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R-1997-121 1997 Community Housing Development
RESOLUTION NO. R-97-121 A RESOLUTION directing the City Legal Department to prepare and authorizing the City Manager to execute an agitement with Yakima County Coalition for the Homeless to rehabilitate a duplex consisting of two two-bedroom units. WHEREAS, the.City of Yakima was a recipient of 1997 Federal HOME funds which may be used, among other things, for Community Housing Development Organization Programs; and WHEREAS, at the December 17, 1996 meeting, the City Council considered and approved the One Year Plan and budget including $472,000 of HOME Funds and; WHEREAS, the City Council hereby recognizes the Yakima County Coalition for the Homeless as a City approved CHDO. WHEREAS, Community Housing Development Organizations (CHDO's) are entitled to 15% of the jurisdiction allocated federal HOME monies and Yakima County Coalition for the Homeless a state approved CHDO is requesting $39,825 for transitional housing. WHEREAS, the City desires that the funds be conditioned upon Yakima County Coalition for the Homeless raising $64,065 of matching funds and that the project be completed by March 1, 1998. WHEREAS, the City Council has determined that it is in the best interest of the City to contract with this organization to assist Yakima County Coalition for the Homeless in rehabilitating this property located at 313 North 9th Street for transitional housing. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute an agreement between the City of Yakima and Yakima County Coalition for the Homeless incorporating the above in order to implement the 1997 HOME CHDO Program as approved by City Council. ADOPTED BY THE CCOUNCIL thi -` L day of 1, )9'17 AEST: City Clerk 71' Lynn Buchanan, Mayor CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES 1. Contracting Organization:Yakima County Coalition for the Homeless 2. Address: 107 South 6th Street Yakima, WA 98901 3. Phone: (509) 457-4475 4. Contact Person: Phoebe Nelson, Executive Director 5. Title of Service or Program being Funded: Transitional Hsa. Rehab. 6.. Amount of Contract Award:$39,825.00 (HOME) 7. The term of this agreement shall commence upon execution hereof and shall terminate at 12:00 p.m.,June 30, 1998, unless sooner terminated by either party in accordance with Section XXIII or Section XXV of incorporated Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement and work plan including building permit and set of plans, all attached hereto as Exhibit "B" and incorporated herein by this reference. 9. Final contract payment shall be subject to satisfactory completion of project described in Exhibit B, submission of certification of occupancy and contractor/subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A". This written document and incorporated exhibits constitutes the entire agreement between the parties. IN WI S THEREOF indi ated and parties have executed this contract as of the day ow. Gle Rice, Acting CED Director R.A. Zais, Jr., City Manager Signature F ;?! Contracting Organization Ch 31(eglo Title) 01 FSC _ < r Date ATTEST: City Clerk ,-7/47 Date 1 CITY CONTRACT #98-36 RESOLUTION #R-97-121 EXHIBIT "A" TERMS AND CONDITIONS I DESIGNATION The City of Yakima, as recipient of a housing and community development grant from the U.S. Department of Housing and Urban Development, hereby designates the Contracting Organization to undertake, and the Contracting Organization hereby agrees to undertake that certain community development or housing assistance project described in Exhibit "B", Scope of Work. II SUB -GRANT A. NOTICE TO PROCEED No work on the project shall occur prior to or without written approval from the City of Yakima Office of Neighborhood Development Services (ONDS) shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. B. AMOUNT OF GRANT The City hereby sub -grants to the Contracting Organization $39,825.00 for said project. III GENERAL BUDGET PROVISIONS The Contracting Organization agrees to the following provisions in satisfying the terms and conditions of this contract: A. PAYMENT AND DISBURSEMENTS Disbursements by the City of Yakima from this contract/grant award shall be on a reimbursement basis covering actual expenditures by the Contracting Organization or obligation of the Contracting Organization currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima ONDS of a written reimbursement request on forms provided by the City of Yakima ONDS supported by copies of vouchers, invoices, salary and wage summaries, or other acceptable documentation; and 2 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 HOME Program" and come within the Project Budget. B. No payment shall be made for any service rendered by the Contracting Organization except for services within the scope of a category set forth in the budget in Exhibit "B" of this Contract, and all funds received must be used for service as identified in Exhibit "B" of this Contract. C. 1. The Contracting Organization shall submit to the City of Yakima ONDS a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10%) or more in an approved budget subject category. Written budget revision approval must be received by the Contracting Organization prior to the Contracting Organization incurring any expenditures against the revised budget sub -object categories. 