the CITY and enforceable by
the CITY against the AWARDEE and its successors and assigns to the project or any part
thereof or any interest therein
In the event the AWARDEE is unable to meet the above schedule or complete the above
services because of delays resulting from Acts of God, untimely review and approval by the
CITY and othergovernmental authorities having jurisdiction over the PROJECT, or other delays
that are not caused by the AWARDEE, the CITY shall grant a reasonable extension of time for
completion of the WORK. It shall be the responsibility of the AWARDEE to notify the CITY
promptly in writing whenever a delay is anticipated or experienced, and to inform the CITY of all
facts and details related to the delay
Section III — Scope of Work
The AWARDEE, in close coordination with the CITY, shall perform all professional services (the
"WORK") necessary to complete the development and occupancy of the following project in full
compliance with the terms of this Agreement, Exhibit "B" project description, including HOME -
assisted units description & compliance term)
It is understood that the AWARDEE will provide a specific working budget and realistic timetable
as relates to acquisition, construction/rehabilitation, soft costs, development fees and other
allowablecosts/activities prior to any fund usage Said budget shall identify all sources and uses
of funds, and allocate HOME and non -HOME funds to activities or line items. The
aforementioned Work tasks will be performed in essentially the manner proposed in the
AWARDEE's proposal was received by the AGENCY on June The aforementioned document
will be considered to be a part and portion of this agreement for reference
Section IV — Reimbursement of Expenses & Developer Fees
A. GENERAL.
Project expenses (excluding developer fee) shall be paid based on vouchers for actual
expenses incurred or paid Requests for payment must be submitted by the AWARDEE
on forms specified by the CITY, with adequate and proper documentation of eligible
costs incurred in compliance with 92 206 and necessary for HUD IDIS disbursement
requirements All such expenses shall be in conformance to the approved project
budget. Budget revision and approval shall be required prior to payment of any
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expenses not conforming to the approved project budget.
The City reserves the right to hold payment until adequate documentation has been
provided by the Contractor and reviewed by the City The Contractor agrees to the
following provisions in satisfying the terms and conditions of this contract:
B PAYMENT AND DISBURSEMENTS.
Disbursements by the City of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the Contractor or obligations of the
Contractor currently due and owing, but not paid. Disbursements shall be limited to
allowable costs and so shall be made upon the occurrence of all the following, in
addition to any other conditions contained herein or in the special conditions
1 Receipt by the City of Yakima ONDS of a written reimbursement request
on forms provided by the City of Yakima ONDS supported by copies of
vouchers, invoices, salary and wage summaries, or other acceptable
documentation, and
2 Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable costs
under the principles set forth in Federal Management Circular 74-4
"eligible costs under the CDBG Program" and that also fall within the
applicable Project Budget.
The Contractor shall submit monthly written claims for reimbursement of services
performed under this Agreement.
C No payment shall be made for any service rendered by the Contractor except for
services within the scope of a category set forth in the budget in Exhibit "B" of this
Contract, and all funds received must be used for service as identified in Exhibit "B" of
this Contract.
D 1. The Contractor shall submit to the City of Yakima ONDS a written request for
approval of budget revision when a proposed revision would result in an increase or
decrease of ten percent (10%) or more per home, from what has been set forth in the
approved budget subject category. The City's written budget revision approval must be
received by the Contractor prior to the Contractor incurring any expenditures against the
revised budget subject categories
2 When the revision of the Contractor budget does not exceed ten percent (10%)
of an approved budget subject category, the Contractor must submit a revised budget to
the City of Yakima ONDS prior to the submittal of claims against the budget.
E CITY reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable The CITY also reserves the
right to hold payment until adequate documentation has been provided and reviewed
F AWARDEE may submit a final invoice upon completion Final payment shall be made
after the CITY has determined that all services have been rendered, files and
documentation delivered, and units have been placed in service in full compliance with
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HOME regulations, including submission of a completion report and documentation of
eligible occupancy, property standards and long-term use restrictions.
G CITY shall have the right to review and audit all records of the AWARDEE pertaining to
any payment by the CITY Said records shall be maintained for a period of five years
aftercompletion.
Section V — Project Requirements
The AWARDEE agrees to comply with all requirements of the HOME Program as stated in 24
CFR Part 92, including but not limited to the following.
