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HomeMy WebLinkAbout07/18/2017 08 HOME Funding Agreement with Yakima Valley Partners Habitat for Humanity; Construction of Four Low Income Housing UnitsBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 8. For Meeting of: July 18, 2017 ITEM TITLE: Resolution authorizing contracts with Yakima Valley Partners Habitat for Humanity not to exceed $165,000 of HOME Investment Funds for land acquisition and construction of four single-family residential units at 505 E. R Street, 509 E. R Street, 511 E. R Street, and 608 S. Naches Ave. SUBMITTED BY: Joan Davenport, Al CP, Community Development Director Archie Matthews, ONDS Manager (509) 575-6101 SUMMARY EXPLANATION: As the annual recipient of HOME Investment (HOME) Funds from the Department of Housing and Urban Development (HUD), the City of Yakima is required to utilize these funds for "affordable housing" within its jurisdiction. Yakima Valley Partners, Habitat for Humanity as a Qualified CHDO is requesting one hundred, sixty-five thousand ($165,000.00) for the acquisition of four (4) building lots to construct four new single-family low income housing units. The City of Yakima, in granting available HOME Funds to the Yakima Valley Partners, Habitat for Humanity allows for continued decent, safe, affordable housing within the city of Yakima that serves its low to moderate income citizens. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D Resolution HabHum 7/10/2017 D Contract 608 S Naches Ave 7;10/2017 D Contract 505 E R St 7/1012017 D Contract 509 E R St 7/10/2017 D contract 511 E R St 7/11;2017 Type Resolution Contract Contract Contract Coyer Memo 2 A RESOLUTION 3 RESOLUTION NO. R -2017 - authorizing agreements with Yakima Valley Partners, Habitat for Humanity not to exceed $165,000 in Federal Housing and Urban Development HOME funds for construction of four new 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 #14.218 in the amount of $410,678, which must be used to invest in affordable housing in the City of Yakima; and WHEREAS, The Yakima Valley Partners, Habitat for Humanity has constructed numerous low to moderate income housing units within the City of Yakima for low to moderate income persons and families; and WHEREAS, Habitat for Humanity wishes to construct four low to moderate income housing units within the City of Yakima to add to the low to moderate income housing stock; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of its residents to enter into agreements with Yakima Valley Partners, Habitat for Humanity to construct four 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 agreements with Yakima Valley Partners, Habitat for Humanity for four low to moderate income housing units in the total amount of One Hundred Sixty Five Thousand dollars ($165,000.00) in federal housing and urban development HOME Investment funds to fund construction of four units of affordable housing for low to moderate income persons within the City of Yakima. A copy of the agreements are attached hereto. ADOPTED BY THE CITY COUNCIL this 18th day of July, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 4 AGREEMENT BE EEN THE CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES AND AWARDEE — HABITAT FOR HUMANITY (1220 South leth Avenue) 1. AVVARDEE: Yakima Valley Partners Habitat for Humanity 2. Address. 21 W. Mead Ave. Ste 110, Yakima, WA. 98902 3. Phone: (509) 453-8077 4. Contact Person: Isabel Garcia , 5. Title of Service or Program being funded: New Construction of sine family home located at: 608 Neches Ave. Yakima WA 98902 6. 7. Amount of Contract Award: $45,000 (HOME) CFDA Contract # 14.218 7. The term of this Contract shall commence upon the execution date of Contractorsreceipt of "Letter to Proceed" from City of Yakima t ce or Neighborhood Development Services and terminate on July 1, 2019 at midnight, unless sooner terminated by either party in accordance with Section XXII of Exhibit "A", attached hereto and incorporated herein by this reference. 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- , a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference. Frial Contract payment shall be subject to satisfactory completion of the project described in Exhibit "B", and satisfaction of ail contract terms and conditions, including, but not limited to, the submission of the final report and billing invoice information within thirty (30) days of the contract closing date, and as stated in Exhibit "A", Exhibit "B" and Exhibit This written document, together with all of the incorporated Exhibits hereto, constitutes the entire Contract and te s 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 Cliff Moore City Manager AWARD".. E: Habitat or Humard ,,,,,,,... By: kavl Title: MC ri vta- Date: Date: 1 of 25 City of Yakima 6115/2017 5 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), including funds that are reserved forth° use of Community Housing Development Organizations (CHD0s); and WHEREAS, the Yakima Valley Partners Habitat for Humanity (hereiriafter referred to as "AWARDEE" or "Contractor") has been certified with the CITY as a CHDO, and has submitted a proposal for use of CHDO funds for a CHDO-eligible project under HOME regulations; 