2. When the revision of the Contracting Organization budget does not exceed ten percent (10%) of an approved budget sub -object category, the Contracting Organization must submit a revised budget to the City of Yakima OND prior to the submittal of claims against the budget. IV COMMENCEMENT OF WORK The City of Yakima OND shall furnish the Contracting Organization with written notice to proceed upon release of funds from HUD related to the project. No work on the project shall occur prior to the notice to proceed without written approval from the City of Yakima ONDS. V BILLING PROCEDURES A. The Contracting Organization shall submit monthly written claims for reimbursement of services performed under this contract in the manner prescribed in paragraph III above, and as prescribed by the City of Yakima ONDS. VI LOCAL FINANCIAL SUPPORT The sub -grant shall not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance. 3 VII BUDGET SURPLUS The Contracting Organization agrees that funds determined by the City of Yakima ONDS to be surplus at the end of the project within the budget of this Contract will be subject to cancellation by the City of Yakima ONDS and may be negotiated if they are to be included in future contracts. VIII COMPLIANCE WITH LAWS A. GENERAL The Contracting Organization, in performance of this Contract, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including, but not limited to, Federal HOME Regulations and other policies and guidelines established by the City of Yakima ONDS. B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS The following federal provisions may apply, among others, to this contract: 1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24 CFR 570.601 (Discrimination prohibited). 2. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831 et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, residential structures are involved. The Contracting Organization shall provide whatever assistance is necessary to enable the City of Yakima's Building Official to carry out its inspection and certification responsibility under those regulations. 3. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and RCW 43.51.750-.820 (Preservation of Historic Properties). 4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq., implementing regulations, and Chapter 70.92 RCW. 4 5. Clean Air Act as amended, 42 USC Section 1857 et seq; Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Protection Agency regulations, 40 CFR Part 15. 6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC Section 1701u) and 24 CFR Part 135 (Employment opportunities for project area businesses and low income persons). 7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333, (Overtime Compensation). 8. Davis -Bacon Act, as amended, 40 USC Sections 276a - 276a-5, and RCW Chapter 3-12 (Prevailing Wage Rates). 9. Attachment 0 of the Office of Management and Budget Circular, A-102 (Procurement Standards) and Federal Management Circular, FMC 74-4. 10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570. 11. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contracting Organization shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contracting Organization, the County, and the United States are beneficiaries of and entitled to enforce such covenant. The Contracting Organization, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 12. Age Discrimination Act of 1975 (24 CFR 146). 13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1) 14. Housing Quality Standards (24 CFR 882.109). 15. WBE/MBE (24 CFR 85.36(e)). 16. ENVIRONMENTAL REVIEW A. NEPA The City of Yakima ONDS retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which the City of Yakima ONDS may require the Contracting Organization to furnish data, information and assistance for the City's review and assessment in determining whether the City must prepare an Environmental Impact Statement. B. SEPA The Contract Organization retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinance adopted thereunder. C. COMPLIANCE AS PRE -CONDITION Performance by either the City of Yakima ONDS or the Contracting Organization under this Agreement shall be contingent upon satisfaction of all applicable requirements of the National and State Environmental Policy Acts. IX NON-DISCRIMINATION IN EMPLOYMENT A. The City of Yakima is an Equal Opportunity Employer. B. The Contracting Organization agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer;recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The Contracting Organization specifically agrees to abide by the Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. 6 X NON-DISCRIMINATION IN CLIENT SERVICES A. The Contracting Organization agrees to affirmatively market units made available through this contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those provided to others under this Contract; separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Contract; 3. Deny any qualified individual an opportunity to participate in any program provided by this Contract through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different from that afforded others under this Contract. B. The Contracting Organization shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and/or subcontracting has been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contracting Organization shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. XI LICENSING AND PROGRAM STANDARDS The Contracting Organization agrees to comply with all applicable Federal, State, County and Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. XII MONITORING AND ACCESS TO RECORDS A. Contracting Organization agrees that City may carry out monitoring and evaluation activities so as to ensure 7 compliance by Contracting Organization with this Contracting Organization agreement, with the HOME Compliance Documents, and with all other laws, regulations, and ordinances related to the performance hereof. Contracting Organization agrees to provide City with any data determined by City to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. B. At any reasonable time and as often as City may deem necessary, Contracting Orgainization shall make all of its records available to City, HUD, the Comptroller General of the United States, or any of their authorized representatives, and shall permit City, HUD, the Comptroller General of the United States, or any of their authorized representatives to audit, examine, and make excerpts and/or copies of same. Contracting Organization records shall include, but