A. No HOME project funds will be advanced, and no costs can be incurred, until the City has
conducted an environmental review of the proposed project site as required under 24 CFR Part
58 The environmental review may result in a decision to proceed with, modify or cancel the
project. Notwithstanding any provision of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or site approval,
and that such commitment of funds or approval may occur only upon satisfactory completion of
environmental review and receipt by the CITY of a release of funds from the U S Department of
Housing and Urban Development [or the State of Washington] under 24 CFR Part §58 Further,
the AWARDEE will not undertake or commit any funds to physical or choice -limiting actions,
including property acquisition, demolition, movement, rehabilitation, conversion, repair or
construction prior to the environmental clearance, and must indicate that the violation of this
provision may result in the denial of any funds under the agreement.
B Any HOME funds advanced to the PROJECT will be secured by a note and mortgage, and in
the case of a rental project, a deed covenant as required by 24 CFR Part 92
C The AWARDEE will ensure that any expenditure of HOME funds will be in compliance with
the requirements at 92 206, and acknowledges that HOME funds will only be provided as
reimbursement for eligible costs incurred, including actual expenditures or invoices for work
completed
D If the project is to be owner -occupied, the AWARDEE will ensure that all HOME assisted
units will be in compliance with 24 CFR 92 254, including documenting that the property is
eligible under 92 254(a)(1) — (2), and will maintain compliance during the minimum compliance
period (If the property also contains a rental unit assisted with HOME funds, the AWARDEE will
ensure that occupancy complies with the requirements of 92 254(a)(6)) If the project is to be a
rental, the AWARDEE will ensure that that project is eligible under 92 214, and that it will meet
the applicable standards of 24 CFR 92 252 - 253 at occupancy and for the minimum compliance
period
E The designated HOME -assisted units of this PROJECT will meet the affordability
requirementsas found in 24 CFR 92 252 (rental) or 92 254 (owner -occupied) as applicable The
AWARDEE shall collect and maintain Project beneficiary information pertaining to household
size, income levels, racial characteristics, and the presence of Female Headed Households in
order to determine low and moderate -income benefit in a cumulative and individual manner
Income documentation shall be in a form consistent with HOME requirements as stated in the
HUD Technical Guide for Determining Income and Allowances Under the HOME Program
F In the selection of occupants for PROJECT units, the AWARDEE shall comply with all
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nondiscrimination requirements of 24 CFR 92 350 If the project consists of 5 or more units, the
AWARDEE will implement affirmative marketing procedures as required by 24 CFR 92 351
Such procedures are subject to approval of the AGENCY.
G. If the PROJECT is occupied at the time of this commitment, the AWARDEE will comply with
the relocation requirements of 24 CFR 92 353
H. AWARDEE shall assure compliance with 24 CFR 92 251 as relates to Property Standards
and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92 251(a)(3) as
applicable, and Lead Based Paint Requirements as found in 24 CFR 92 355 and 24 CFR Part
35
I If the PROJECT is to be owner -occupied, the AWARDEE shall assure that any NOTES and
MORTGAGES recorded for homebuyers shall be in compliance with 24 CFR 92 254 and that
the AWARDEE will monitor each unit for principal residency (under 92 254(a)(3)) and
resale/recapture (under 92.254 (a)(4) — (5))
J AWARDEE will provide any documentation required by the AGENCY regarding match as may
be required to document match for purposes of the HOME program.
K. If any project under this agreement involves the construction or rehabilitation of 12 or more
HOME -assisted units, the AWARDEE shall comply with the provisions of the Davis -Bacon Act
(40 U S C. 276 a to a - 7) as supplemented by AGENCY of Labor regulations (29 CFR, Part 5),
as amended
L If the property is sold through a lease -purchase agreement, the AWARDEE will ensure
compliance with 92 254(a)(7), as modified by the 1999 Appropriations Act, Section 599B
M. AWARDEE will be monitored by the AGENCY for compliance with the regulations of24 CFR
92 for the compliance period specified above The AWARDEE will provide reports andaccess to
project files as requested by the AGENCY during the PROJECT and for Five (5) years after
completion and closeout of the AGREEMENT
Section VI — Repayment of Loan
A. All HOME funds are subject to repayment in the event the PROJECT does not meet the
Project Requirements as outlined above
B It is understood that upon the completion of the PROJECT, any HOME funds reserved but
notexpended under this agreement will revert to the CITY.