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 HI -SCOPE OF WORK, hereof. C. WORK — is hereby defined as all the professional, technical and construction services to berendered 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 1n24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 12839. Section H Te 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: July 1„ 2019 In addition, this project is subject to ongoing compliance requirements of HOME for Fifteen (15) years from the date of initial occupancy. During this Fifteen year compliance period, the AWARDEE will assure continued compliance with HOME 3 5725 City of Yakirna 6/15/2017 6 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 other governmental authorities having jurisdiction over the PROJECT, or other delays that are not causedby 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, inc uding, but not limited to, Exhibit "B" 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 allowable costs/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 AVVARDEE's proposal as received by the AGENCY on May E. 2017. The aforementioned document will be considered to be a part and portion of this agreement fully incorporated herein. 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 4 of 25 City of Yakima 6/15/2017 7 shall be required prior to payment of any 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 COBG 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. 5 of 25 City of Yakima 611512017 8 F. Within thirty (30) days of the contract closing date, AWARDEE shall submit a final invoice that includes ail unpaid invoices and a final report. Final payment shall be made only afterthe CITY has determined that all services have been rendered, files and documentation delivered (including the final invoices and final report), and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long-term use restrictions. If the final invoices and report are not received within thirty (30) days of the contract closing date, AWARDEE understands and agrees that it will not receive any payment for any final pending unpaid invoices, 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 six years aftercompletiori. Section V — Project Requirements The AWARDEE agrees to comply with all requirements of the HOME Program as stated in 24 CFRPart 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 theproject. 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 inthe case of a rental project, a deed covenant as required by 24 CFR Pan 92. C. The AWARDEE will ensure that any expenditure of HOME funds will be in compliance with the requirements at 92206, and aoknowledges 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 unitswili 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 6 of 25 City of Yakima 6115/2017 9 requirements as found in 24 CFR 92.252 (rental) or 92 254 (owner -occupied) as applicable. The AVVARDEE shall collect and maintain Project beneficiary Mforrnation 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 HOMEProgrant F, In the selection of occupants for PROJECT units, the AWARDEE shall comply with all 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 (HOS), 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, 1. If the PROJECT is to be owner -occupied, the AVVARDEE 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)). 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 AVVARDEE 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 AVVARDEE will ensure compliance with 92.254(a)(7), as modified by the 1999 Appropriations Act, Section 5998. M. AVVAFRDEE will be monitored by the AGENCY for compliance with the regulations of 24 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 Six (6) yearsafter 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 ProjectRequirements 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 AVVARDEE 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 7 of 25 City of Yakima 6/15/2017 10 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"). All net sales proceeds from the sale of units are considered to be CDHO proceeds that may be retained by the AWARDEE and used in conformance with 24 CFR 92,300(a)(2), to be retained by the CDHO and used to further affordable housing for qualified first time home buyers within the City of Yakima. Section VII CHDO Provisions It is understood that the AWARDEE has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT/AGREEMENT in accordance with 24 CFR 92. The AWARDEE agrees to provide information as may be requested by the AGENCY to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. Any funds advanced as CHDO pre -development funds must be in compliance with 92.301, and are forgivable only under the terms in 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92208. Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this Agreement. if the project is rental, the AWARDEE will create and follow a tenant participation plan as required in 24 CFR 92.303. Section WI — 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 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 PROJECT: procurement under this 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. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 8 of 25 City of Yakima 8115/2017 11 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. If the Contractor elects to capitalize and depredate 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. 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 OROS. 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 OROS or federal 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, 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 excepted. In addition, it is understood that any AWARDEE that can be considered to be a religious organization shaliabide by all portions of 24 CFR 92.257. Section IX — Conflict of iriterest Provisions The AWARDEE warrants and covenants that it presently has no interest and shall not acquire anyinterest, 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 performanceof this contract, no person having such interest shall be employed. HOME conflict of interest provisions, as stated in 92.358, 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: 9 of 25 City of Yakima 515/2017 12 Any interest in any Writ rad, 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 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 8442, as they apply, Section X — 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. 10 of 25 City of Yakima 6/15/2017 13 Section XI — 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 behalfof 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 acollective 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. D. AWARDEE will comply with ail 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 othe 'se provided by law. 0. 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 11 of 25 City of Yakima 8115/2017 14 interest of the United States. Section XII — Labor, Training & Business Opportunity AWARDEE agrees to comply with the federal regulations governing training, employment andbusiness opportunities as follms: 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 iri 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. AVVARDEE 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. AVVARDEE will include this Section 3 clause in every subcontract for work in connection with 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 AVVARDEE will not subcontract with any subcontractor where it has notice or knowledge that the !after has been found in violation of regulations under 24 code of Federal Regulations and will not Mt 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, 0. 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 XIII — Compliance with Federal, State & Local La A. GENERAL The AVVARDEE 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 arid Housing Section 3 of the Housing and Urban Development Act of 1968; 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 AVV.ARDEE covenants and warrants that it will indemnify and hold the City forever free and 12 of 25 City ofYakima 6/1512017 15 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 8 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—PRIIVIARY 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. (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 13 of25 City of Yakirna 6/15/2017 16 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 Meligible, 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 prohthited). 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 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 seq; 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). 14 of 25 City of Yakima 6/1512017 17 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 (P1. 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, 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, the City, 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 882.109). 17. WBE/MBE (24 CFR 85.36 (e)). Section XIV — Suspension & Te ination In accordance with 24 CFR 85.43, suspension or termination may occur if the AWARDEE materially fails 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 stipulations of 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 may be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination if all necessary documentation is provided to the CITY. 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 XV— 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 15 of 25 City of Yakima 6/15/2017 18 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, Tess 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 XVI — 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 proceedwith 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 affect 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 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 XVII — Reporting Responsibilities AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY to theAGENCY on the following due dates: October 1, January 1, April 1, and July 1, next following thedate 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 financial records pertinent to the project. Additional reporting requirements are included in Exhibit B. Section XVIII — Inspection, Monitoring 8 Access to Records CITY reserves the right to inspect, monitor, and observe work and services performed by theAWARDEE 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 six (6) 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 16 of 25 City of Yakima 6/15/2017 19 representatives to any books, documents, papers, and records of the AVVARDEE or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions, Section XIX — 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 tothe 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: Awardee address: City Manager Yakima City Hall 129 North 2nd Street Yakima, Washington 98901 Habitat for Humanity 21 W. Mead Avenue, Suite 110 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 conditionscontained 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 be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Washington or 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. AVVARDEE 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. 