shall not be limited to, the following: payroll, personnel and employment records; procurement bidding documents; contracts; sales closing statements; and invoices. C. The Contract Organization shall be required to make reasonable changes in the services as completed or to be completed if said services fall below the standards and specifications set foithhin the Special Terms and Conditions, Project Description, or Statement of Work. XIII SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise provided by law. XIV ASSIGNMENT AND/OR SUBCONTRACTING The Contracting Organization shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. XV STANDARDS FOR FISCAL ACCOUNTABILITY A. The Contracting Organization agrees to provide project line item draw requests, annual verification of rents, 8 annual audited financial statement to compare income and expenses, records, documents and accounting procedures which accurately reflect all direct and indirect costs related to the performance of this Contract. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS", as issued by the Office of State Auditor, State of Washington. The Contracting Organization further agrees that the City of Yakima ONDS shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. The Contracting Organization shall retain all books,records, documents and other material relevant to the Contract for seven (7) years after settlement of this Contract. The Contracting Organization agrees that the City of Yakima, the U.S.Department of Housing and Urban Development, the Washington State Auditor, or their designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. B. The Contracting Organization agrees that any contributions or payments made for services furnished under this agreement shall be used for the sole benefit of this program. XVI PROGRAM PROPERTY Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A-102. The Contracting Organization shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: 1. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of HOME funds used in the purchase of property; location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. 9 3. A control system shall be in effect to insure adequate safeguards to prevent lose, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contracting Organization elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with the Contracting Organization. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable personal property purchased by the Contracting Organization under the terms of this Contract, in which title is vested in the City of Yakima or Federal Government shall not be rented, loaned, or otherwise passed to any person,partnership, corporation, association or organization without the prior express approval of the City of Yakima ONDS. 7. Any nonexpendable personal property furnished to, or purchased by, the Contracting Organization, title to which is vested in the City of Yakima ONDS or federal government shall, unless otherwise provided herein or approved by the Contracting Officer, be used only for the performance of activities defined in this Contract. 8. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima ONDS or federal government, the Contracting Organization agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal government to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9 of RCW Chapter 62A. 9. The Contracting Organization shall be responsible for any loss or damage to the property of the City of Yakima ONDS or federal government (including expenses entered thereunto) which results from negligence, willful misconduct, or lack of good faith on the part of the Contracting Organization to maintain and administer in accordance with sound management practices that property, to ensure that the property will be returned to the City of Yakima ONDS or federal government in like condition to that in which condition the property was acquired by purchase, fair wear and tear accepted. 10 XVII RELATIONSHIP OF THE PARTIES The parties intend that an independent contractor/city relationship will be created by this Contract. The City of Yakima ONDS is interested only in the results to be achieved, the implementation of services will lie solely with the Contracting Organization. No agent, employee, or representatives of the Contracting Organization shall be deemed to be an employee, agent, servant or representative of the City of Yakima for any purpose, and the employees of the Contracting Organization are not entitled to any of the benefits the City of Yakima provides for City Employees. The Contracting Organization will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. XVIII TAXES AND ASSESSMENTS Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to, sales tax, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assesssment as a result of this Agreement, Contractor shall pay the same before it becomes due. XIX QUARTERLY REPORT The Contracting Organization agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit B, to the City of Yakima. XX INSURANCE All insurance checked below shall be required with an effective date preceeding the effective date of this contract. ❑ A. COMMERCIAL LIABILITY INSURANCE On or before the effective date of this Agreement, the Contractor shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. 