C If the PROJECT is for owner -occupancy, the AWARDEE shall lend the HOME funds to the
individual buyers in an amount sufficient to make the purchase affordable Any HOME funds
that reduce the price of the property below the fair market value of the property shall be secured
by a HOME note and mortgage as required in 92 254(a)(5)(ii), using the note and mortgage
prescribed or approved by the AGENCY (and consistent with the method of recapture identified
in the CITY's "Consolidated Plan").
Section VII — Procurement Standards
The AWARDEE shall establish procurement procedures to ensure that materials and services
are obtained in a cost-effective manner. When procuring for services to be provided under this
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agreement,the AWARDEE shall comply at a minimum with the nonprofit procurement standards
at 24 CFR 84 40 - 48
In addition, the following requirements are imposed on any procurement under this PROJECT:
Any personal property having a useful life of more than one year and purchased wholly or in
part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon
its purchase or receipt become the property of the City of Yakima and/or federal government.
Final ownership and disposition of such property shall be determined under the provisions of
Attachment N of OMB, A-102 The Contractor shall be responsible for all such property,
including its care and maintenance, and shall comply with the following procedural
requirements
1 Property records shall be maintained accurately and provide for A description of
the property; manufacturer's serial number or other identification number;
acquisition date and cost; source of the property; percentage of HOME funds
used in the purchase of property; location, use, and condition of the property
2 A physical inventory of property shall be taken and the results reconciled with the
property records at least once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to ensure adequate safeguards to prevent
lose, damage, or theft to the property Any loss, damage, or theft of the property
shall be investigated and fully documented
4 Adequate maintenance procedures shall be implemented to keep the property in
good condition
5. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of cost,
title to such property shall remain with the Contractor An election to capitalize
and depreciate or claim acquisition cost as a direct item of cost shall be
irrevocable
6 Nonexpendable personal property purchased by the Contractor under the terms
of this Contract, in which title is vested in the City of Yakima or Federal
Government shall not be rented, loaned, or otherwise passed to any person,
partnership, corporation, association or organization without the prior express
approval of the City of Yakima ONDS
7 Any nonexpendable personal property furnished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities defined in this
Contract.
8. As a condition prerequisite to reimbursement for the purchase of nonexpendable
personal property, title to which shall vest in the City of Yakima ONDS or federal
government, the Contractor agrees to execute such security agreements and
other documents as shall be necessary for the City of Yakima ONDS or federal
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government to perfect its interest in such property in accordance with the
"Uniform Commercial Code -Secured Transactions" as codified in Article 9A of
RCW Chapter 62A.
9 The Contractor shall be responsible for any loss or damage to the property of the
City of Yakima ONDS or federal government (including expenses entered
thereunto) which results from negligence, willful misconduct, or lack of good faith
on the part of the Contractor to maintain and administer in accordance with
sound management practices that property, to ensure that the property will be
returned to the City of Yakima ONDS or federal government in like condition to
that in which condition the property was acquired by purchase, fair wear and tear
accepted.
In addition, it is understood that any AWARDEE that can be considered to be a religious
organization shallabide by all portions of 24 CFR 92 257.
Section III — Conflict of Interest Provisions
The AWARDEE warrants and covenants that it presently has no interest and shall not acquire
any interest, directly or indirectly, which could conflict in any manner or degree with the
performance of its services hereunder The AWARDEE further warrants and covenants that in
the performance of this contract, no person having such interest shall be employed HOME
conflict of interest provisions, as stated in 92 356, apply to the award of any contracts under the
agreement and the selection of tenant households to occupy HOME -assisted units No
employee, agent, consultant, elected official, or appointed official of the AWARDEE may obtain
a financial interest or unit benefits from a HOME -assisted activity, either for themselves or those
with whom they have family or business ties, during their tenure or for one year thereafter This
prohibition includes the following:
• Any interest in any contract, subcontract or agreement with respect to a HOME -assisted
project or program administered by the AWARDEE, or the proceeds thereunder; or
• Any unit benefits or financial assistance associated with HOME projects or programs
administered by the AWARDEE, including
Occupancy of a rental housing unit in a HOME -assisted rental project;
Receipt of HOME tenant -based rental assistance,
Purchase or occupancy of a homebuyer unit in a HOME -assisted project,
Receipt of HOME homebuyer acquisition assistance, or
Receipt of HOME owner -occupied rehabilitation assistance
This prohibition does not apply to an employee or agent of the AWARDEE who occupies a
HOME assisted unit as the on-site project manager or maintenance worker. In addition, no
member of Congress of the United States, official or employee of HUD, or official or employee
of the Participating Jurisdiction shall be permitted to receive or share any financial or unit
benefits arising from the HOME -assisted project or program Prior to the implementation of the
HOME -assisted activity, exceptions to these provisions may be requested by the AWARDEE in
writing to the Participating Jurisdiction The AWARDEE must demonstrate and certify that the
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policies and procedures adopted for the activity will ensure fair treatment of all parties, and that
the covered persons referenced in this policy will have no inside information or undue influence
regarding the award of contracts or benefits of the HOME assistance The Jurisdiction may
grant exceptions or forward the requests to HUD as permitted by 24 CFR 92 356, 85 36 and
84 42, as they apply
Section IV — City Responsibilities
CITY shall furnish the AWARDEE with the following services and information from existing CITY
records and CITY files
A. CITY shall provide to the AWARDEE information regarding its requirements for the
PROJECT.