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 17 of 25 City of Yakima 6/15/2017 20 local government may eirectto 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 orassignment 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 arid 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 thisAgreernent, including all other acts or omissions to act on the part of AWARDEE, including anyperson 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. M. AWARDEE and its employees and agents shall be deemed to be independent contractors, andnot 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 offunds, or authorization, reduction of funds, and/or change in regulations, 18 of 25 City of Yakiina 6/15/2017 21 Exhibit "B" Yakima Valley Partners Habitat for Humanity A) PROPOSAL SUMMARY/PROJECT ABSTRACT Yakima Valley Partners Habitat for Humanity will construct a single family home located at 608 Neches Avenue and sell it to a qualified low income first time homebuyer and monitor the "Affordability Period" for a period of no less than Fifteen (15) years, after which all net proceeds shall be granted to Habitat. B.) ASSESSMENT OF NEED/PROBLEM STATEMENT Yakima Valley Partners Habitat for Humanity will provide the construction of a single family dwelling to be sold to a qualified low to moderate income first time homebuyer and monitor the project for a period of no less than Fifteen (15) year affordability period in exchange for all net proceeds redeemed from the sale of the home located at 608 Neches Avenue. C) PROGRAM GOAL AND OBJECTIVES Goal Create another affordable single family residence within in the City of Yakima. Objectives 1. Prepare site for construction. 2. Construct a new single family dwelling. 3. Sell the new single family home to a qualified low to moderate first time homebuyer. D.) METHODOLOGY From the contract execution date to continue until the termination date at which it will expire at midnight, Yakima Valley Habitat for Humanity will construct a new single family dwelling to be sold to a qualified low to moderate income first time homebuyer to be monitored for a Fifteen (15) year affordability period per HUD regulations governing HOME Investment funded projects. E.) OUTCOMES & EVALUATION As a condition of reimbursement, Habitat for Humanity will, 1. Prepare the site for construction, 2. Construct a new single family dwelling. 3, Sell the property and dwelling to a qualified low to moderate income first time homebuyer. 4. Monitor the property at 608 Neches Avenue for a period of no less than a Fifteen (15) year affordability period as per HOME Investment requirements. F.) BUDGET Yakima Valley Habitat for Humanity will be reimbursed up to $45,000 between the contract execution date and terminate on July 1, 2019 at midnight, for eligible activities, subject to the terms and conditions of the Contract. 19 of 25 City of Yakima 6115/2017 22 HOUSING PLAN The proposed project is lo ; • within an exi g single fu ily developed lot in Yaki ; . To the north, - t, west and south there • - single ft ily residences. The project is located in close pro ity to child c - centers, elementary and middle schools, wi halfa le of the n- ; est high school, and Yak. a Co # I "w College site. There ; - medical se bees available, local grocery stores, city parks, and multiple ch bes of 'various deny ; ;ons, less than a mile a ; y the City Hall, police and fire dep; agent The proposed site is a vacant build - ; # y lot located on 608 S Neches Avenue, Y P eIN ber 191319-43444 ' r., . • 0. e*" • „,00-t 0.#1 r a;7 2.7,-7 wo.o.P7. .7° a WA 98902 • • r . ' • ..' 01 It ..„ 04' :44. . 44* ; n , '44 ' 'VS ''' 1.1' ' : . .' .....M... 4' I ''''' n. fa: - ... ...' , -104' r ''..' well - ' '0'3. - .-' '—ur4 , ----ttmt- t.,.'"4*, 4,4* ........