11 The policy shall name the City, its elected officials, officers, agents and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initiated by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. The Contractor shall also provide the City with a true and correct copy of the said insurance policy on or before the effective date of this Agreement. AUTOMOBILE LIABILITY Contractor agrees to carry auto insurance for injuries and damages caused by contractor owned vehicle on the job site. Automobile liability: $1,000,000 combined single limit bodily injury and property damage. DIRECTORS AND OFFICERS LIABILITY INSURANCE The Contractor shall obtain Directors and Officers Liability insurance policy with a minimum limit of One Million Dollars ($1,000,000.00) and a maximum retention of Five Thousand Dollars ($5,000.00). On or before the effective date of this Agreement, the Contractor shall provide the City with a true and correct copy of said insurance policy. The definition of insured under said policy shall include the Contractor, its individual directors, officers, trustees, employees, and volunteers. Said policy shall have a retroactive date on or before the effective date of this Agreement. Coverage under said policy shall remain in full force and effect for a three (3) year period after the expiration/termination date of this Agreement with the same retroactive date either through renewal policies or "tail" coverage on the current policy. PERFORMANCE AND PAYMENT BOND A Performance Bond for 100% of the contract price to secure fulfillment of all of the contractor's obligations under this contract. FIDELITY BOND Employee Dishonesty coverage or a fidelity bond will be obtained in the amount of $39,825.00. The policy will cover claims resulting from employee theft of money associated with the performance of this contract. The policy will be written on a blanket basis covering all employees, or upon prior approval by the City, on those employees having access to funds. A copy of the policy will be furnished to the City. 12 E F. WORKERS' COMPENSATION The Contractor agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of the contractors workers' compensation coverage will be furnished to the City. The contractor holds the City harmless for any injury or death to the contractor's employees while performing this contract. XXI INDEMNIFICATION All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs, or judgements against which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXII HOLD HARMLESS All services to be rendered or performed under this Contract will be performed or rendered entirely at the Contracting Organization's own risk and the Contracting Organization expressly agrees to indemnify and hold harmless the City of Yakima and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage, inducing reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgements against the City of Yakima which result from, arise out of, or are in any way connected with the services to be performed by the Contracting Organization under this Contract. XXIII CONTRACT, TERMINATION AND CLOSE OUT If the Contracting Organization fails to comply with the terms and conditions of this Contract, the City of Yakima ONDS may pursue such remedies as are legally available including but not limited to, the termination of this Contract in the manner specified herein. A. TERMINATION FOR CAUSE If the Contracting Organization fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the City 13 of Yakima ONDS deems continuation of this Contract to be substantially non -beneficial to the public interest; 2. The Contracting Organization has failed to take satisfactory corrective action as directed by the City of Yakima ONDS or its authorized representative within the time specified by same; 3. The Contracting Organization has failed within the time specified by the City of Yakima ONDS or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract, then: The City of Yakima ONDS may terminate this contract in whole or in part, and thereupon shall notify the Contracting Organization of the termination, the reasons therefore and the effective date provided such effective date shall not be prior to notification to the Contracting Organization. After this effective date, no charges incurred under any terminated portions are allowable. B. TERMINATIONS ON OTHER GROUNDS This Contract may also be terminated in whole or in part by mutual agreement of the parties. C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF FUNDING In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Contract as to the funds reduced or limited, nonwithstanding any other termination provision of this contract. If the level of funding so reduced or limited is so great that the City of Yakima OND deems that the continuation of the program covered by this contract is no longer in the best interest of the public, the City of Yakima ONDS may summarily terminate this contract in whole nonwithstanding any other termination provisions of this contract. Termination under this Section shall be effective upon receipt of written notice by the Contracting Organization or its representative. The City of Yakima ONDS agrees to promptly notify the Contracting Organization of any proposed reduction in funding by Federal or other officials. The Contracting Organization agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce 14 its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This agreement may further be terminated by the City of Yakima upon written demand by the City of Yakima ONDS for assurances that the terms of the Project Description are being timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. CLOSE-OUT In the event that this Contract is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by the Contracting Organization, the City of Yakima shall make or arrange for payment to the Contracting Organization of allowable reimbursable costs not covered by previous payments; 2. The Contracting Organization shall submit within thirty (30) days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit has not been performed prior to close-out of this Contract, the City of Yakima ONDS retains the right to withhold a just and reasonable sum from the final payment to the Contracting Organization after fully considering the recommendation on disallowed costs resulting from the final audit. XXIV COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. The City of Yakima ONDS shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 15 XXV CONFLICT OF INTEREST The City may, by written notice to