B. CITY will provide the AWARDEE with any changes in HOME regulations or program limits
that affect the project, including but not limited to income limits, property value limits and rent
limits
C CITY will conduct progress inspections of work completed to protect its interests as lender
and regulatory authority for the project, and will provide information to the AWARDEE regarding
any progress inspections or monitoring to assist it in ensuring compliance CITY's review and
approval of the WORK will relate only to overall compliance with the general requirements of
this Agreement and HOME regulations, and all CITY regulations and ordinances Nothing
contained herein shall relieve the AWARDEE of any responsibility as provided under this
Agreement.
Section X — Equal Employment Opportunity
During the performance of this contract, the AWARDEE agrees as follows.
A. AWARDEE will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin(s) The AWARDEE will take affirmative action to
ensure the applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex or national origin(s) Such action 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 apprenticeship The AWARDEE agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer of the CITY setting forth the provisions of this nondiscrimination clause.
B AWARDEE will, in all solicitations or advertisements for employees placed by or on behalf of
the AWARDEE, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin
C AWARDEE will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the CITY's contracting officer, advising the labor union or worker's representative of the
AWARDEE's commitments under Section 202 of Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
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D AWARDEE will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor
E AWARDEE will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, records, and accounts by the AGENCY
and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and order
F In the event the AWARDEE is found to be in noncompliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part and the AWARDEE may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule,
regulations, or order of the Secretary of Labor or as otherwise provided by law
G AWARDEE will include the provisions of paragraphs (a) through (g) of this agreement in
every subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
AWARDEE will take such action with respect to any subcontract or purchase order as the
AGENCY may direct as a means of enforcing such provisions, including sanctions for
noncompliance, provided, however, that in the event the AWARDEE becomes involved in, or is
threatened with litigation with a subcontractor or vendor as a result of such direction by the
AGENCY, the AWARDEE may request the United States to enter into such litigation to protect
the interest of the United States.
Section XI — Labor, Training & Business Opportunity
AWARDEE agrees to comply with the federal regulations governing training, employment and
business opportunities as follows
A. It is agreed that the WORK to be performed under this agreement is on a project assisted
under a program providing direct Federal financial assistance from the US Department of
Housing and Urban Development and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U S C. 1701 u, as well as any and all
applicable amendments thereto. Section 3 requires that, to the greatest extent feasible,
opportunities for training and employment be given low and moderate income residents of the
project area, and that contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the project
area.
B AWARDEE shall comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of
Federal Regulations and all applicable rules and orders of the AGENCY of Housing and Urban
Development issued thereunder as well as any and all applicable amendments thereto prior to
the execution of this contract as well as during the term of this contract. The AWARDEE certifies
and agrees that it is under no contractual or other disability, which would prevent it from
complying with these requirements as well as any and all applicable amendments thereto
C AWARDEE will include this Section 3 clause in every subcontract for work in connection with
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the project and will, at the direction of the CITY, take appropriate action pursuant to the
subcontractor upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, in 24 Code of Federal Regulations The
AWARDEE will not subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 code of Federal Regulations and
will not let any subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with these requirements as well as with any and all applicable
amendments thereto.