• . . L../44 ""'„"._ ' m4 . _ . .... Habitat pl to serve one ; ily whose income is at or below 60% County. Habitat builds 3 and 4 sa. 6 OM homes d- # - ding on the f one oldie floor pl we may utilize. a median income for Yaka ily needs. Following is a copy of itat's homes rating red ' ents. Please see no ckedpr energy jr 1 rated at thi 23 • ILX s time; however a lot of our features meet the ener nt budget Habitat's proposed home will serve a very low income f; sly whose income is at or below 60% MedIncome in Yaki ; County. ; star PROJECT SU RY PROJECT NA 608 S Neli•-• Avenue Rome Project A... - ss: 608 S Neches Ave, City Y; *sa, WA 98902 Project 0 er Y; a Valley P; . Habitat for H ity B. PROJECT DET • ' L Type of Project X Single F; ily Dwelling 2. Type of Activity X New Construction Total number of units 1 Number of 110 asgisted units 4.110 funds nested $45.000.00 24 C. SITE INFO ATION 1.1s the site c ntly under control of the applicant? YES or NO If YES, control is in the fo of: Deed Option or Sales Con. ; t Expiration of contract or option: Ye, ,itat is the o er of the IVO • " 2. Is site properly zoned for the development? YES or NO If NO, is site c zoning? The proposed site is c ntly zoned R -I Residential tly in the p ess of 1 all n sstuy utilities p endy a ; 'table at the site? YES NO If NO, which utilities need to be brought to the site? The proposed site is a build ready lot with all of the utilities in place. Enyiro t l Pmpeny Address Address of the prop located prop! yo here ur rot l 08 Neches Ave A 98902 a Valley r •tt for 21 e Y A 98902 yh hi y, c: ay o Is 500 feet of Is propert3r/project si in Runway Zone / Clear Zone? e property/project Potential Zone? TI ON NFO es s project pro No, the proposed site YES 25 26 PROJECT DEVELOPMENT COST ESTIMATE A. PROJECT COSTS 1.To Purchase Land/Buildings 2.Site Work 3.Aquisition & New Construction New Building Hard Costs Contractor Overhead Contractor Profit Subtotal 4.Contingency CITY OF YAKIMA ONDS HOME PROGRAM FUNDS $25,000 YAKIMA VALLEY PARTNERS HABITAT FOR HUMANITY r YOUTH BUILD PARTNERSHIP WITH OIC TOTAL COSTS $25,000 Construction Contingency Subtotal 5*.Architectural & Engineering Fees Architect Fee -Design Architect Fee-Supervislo Subtotal 6.*Interim Costs Construction Insurance Construction Interest Construction Loan Origin Construction Loan Credit Taxes Subtotal 7.*Financing Fees and Expenses Bond Premium Credit Report Permanent Loan Origin fee Cost of Issue/Underwriter Title and Recording Subtotal 8. Total Development Costs $20,000 $45,000 $45,000 $20,000 $20,000 $450 $250 $1,700 $1,125 $300 $650 $1,600 $450 $26,525 80,000 80,000 $120,000 $145,000 $450 $250 $1,700 $1,125 $300 $650 $80,000 $1,600 $450 $151,525 27 EXHIBIT "C" RESOLUTION 25 of 25 City of Yakima 6/1512017 28 AGREEMENT B EN THE OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES AND AWARDER - HABITAT FOR HU I (1220 South 16th Avenu) 1. AWARDEE: Yakima Valley Partners Habitat for Hurnanitv 2. Address: 21 W. Mead Ave. Ste 110. Yakima. WA. 98902 3. Phone: (509) 45 77 4. Contact Person: Isabel Oa 5. Title of Service or Program being funded: New Construction of single farrtilv home located at: E. "R" = et Yaki WA 98901 S. 7. Amount of Contract Award: $40.000 (HOME) CFDA Contract # 14.218 7.The tem of this Co et shail commence upon the execution date of Con ors' remipt of "Letter to Promed" City of Yakima Office or Neighbottood Developrrtent Services and terminate on July 1. 2019 at minight, unless smner terminated by either party in a rdance on XXII of ibit "A", ed he and incorpo h in by this reference. ; 0 ; • This co et ard and the rights and obligations of both parties hereto shall be subject to and gove d by the foil 'ng: (a) 'Terms and Conditions" attached he as ibit "A" and incorporated herein by this ;-• renw; and (b) Op :ting budget including the funding sou .= s and uses statement and the Mart, hereto as Exhibit "B" and incorporated herein by this = ce. (c) City of Yakima Resolution No. R- , a copy of which is ed hereto as ibit "C" and incorporated herein by this -re (0 Final Contract payment shall be subject to satisfactory completion of the project de bed in 1 bit "6', and satisfa..!.n of all contract terms and conditions, including, but not limited to, the submission of the final report and billing invoice inform, ..n within thirty (30) days of the contract closing date, and as r: .-d in ibit "A", Exhibit "B" and ibit "C". This an . • nt ..! .ther with all of the in.. ..rated ibits hereto, cons s the entire Contract and terms of ag .. rrtent be ..= n the parties hereto. IN WITNESS THEREOF the parties have exe .d this Contract as of the day and year stated bel CITY OF YAKIMA Cliff Moore, City Manager Date: AWAR EE: Habi By: Title: Date: 1 of 25 CB a Yakima &i5/2017 29 Joan DavenpoC A EST CDD Di C ar Tee, City Clerk City No.: s{ 25 Cit 1 1 30 EXHIBIT "A" TERMS AND CONDITIONS W1TNESSETH WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program Funds from theU.S. Department of Housing and Urban Development (HUD), including funds that are reserved forthe use of Community Housing Development Organizations (CHDOs); and WHEREAS, the Yakima Valley Partners Habitat for Humanity (hereinafter referred to as "AWARDEE" or "Contractor) has been certified with the CITY as a CHDO, and has submitted a proposal for use of CHDO funds for a CHDO-eligible project under HOME regulations; 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 1— 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 AWARDEEagrees 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 111 -SCOPE OF WORK, hereof. C. WORK — Is hereby defined as all the professional, technical and construction services to berendered 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 in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 - 12839. Section 11— 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 sicinature. Interim Milestones/Deadlines (list below): Project Completion Date.: July 1. 