the Contractor: A. Terminate the right of the Contractor to proceed under this Contract if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by the Contractor, or agent or representative of the Contractor, to any officer or employee of the City of Yakima, with a view towards securing this Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this contract. B. In the event this Contract is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City of Yakima makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. XXVI RIGHTS IN DATA The City of Yakima ONDS may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this agreement. The contractor hereby grants to the City of Yakima, a royalty - free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not originated in the performance of this contract such license shall be only to the extent that the Contractor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the City of Yakima ONDS, promptly and in written detail,each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement. The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right at any time to modify, remove, obliterate, or ignore such markings. 16 XXVII RULE OF CONSTRUCTION In the event of an inconsistency in this contract/grant award unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Appropriate provisions of state and federal statutes and regulations including HUD Home Regulations. 2. General Terms and Conditions (Exhibit A). 3. Those attachments incorporated by reference herein, including the statement of work/project description, approved HUD grant budget, in the order in which attached, and 4. Any other provisions whether incorporated by reference herein or otherwise provided that nothing herein shall be construed as giving preference to provisions of this contract/grant award over any provisions of law. XXVIII VENUE STIPULATION This Contract has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and greed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpertation and performance. Any action at law, suite in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction at Yakima in Yakima County, Washington. XXIX MODIFICATION Either party may request changes in this Contract, however, no change or addition to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties, except budget adjustments as specified in Section IV of this Contract. XXX SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the United States or the State of Washington, said provision which may 17 conflict, therewith, and shall be deemed modified to conform to such statutory provision. XXXI PROGRAM INCOME Any program income shall be accounted for by the Contractor, over the contract time period, shall be reported to the City. Income is to be used to continue or benefit the program, as determined by the intent and purpose of the project. XXXII CONFLICT OF INTEREST No member, officer, or employee of the City of Yakima, or the Contracting Organization, or assignees or agents, no member of the governing body of the City of Yakima, and no other public official of the City of Yakima or such other localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with a City of Yakima Home funded program. XXXIII RETURN OF HOME FUNDS The Contracting Organization shall return to the City all monies provided hereunder by the City to the Contracting Organization if any of the following occur: 1. The Contracting Organization materially changes the primary purpose and scope of the CHDO Project as described on Exhibit "B" to the contract; or 2. The Department of Housing & Urban Development requires a 20 year "Affordability Period" from the date of execution of the Contract, and if the real property that is the subject of the CHDO Project described on Exhibit "B" to the Contract is sold or transferred in any way by the Contracting Organization. XXXIV PROJECT PROCEEDS HOME funds provided by the City of Yakima to the Contracting Organization shall be repaid to the city at no interest from project cash flow if and to the extent that annual net operating income to the Contracting Organization (after project operating expense and first lien debt service) exceeds ten (10) percent of the Contracting Organizations investment in the project (including equity and private lending) in any of the first five (5) years after issuance of a Certificate of Occupancy. 18 Var OWJA ©© nr r ©©Muf[J©1 giartihGAIORALV.A3 107 So. SIXTH St. YAKIMA, WA 98901 (509) 457-4475 March 16, 1998 Marvin Miller Housing Rehab Specialist III Of -Tice of Neighborhood Development Services 112 South Eighth Street Yakima, WA 98901 Dear Marvin: The following time line is revised to reflect current project status and completion expectations. Please let nie know if you need any fimther information. Thanks! 219/98 312/98 3/16; 98 6/1/98 6/30/98 Sincerely, Barbara J. 1Venda Fiscal t\ Eanager Execute Subcontract Subcontractor begins construction Execute CHD() contract with City of Yakima Complete construction Occupancy of building a United Way agency si 3TIEIE WFs EXHIBIT "B" SCOPE OF WORK August 29, 1997 Yakima Transitional Housing PROJECT TITLE Yakima County Coalition for the Homeless CONTRACTING ORGANIZATION 1. DESCRIPTION OF PROJECT Transitional Housing seeks to provide affordable, decent housing for families with very -low incomes by substantially rehabilitating a substandard dwelling unit scheduled for demolition which had been relocated to a new site. The property was purchased by YCCH from the city of Yakima in June 1996. The CHDO funds equalling: $39,825.00 will be used by YCCH to rehabilitate the building into a duplex for transitional housing to rent to families with very low incomes. A 30 year mortgages from a private lending institution will supplement the 1997 CHDO money from the city of Yakima. The units will be owned and operated by the Yakima County Coalition for the Homeless. YCCH will provide case managers experienced in working with family