D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal
Regulations and all applicable rules and orders of the AGENCY of Housing and Urban
Development issued thereunder prior to the execution of the contract shall be a condition
precedent to federal financial assistance being provided to the PROJECT as well as a
continuing condition, binding upon the applicant or recipient for such assistance, its successors,
and assigns Failure to fulfill these requirements shall subject the AWARDEE or recipient, its
contractors and subcontractors, its successors, and assigns to those sanctions specified by 24
Code of Federal Regulations as well as with any and all applicable amendments thereto
Section XII – Compliance with Federal, State & Local Laws
A. GENERAL The AWARDEE covenants and warrants that it will comply with all
applicable laws, ordinances, codes, rules and regulations of the state local and federal
governments, and all amendments thereto, including, but not limited to, Title 8 of the Civil Rights
Act of 1968 PL.90-284; Executive Order 11063 on Equal Opportunity and Housing Section 3 of
the Housing and Urban Development Act of 968; Housing and Community Development Act of
1974, as well as all requirements set forth in 24 CFR 92 of the HOME INVESTMENT
PARTNERSHIP PROGRAM The AWARDEE covenants and warrants that it will indemnify and
hold the City forever free and harmless with respect to any and all damages whether directly or
indirectly arising out of the provisions and maintenance of this contract. AWARDEE agrees to
comply with all applicable standards, orders, or requirements issued under section 306 of the
Clean Air Act (42 U S C 1857(h)), section 508 of the Clean Water Act (33 U S C 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
AWARDEE further warrants and agrees to include or cause to be included the criteria and
requirements of this section in every non-exempt subcontract in excess of $100,000
AWARDEE also agrees to take such action as the federal, state or local government may direct
to enforce aforesaid provisions
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER
COVERED TRANSACTIONS
(a) AWARDEE, defined as the primary participant and it principals, certifies by
signing these General Terms and Conditions that to the best of its
knowledge and belief that they
(b) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any Federal department or agency
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(c) Have not within a three-year period preceding this Agreement, been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, receiving stolen property,
making false claims, or obstruction of justice,
(d) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph (1)(b) of this section; and
(i) Have not within a three-year period preceding the signing of this
Agreement had one or more public transactions (Federal, State, or local)
terminated for cause of default.
(ii) Where the AWARDEE is unable to certify to any of the statements in
this Agreement, the AWARDEE shall attach an explanation to this
Agreement.
(iii) The AWARDEE agrees by signing this Agreement that it shall not
knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction.
(iv) The AWARDEE further agrees by signing this Agreement that it
will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions
(e) LOWER TIER COVERED TRANSACTIONS
(i) Each lower tier contractor certifies, by signing this Agreement that
neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(ii) Where the lower tier contractor is unable to certify to any of the
statements in this Agreement, such contractor shall attach an
explanation to this Agreement.
2 Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60,
Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570 601
(Discrimination prohibited)
3 The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq ,
and HUD regulations implementing the Act, 24 CFR Part 35, where, residential
structures are involved The Contractor shall provide whatever assistance is necessary
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to enable the City of Yakima's Building Official to carry out its inspection and certification
responsibility under those regulations.
4. Historic and Archaeological Preservation requirements as set forth in 24 CFR
Section 570 604.36 CFR Part 800, RCW 27 44 010 (Native American Burial Law), RCW
27.53 010- 090 (Protection of Archaeological Resources), and RCW 43 51 750- 820
(Preservation of Historic Properties)
5. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq ,
implementing regulations, and Chapter 70 92 RCW
6 Accessibility Standard as set forth in 92.251(a)(3)
7 Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution Control
Act, as amended, 33 USC Section 1251 et seq , and Environmental Protection Agency
regulations, 40 CFR Part 15
8 Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section
1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and
low income persons).
9 Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333,
(Overtime Compensation)
10 Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 — 12 (Prevailing Wage Rates)
11. Attachment 0 of the Office of management and Budget Circular, A-102
(Procurement Standards) and Federal Management Circular, FMC 74-4
12 The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570
13 Title VI of the Civil Rights Act of 1964 (P L. 88-352) as amended, and HUD
regulations with respect thereto including the regulations under 24 CFR Part 1 In the
sale, lease or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, and Contractor shall cause or require a covenant
running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex, or national origin, in the sale,
lease or rental, or in the use or occupancy of such land or any improvements erected or
to be erected thereon, and providing that the Contractor, the County, and the United
States are beneficiaries of and entitled to enforce such covenant. The Contractor, in
undertaking its obligation in carrying out the program assisted hereunder, agrees to take
such measures as are necessary to enforce such covenant and will not itself so
discriminate
14 Age Discrimination Act of 1975 (24 CFR 146)
15 Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1)
16 Washington State/Local Building Codes/Housing Quality Standards (24 CFR
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882 109)
17 WBE/MBE (24 CFR 85 36 (e)).
Section XIII — Suspension & Termination
In accordance with 24 CFR 85 43, suspension or termination may occur if the AWARDEE
materiallyfails to comply with any term of the award, and that the award may be terminated for
convenience in accordance with 24 CFR 85 44
If, through any cause, the AWARDEE shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the AWARDEE shall violate any of the covenants,
agreements, or stipulationsof this contract, the CITY shall thereupon have the right to terminate
this contract by giving written notice to the AWARDEE of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of such termination. In such
event, the AWARDEE shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder to the date of said termination Notwithstanding the above,
the AWARDEE shall'not be relieved of liability to the CITY for damages sustained by the CITY
by virtue of any breach of the contract by the AWARDEE and the CITY may withhold any
payments to the AWARDEE for the purpose of setoff until such time as the exact amount of
damages due the CITY from the AWARDEE is determined whether by court of competent
jurisdiction or otherwise
Section XIV — Termination for Convenience of the CITY
The CITY may terminate for its convenience this contract at any time by giving at least thirty
(30) days notice in writing to the AWARDEE If the contract is terminated by the CITY, as
provided herein, the City will reimburse for any actual and approved expenses incurred,
including those costs involved in terminating the contracts and shutting down the work as of the
date of notice, and the AWARDEE will be paid as a FEE an amount which bears the same ratio
to the total compensation as the services actually performed bear to the total service of the
AWARDEE covered by this contract, less payments of compensation previously made Claims
and disputes between the parties will be submitted to the American Arbitration Association for
resolution Award or judgment may be entered in any court having jurisdiction thereof
Section XV — Default -Loss of Grant Funds
If the AWARDEE fails in any manner to fully perform and carry out any of the terms, covenants,
and conditions of the agreement, and more particularly if the AWARDEE refuses or fails to
proceed with the work with such diligence as will insure its completion within the time fixed by
the schedule set forth in Exhibit B of this agreement, the AWARDEE shall be in default and
notice in writing shall be given to the AWARDEE of such default by the AGENCY or an agent of
the AGENCY If the AWARDEE fails to cure such default within such time as may be required
by such notice, the CITY, acting by and through the AGENCY, may at its option terminate and
cancel the contract. In the event of such termination, all grant funds awarded to the AWARDEE
pursuant to this agreement shall be immediately revoked and any approvals related to the
PROJECT shall immediately be deemed revoked and canceled In such event, the AWARDEE
will no longer be entitled to receive any compensation for work undertaken after the date of the
termination of this agreement, as the grant funds will no longer be available for this project.
Such termination shall not effect or terminate any of the rights of the CITY as against the
AWARDEE then existing, or which may thereafter accrue because of such default, and the
foregoing provision shall be in addition to all other rights and remedies available to the CITY
under the law and the note and mortgage (if in effect), including but not limited to compelling the
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AWARDEE to complete the project in accordance with the terms of this agreement, in a court of
equity The waiver of a breach of any term, covenant or condition hereof shall not operate as a
waiver of any subsequent breach of the same or any other term, covenant, or condition hereof
Section XVI — Reporting Responsibilities
AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY to the
AGENCY on the following due dates October 1, January 1, April 1, and July 1, next following
the date of this agreement. The AGENCY will send the AWARDEE one reminder notice if the
quarterly report has not been received fourteen (14) days after the due date If the AWARDEE
has not submitted a report fourteen (14) days after the date on the reminder notice, the CITY
will have the option to terminate the contract as described in this agreement. In addition, the
AWARDEE agrees to provide the AGENCY information as required to determine program
eligibility, in meeting national objectives, and financialrecords pertinent to the project. Additional
reporting requirements are included in Exhibit B
Section XVII — Inspection, Monitoring & Access to Records
CITY reserves the right to inspect, monitors, and observe work and services performed by the
AWARDEE at any and all reasonable times CITY reserves the right to audit the records of the
AWARDEE any time during the performance of this Agreement and for a period of five years
after final payment is made under this Agreement If required, the AWARDEE will provide the
AGENCY with a certified audit of the AWARDEE's records representing the Fiscal Year during
which the PROJECT becomes complete whenever the amount listed in SECTION VII is at or
exceeds $300,000, pursuant to the requirements of OMB Circular A-133 Access shall be
immediately granted to the CITY, HUD, the Comptroller General of the United States, or any of