self-sufficiency plans to assist families to develop goals and strategies for improving self-sufficiency, to help families evaluate their progress, and to assist families to access community resources. Within a two year period families are expected to develop skills and resources to enable them to move into permanent market rate housing in Yakima. GOALS TO ACCOMPLISH IN PROJECT YCCH will rehabilitate the donated structures to create two units of safe decent and affordable housing for low income families. YCCH will review and approve rehabilitation plans, obtain bids from contractors, obtain necessary buillding permits, arrange inspections, monitor performance by contractors, and operate the housing for rental to very low income families. YCCH will obtain HQS inspections from a certified inspector prior to occupancy by families. YCCH will maintain affordability of the housing (rent not to exceed 30% of family income) for very low income families (at or below 50% of area median income) for forty years. The projected time line for the project is: 9/1/97 execute CHDO contract with City of Yakima 9/ 15/97execute contracts with subcontractors 10/1/97 demolish building and clean up site 11/1/97 begin construction 12/31/97complete construction 1/15/98 occupancy of building CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES YAKIMA COUNTY COALITION FOR THE HOMELESS SOURCES AND USES OF FUNDS 313 N. 9th St. LAND PURCHASE $41,582 PREDEVELOPMENT 3,000 REHABILITATION 102,890 CONTINGENCY 3,000 ESTIMATED CLOSING,11250 $151,722 STATE 41,582 HOME ('95 OP) 3,000 HOME ('97) 35,400 HOME MATCH ('97) 4,425 HTF 16,170 YAKIMA FEDERAL S & I 51,145 $151,722 RENTAL OPERATING STATEMENT Yakima County Coalition for the Homeless 107 S. 6th Street Yakima, WA. 98901 313 N. 9th Street 2 Units at $500 each TOTAL $1,000 LESS 5% VACANCY 50 MONTHLY NET INCOME $950 ESTIMATED OPERATING DATA ANNUALLY MONTHLY FIXED Real Estate Taxes Insurance Irrigation Assessment ADMINISTRATIVE Bookkeeping Management OPERATIONAL Maintenance & Cleaning grounds maint. snow removal janitorial (supplies & labor) repairs pest control Utilities electric gas W,S,G N/A 42 9 37 175 80 Supplies Cleaning & Maint. 75 Safety Reserves & Replacements TOTAL MONTHLY EXPENSES 100 $ 550 PROPERTY CASH FLOW & AFFORDABLE PMT $ 400 $374 required for Yakima Federal loan of $51,145 ... :::.... j�'►� o� /per ACORD D "°"� RT I FiI C ?'1+E OF L IA BLIT ��•y, CE .I :4 n! L:r: DATE (MM/DDIYY) 01/15/1998 PRODUCER (509)965-2090 FAX (509)966-3454 Conover Insurance, Inc. 125 N. 50th Ave. P.O. Box 10088 Yakima, WA 98909-1088 Attn: Ext: INSURED Yakima County Coalition for the Homeless 107 South 6th Street Yakima, WA 98901 THISCERTIFI • 1 • • • ' •• 1 • •l ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ' COMPANY Philadelphia Insurance Company A COMPANY B COMPANY C COMPANY D ...... :::.:;;:..;;-.: .. ;::.:.::........,.. ; .. .::.:. •. ...:..:....:...::...::.::::..;.::.:::: ::..::.:::... • .::... ... .... . ... .. C�.V(wRAGE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR : DATE (MM/DDIYY) DATE (MMIDD/YY) GENERAL LIABILITY i GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 1,000,000 CLAIMS MADE X ' OCCUR PERSONAL & ADV INJURY $ 1,000,000 A PHPG114450 10/19/1997 10/19/1998 • OWNER'S & CONTRACTOR'S PROT ' EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5 , 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A HIRED AUTOS PIIPG114450 10/19/1997 10/19/1998 BODILY INJURY $ NON -OWNED AUTOS (Per accident) • PROPERTY DAMAGE $ • GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY' EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND TORY:LIMITS ER EMPLOYERS' LIABILITY "' EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL I EL DISEASE - EA EMPLOYEE $ OTHER Professional Liability $2,000,000 agg and PIIPG114450 10/19/1997 10/19/1998 Employee Dishonesty $1,000,000 per occurance DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS �' ertificate Holder is named as additional insured as respects property located 313 N. 9th Street, Yakima, WA. ._mployee Deshonesty $10,000 limit /$250 Deductible ,,CERT(FICAT :.M p4pgf3'.:.::..::...... .... ::.. " :..........:...: :::....:.....:....- City o f Yakima 112 S. 8th Street Yakima, WA 98901 • :C:A 44AT[QN::: :...... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, R4F�kPiP)F)Q�t9 NI M IX*WH NR�l4�c�RQ9 OMMANR;PI�9QR W f @AMXX R'F��f'RhiXWMWAI (�T�(�C R�C4t4Pl�4c�€J@TEkTI ,�(•XXXXXXX AUTHO IZ D REPRESEN ATIVE / A D D::CR QRATIGN 1988 ,i DATE: TO: AT: FROM: RE: March 12, 1998 Barbara Paul M. Bondy, Account Executive Direct Dial: (202)429-8564 Fax: (202)857-0143 Confirmation of Coverage MESSAGE: Dela • Barbara: This is to con Cou ty Coo Huntington T. Block Association Services e division of Affinity Insurance Services, Inc. 1120 20111 Street, N,W., 6th Floor Washington, D.C. 20036-3406 Toll Free: 1.800.432-7465 Aon Association Services # OF PAGES: 1 FAX #: 509-457.2144 PHONE #: firm that the Directors and Officers liability insurance coverage has been bound for Yakima Ition for the Homeless for the following terms: Polly Perlo : March 11, 1998-1999 Limit peductibla premium $ ,000,000 $0 / $2,500 $925 Pleaa let mr know if there is any additional information I can provide or If there are any questions, Best Paul AON Services Group BION January 21, 1998 Aon Services Group ORDER FORM and INVOICE (Please return this page with your order.) Paul M. Bondy Huntington Ti Block Insurancegericy, Inc, 1120 20th Street, N. W, Washington, I C 20036-3406 Re: Yakima County Coalition for the Homeless 107 S. 6th Street Yakima, WA 98901 United Way of America National Program 310 Reference No, 013451 Please make overage effective )rmraect� e -t ttr--eu rent pliey, with Limits and Deductible a circled below: =ra on_d&te-o (If you curretly have no coverage, we will be able to make coverage effective the day after the postmarked date of your order.) Limits of Liability Each Loss/Each Policy Year $4_000,00 1,0001000 $1,00,00 