their duly authorized representatives to any books, documents, papers, and records of the
AWARDEE or its contractors which are directly pertinent to that specific contract for the purpose
of making audit, examination, excerpts, and transcriptions
At any reasonable time and as often as CITY may deem necessary, AWARDEE shall make all
of its records available to CITY, HUD, the Comptroller General of the United States, or any of
their authorized representatives, and shall permit CITY, HUD, the Comptroller General of the
United States, or any of their authorized representatives to audit, examine, and make excerpts
and/or copies of same AWARDEE records shall include, but shall not be limited to, the
following payroll, personnel and employment records, procurement bidding documents;
contracts, sales closing statements; and invoices AWARDEE shall retain all records
associated with this Agreement for not less than the timeline for records retention outlined by
the Washington State Secretary of State
Section XVIII — General Conditions
A. All notices or other communication which shall or may be given pursuant to this Agreement
shall be in writing and shall be delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same may be changed from time to
time Such notice shall be deemed given on the day on which personally served, or, if by mail,
on the fifth day after being posted or the date of actual receipt, whichever is earlier
City address:
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City Manager
Yakima City Hall
129 North 2nd Street
Yakima, Washington 98901
Awardee address
Yakima Housing Authority
810 N 6th Ave
Yakima, Washington 98902
B Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached documents, the terms in this Agreement shall rule
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing
E. The parties hereto agree that this Agreement shall be construed and enforced according to
thelaws of the State of Washington.
F Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement bedetermined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceableunder the laws of the State of Washingtonor the City of Yakima, such provisions,
paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable to conform with such laws, then same shall
be deemed severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
G. AWARDEE shall comply with the provisions of the Copeland Anti -Kick -Back Act(18 U S C
874) as supplemented in the AGENCY of Labor Regulations (29 CFR Part 3), asamended
H AWARDEE shall comply with the provisions of sections 103 and 107 of the Contract Work
Hours and Safety Standard Act (40 U S C 327-330) as supplemented by AGENCY of Labor
regulations (29 CFR, Part 5), as amended
I AWARDEE further warrants and agrees to include or cause to be included the criteria and
requirements of paragraphs (G) through (H) of this section in every nonexempt subcontract. The
AWARDEE also agrees to take such action as the federal, state or local government may direct
to enforce aforesaid provisions
J The obligations undertaken by AWARDEE pursuant to this Agreement shall not be delegated
orassigned to any other person or agency unless CITY shall first consent to the performance or
assignment of such service or any part thereof by another person or agency
K. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns
L. AWARDEE shall indemnify and save CITY harmless from and against any negligent claims,
liabilities, losses and causes of action which may arise out of AWARDEE's activities under this
Agreement, including all other acts or omissions to act on the part of AWARDEE, including any
person acting for or on its behalf, and, from and against any orders, judgments, or decrees
which may be entered, and from and against all costs, attorneys fees, expenses and liabilities
incurred in the defense of any such claims, or in the investigation thereof
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M AWARDEE and its employees and agents shall be deemed to be independent contractors,
and not agents or employees of the CITY, and shall not attain any rights or benefits under the
civil service or pension ordinances of the CITY, or any rights generally afforded classified or
unclassified employee, further they shall not be deemed entitled to state Compensation benefits
as an employee of the CITY.
N. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack of
funds, or authorization, reduction of funds, and/or change in regulations.
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Exhibit "B"
INTERIOR RENOVATIONS OF TEN UNITS WITHIN PIONEER PLAZA
A.) PROPOSAL SUMMARY/PROJECT ABSTRACT
The Yakima Housing Authority will contract and oversee the renovation of ten existing
housing units within Pioneer Plaza
B.) ASSESSMENT OF NEED/PROBLEM STATEMENT
Due to the age, normal wear and tear on the existing rental units within the Yakima
Housing Authority complex known as Pioneer Plaza and the need for substantial interior
renovations of ten existing units, a budget of approximately $45,000 per unit, totaling
$450,000 for the total of renovating ten of the interior living units
C.) PROGRAM GOAL AND OBJECTIVES
Goal
Rehabilitation of ten existing housing units within Pioneer Plaza,
Objectives
1. New interior doors, hardware and casing trim (swinging doors to be solid core).
2. New flooring throughout (floating vinyl plank) with rubber base.
3. New cabinets and countertops to include bath vanities.
4. New plumbing fixtures throughout (toilets, showers, tubs, kitchen sinks, all faucets, and
water heaters).
5 New light fixtures throughout.
6 CO detectors
7. Wall heaters and thermostats
8. Ductless mini -splits for cooling.
9. Wire shelving in closets
10. New paint throughout interior
11 Window blinds, sills and aprons
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it will
expire at midnight, the Yakima Housing Authority will contract and oversee the renovation
of ten housing units within Pioneer Plaza Reimbursement is subject to and conditioned
upon satisfactory completion and passing inspection by both the Office of Neighborhood
Development Services Manager and the City of Yakima Code Department.
E.)
OUTCOMES & EVALUATION
As a condition of reimbursement, The Yakima Housing Authority will submit proper invoice
billing for reimbursement of work and material after inspection by both the Office of
Neighborhood Development Services and the City of Yakima Code Department.
F.) BUDGET
The Yakima Housing Authority will be reimbursed as properly invoiced between the
contract execution date and terminate on December 31, 2017 at midnight, for eligible
activities
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EXHIBIT "C" RESOLUTION
(This page intentionally left blank for insertion of EXHIBIT "C" RESOLUTION)
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Exhibit "D"
SERVICES PROVIDED
A.) The Yakima Housing Authority will contract and oversee the renovation of ten existing
housing units within Pioneer Plaza at the following addresses.
408,410,412 E Spruce
902,904,906 E Beech
1115,1117,1119,1121 Pleasant Ave
1314,1316 S. 12th Avenue
1408,1410,1412,1414 Willow Street
507/509 N. 6th Avenue
510/512 Cherry Avenue
B.) Rehabilitation of ten existing housing units within Pioneer Plaza;
Objectives
1 New interior doors, hardware and casing trim (swinging doors to be solid core).
2 New flooring throughout (floating vinyl plank) with rubber base.
3. New cabinets and countertops to include bath vanities.
4. New plumbing fixtures throughout (toilets, showers, tubs, kitchen sinks, all faucets, and
water heaters)
5. New light fixtures throughout.
6 CO detectors.
7 Wall heaters and thermostats.
8 Ductless mini -splits for cooling.
9. Wire shelving in closets
10 New paint throughout interior
11. Window blinds, sills and aprons
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 9.
For Meeting of: July 19, 2016
Resolution authorizing an agreement with the Yakima Housing
Authority in the amount of $450,000 of HOME Investment Funds for
the interior rehabilitation of ten existing low income housing units at
Pioneer Plaza located in various sites within the City of Yakima
Joan Davenport, AICP, Community Development Director
Archie Matthews, ONDS Manager (509) 576-6761
SUMMARY EXPLANATION:
As the annual recipient of HOME Investment Funds (HOME) from the Department of Housing and
Urban Development (HUD), the City of Yakima is required to invest these funds for "Affordable
Housing" within its jurisdiction.
The Yakima Housing Authority serves low to moderate income individuals and HOME Investment
Funds must be used towards affordable housing for qualified low to moderate income individuals,
which includes rehabilitation of existing affordable housing units. The Yakima Housing Authority
will contract and oversee the renovation of ten existing housing units within Pioneer Plaza at the
following addresses: 408, 410, 412 E. Spruce St.; 902, 904, 906 E. Beech St.; 1115, 1117,
1119, 1121 Pleasant Ave.; 1314, 1316, S 12th Ave.; 1408, 1410, 1412, 1414 Willow St.; 507,
509 N. 6th Ave.; and 510, 512 Cherry Ave.
The City of Yakima, in granting available HOME funds to the Yakima Housing Authority, allows for
continued decent, safe, affordable housing within the City of Yakima that serves its low to
moderate income citizens. A copy of the HOME Investment Fund requirements is available in the
City Manager's Office for your convenience.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL f`:m Interim City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
Neighborhood & Community Building Committee supports this proposal.
ATTACHMENTS:
Description Upload Date
0 YHA HOME - resolution 6/29/2016
0 YHA HOME agreement 7/12/2016
Type
Resolution
Contract