00 / /1,000,000 -- Annual Deductible Premium $04, _ $925 ' $Q$ $1,017* )YES I want the two-year, fixed premium policy. ()ONO I don't. *includes Fiduciary Liability (ERISA) Coverage of $100,000 with a $0 Deductible. This additioral coverage sublimit does not increase the Limits Each Policy Year. of $2,500 will apply only to employment related claims. This le reflects the current Chubb policy structure. Please review the light Sheet for details, *A Deductible split deductii enclosed I{ig] These quotatio s are valid for 45 days from the date of this letter, E closed is our Check # I2 7/ , made payable to Huntington T. Block Insurance Agency, Inc. If you wish to pay this premium in installments, we have a premium financing option available1. Please call me for information. The correct pej son in our organization to receive insurance correspondence is 13 avPlease P card '�( ''l`"— Scrzl r r rintzJ�Title mccu�sir We have enclosed any requested material. (509)%7-y`115 Re Affinity I urance Services, Inc 1120 20th heft, N. W, Washington, D. C. 200364406 (202)2234 76 Toll Free (800)432_7465 Fax (202)857.0143 623-6.1A (Int_Q__ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No: ! .5- For S For Meeting of: Sept. 16. _1997 ITEM TITLE: 1997 Community Housing Development Organization Contract SUBMITTED BY: Glenn Valenzuela, Dir. of Community and Economic Developme CONTRACT PERSON/TELEPIIONE: William Cook, Neighborhood Development Services Manager (575-6101) SUMMARY EXPLANATION: Community Housing Development Organizations (CIIDO's) are entitled to 15% of the jurisdictions allocated federal Home monies. Home Program Funds may he used for housing development, sponsored and/or owned by CIIDO's. Eligible activities include the acquisition, rehabilitation and new construction of rental housing, homeownership and renter assistance. Yakima County Coalition for the Homeless a state certified CIIDO is requesting $39,825 to assist in the rehabilitation of a transitional housing duplex, consisting of two two- bedroom units located at 313 North 9th Street. The total Rehabilitation cost is $102,890. Yakima Federal Savings and Loan Association will provide $46,895 and Washington State 1 lousing Trust Funds $16,170. Approval of this resolution will authorize and direct the City Manager to execute a contract with the Yakima County Coalition for the Homeless, which will include a project description, work plan with identification of sources and use of funds, a requirement that Yakima County Coalition of the Homeless raise $64,065 of private funds and complete the project by March 1, 1998. Resolution X Ordinance_ Contract Other Specify Funding Source: ROME APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: APPROVE THE ATTACH RESOLUTION BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: MEMORANDUM September 16, 1997 To: ynn Buchanan, Mayor, City Council Members, From: • • m Cook, Neighborhood Development Services Manager Subject: rant of Community Housing Development Organization (CHDO) funds to the Yakima County Coalition for the Homeless: Agenda Item #15 A 313 North 9th Street Background: • Between January 1995 and June 1996, the Housing Foundation spent $57,170 to acquire the vacant lot at 313 North 9th Street, construct new foundations for two units and relocate 2 houses from the I-82 Interchange Project. Source of funds: ' $20,000 State Housing Trust Fund $37,170 City CHDO funds Total: $57,170 • In July 1995 The Housing Foundation deeded the property to the City. • On May 31, 1996, at the request of the City, the Yakima County Coalition purchased the property from the City for the appraised value of $41,000 (maximum sale price allowable by U.S. Department of Housing and Urban Development regulations) Source of funds: $41,000 State Housing Trust Fund • Following the sale of this property, the City's net investment was $16,170. The Yakima County Coalition for the Homeless offered to submit the City's additional expenses for reimbursement from their State grant if the City agreed to allow the Coalition to use these funds on the project in the future. The City agreed. • In August 1997 the Coalition submitted a request to the Office of Neighborhood Development Services for 1997 CHDO funds to take the two buildings down to the first floor and rebuild as new construction. Request for Council Action: • Approve a Grant of 1997 CHDO funds to the Yakima County Coalition for the Homeless to be used with private funds from the Yakima Federal Savings & Loan Association and $16,170 received by the Coalition from the State Housing Trust Fund to construct two transitional housing units on the existing foundations at 313 North 313 9th Street. Source of funds: $39,825 City CHDO Funds $46,895 Yakima Federal Savings & Loan $16,170 State Housing Trust Fund Total: $102,890 • Conditions of the Grant Agreement with Yakima County Coalition for the Homeless will include: 1. identification of sources and uses of funds 2. a requirement that the Coalition invest $63,065 of Non City Funds (62% leverage), and 3. the project be completed by March 1, 1998 Summary: Total project cost: $160,060 divided by 2= $ 80,030 per unit Total City investment: $ 16,170 $ 39,835 $ 55,995 divided by 2= $ 27,997.50 per unit Administration 575-6113 Code Enforcement Permit Center 575-6121 575-6126 Fax: 575-6105 Engineering Division 575-6111 Fax: 575-6105 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 North Second Street Yakima, Washington 98901 Glenn J. Valenzuela, Director NOTICE OF NONCOMPLIANCE AND ORDER TO COMPLY WITH THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Neighborhood Development Services 112 S. 8th Street Yakima, WA 98901 575-6101 Fax: 575-6176 Cable Communications Division 1103 S. 24th Ave. Yakima, WA 98902 575-6092 Fax: 576-6380 YCTV Y -PAC 575-6092 ycty@wolfe. net September 10, 1997 Yakima County Coalition for the Homeless 107 S 6th St Yakima WA 98901 Subject Address: 313 N 9th St The real property affected by this Notice and Order is legally described as follows: COLLEGE ADD YAKIMA: LOTS 9 & 10 BLS 187 (Assessor's Parcel No. 191318-43494) YOU AND EACH OF YOU ARE HEREBY NOTIFIbD that the Building Official of the City of Yakima, Washington has inspected the above described property and has found the same to be dangerous. Conditions found to render the property dangerous under the provisions of Section 202 of the Uniform Code for the Abatement of Dangerous Buildings (UDBC) and defined at Section 302 of the UDBC, adopted by ordinance and referred to as Title 11 of the Yakima Municipal Code, are as follows: General: Sec.202 All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code. Dangerous Building: Sec. 302.(18) For the purpose of this code, any building of structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or it's occupants are endangered: 1. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings .Yakima uneticscaY lir 1994 Substandard Notice & Order September 10, 1997 Page 2 2. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children;(ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. The structures on your property have not been completely demolished and are considered dangerous buildings and a public nuisance. IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE THE FOLLOWING ACTION: Obtain the required permit, completely demolish the buildings and remove all resulting debris from the property. Actions taken to abate the violation(s) listed above must be completed on or before September 19, 1997. If any required repair or demolition work is not commenced within the time specified, the Building Official (i) will order the building vacated and posted to prevent further occupancy until work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. Any person having any record title, or legal interest in the building may appeal (Sec. 1201(a)) from this Notice and Order, or any action of the Building Official, to the Board of Appeals, provided the appeal is made in writing and filed with the Building Official within 30 days from the date of service of Notice of Order. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. Failure to comply with this Order may subject you to civil penalties in any amount not to exceed $250 or by imprisonment for a period not to exceed 90 days or by both such fine and imprisonment. Each day of such failure to comply or of such other violation shall constitute a separate violation. If you have any questions concerning this Notice and Order contact Nathan Thompson, Code Compliance Officer at 576-6670, between the hours of 8:00 a.m. & 10:00 a.m. or 3:00 p.m. & 5:00 p.m., Monday through Friday. Very truly yours, Leonard W. Hall, C.B.O. Code Administration Manager 'ode Administration Permit Tracking PT INSPECTION HIST RPT -ADDRESS PT0075 09:53:37 09-16-97 Page 1 Situs Address Inspect Func Date Code Comments Project Permit Inspector 0 St 1 St 313 8 9TH ST 08/01/97 403 CONTACTED MARV - COOALITION FOR THE HOMELESS PROPERTY, SENT LETTER TO COOALITION TO ABATE BY 8/25/97. 313 N 9TH ST 08/07/97 403 TWO STRUCTURES OPEN ON ALL SIDES TO UNAUTHORIZED ENTRY, ALSO TALL WEEDS THROUGHOUT PROPERTY. CONTACT MARV FROM HOUSING - HOUSING PROPERTY? 313 N 9TH ST 08/28/97 403 CONTACTED JEFF FROM COALITION, HE INDICATED THAT A CREW WOULD BE ON SITE 8/29/97 TO WORK ON ABATEMENT OF ONE STRUCTURE AND THAT THE OTHER STRUCTURE WOULD BE DONE THE FOLLOWING WEEK. EXTENDED DUE DATE TO 9/8/97. 313 N 9TH ST 08/28/97 403 WEEDS DOWN, ONE BUILDING COLLAPSED, OTHER STILL OPEN ON ALL SIDES. WILL CONTACT COALITION BY PHONE. 313 o 9TH ST 09/02/97 403 PROGRESS, BOTH BUILDINGS NOW DOWN - COMPLETE ROOF SECTIONS REMALN AS WELL AS DEBRIS. 313 N 9TH ST 09/09/97 403 TOM ALLEN & I RESPONDED TO A COMPLAINT FROM FIRE DEPT REGARDING KIDS ATTEMPTING TO START A FIRE UNDER ONE OF THE ROOF SECTIONS. POSTED PROPERTY, WE THEN WENT TO THE COALITION OFFICE TO NOTIFY OF THE SITUATION. SPOKE WITH OFFICE STAFF AND ASKED FOR A CALL RETURN FROM JEFF WISE. 313 N 9TH ST 09/10/97 403 CONTACTED COALITION OFFICE - JEFF OUT, ISSUED NOTICE AND ORDER PER WOODY WITH A FINAL ABATEMENT DUE DATE OF 9/19/97, 313 N 9TH ST 09/15/97 403 PROGRESS. MOST OF BOTH STRUCTURES HAVE BEEN DISASSEMBLED, SOME OF THE DEBRIS REMAINS ON SITE, HOWEVER, 8 records listed. 82 18981 A 82 18981 A 82 18981 A 82 18981 A 82 18981 A 82 18981 A 82 18981 A 82 18981 A 1. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES Contracting Organization:Yakima County Coalition for the Homeless 2. Address: 107 South 6th Street Yakima, WA 98901 3. Phone: (509) 457-4475 4. Contact Person: Phoebe Nelson, Executive Director 5. Title of Service or Program being Funded: Transitional Hsq. Rehab. 6.. Amount of Contract Award:$39,825.00 (HOME) 7. The term of this agreement shall commence upon execution hereof and shall terminate at 12:00 p.m.,June 30, 1998, unless sooner terminated by either party in accordance with Section XXIII or Section XXV of incorporated Exhibit "A". 8. This contract award and the rights and obligations of both parties hereto shall be subject to and governed by the following: 1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this reference; and 2) Operating budget including sources and uses statement and work plan including building peLmit and set of plans, all attached hereto as Exhibit "B" and incorporated herein by this reference. 9. Final contract payment shall be subject to satisfactory completion of project described in Exhibit B, submission of certification of occupancy and contractor/subcontractor lien releases, and satisfaction of all contract terms and conditions as stated in Exhibit "A". This written document and incorporated exhibits constitutes the entire agreement between the parties. IN WI and Gle N S THEREOF parties have executed this contract as of the day indi d e ow. Rice, Acting CED Director Signature ` TitleL) Contracting Organiza Date tion Date 1 ATTEST: City Clerk CITY CONTRACT #98-36 RESOLUTION #R-97-121