2019 In addition, this project is subject to ongoing compliance requirements of HOME for Fifteen (15) years from the date of initial occupancy. During this Fifteen year compliance period, the AWARDEE will assure continued compliance with HOME 3 of 25 City of Yakina 0/15/2017 31 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 Toss 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 other governmental authorities having jurisdiction over the PROJECT, or other delays that are not causedby 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, including, but not limited to, Exhibit "B" 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 allowable costs/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 as received by the AGENCY on Mav 8, 2017. The aforementioned document will be considered to be a part and portion of this agreement fully incorporated herein. 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 4 of 25 CRv of Yakima 6/152017 shall be required prior to payment of any approved project budget, rises not 32 forming to the The City reserves the right to hold payment until adequate a • mentation has been provided by the or - * revi by the City. The Cont . or ag s to the fell brovisioris in satisfying the terms and conditions of this co . ct. PAYMENT AND DISBURSEMENTS: Disburse nts by the City of Yakima from this con gran rd shall be on a reimbursement basis covering actual expenditures by the Contractor or obligations of the C* or currently dim and *rig, but not paid. Disburse :nts shall be limited to all. .ble costs and so shall be made un the a .. rrence of all the foil ing, in add' to any r dig* - .* Wined herein or in the s ,-- *al conditions: 1. R ipt by the City of Yakima ONDS of a wri reimbu nt uest on fo s pawl. - by the City of Yakima ONDS suppo .= # by =roles of vouchers, invoices, salary and .ge summaries, or other a .:ptable d mentation, 2. Determination by the City of Yak' ONDS that to expenditures or obligations for which reimbu ..nt is sought constitute all. ale costs under the principles set forth in Fed Management Ci tar 744 "eligible costs under the CDBG Program" and that also fall in the applicable Project Budget. The Co ctor shall submit monthly written claims for reirribu - semi Performed under this Agree;•-nt- ment of C. No payment shall be made for any service rendered by the Co dor except for senrices within the $.* • e of a - ..pry set in the budget in Exhibit of this Contract, and all funds received must be used for service as identified in ibit "B" of this Contract. D. 1, The Contractor shag submit to the City of Yakima ONDS a en request for approval of budget revision :n a pro* a- :d revision -ult in an se or de : :se of ten pe a:nt (10%) or *re per home, from what has been set forth in the approved budget subjed category, City's written budget revision approval must be received by the Contractor prior to the Co or incurring any expenditures against the revised budget subject categories. E. 2. ,:n the revision of the Co dor budget a a .s not x�d ten pe nt (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 art, erves the right to insml a rds and project sites to determine that reimburse nt and compensation requests are reasonable. The CITY also reserves the right to hold payment until adequate documentation has been provided and revi t an of Yeklina ail 17 33 F. Within thirty (30) days of the contract closing date, AWARDEE shall submit a final invoice that includes all unpaid invoices and a final report. Final payment shall be made only afterthe CITY has determined that all services have been rendered, files and documentation delivered (induding the final invoices and final report), and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long-term use restrictions. If the final invoices and report are not received within thirty (30) days of the contract dosing date, AWARDEE understands and agrees that it will not receive any payment for any final pending unpaid invoices. G. CITY shall have the right to review and audit all records of the AWARDEE pertaining toany payment by the CITY. Said records shall be maintained for a period of six years aftercompletion. Section V — Project Requirements The AWARDEE agrees to comply with all requirements of the HOME Program as stated in 24 CFRPart 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 theproject 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 inthe 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 unitswill 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 6 of 25 CRY of Yaldirta 6/15/2017 34 requirements as 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 HOMEProgram. F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with all 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 of 24 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 Six (8) yearsafter 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 ProjectRequirements 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 70f25 City of Udine W15/2017 35 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"). All net sales proceeds from the sale of units are considered to be CDHO proceeds that may be retained by the AWARDEE and used in conformance with 24 CFR 92.300(a)(2), to be retained by the CDHO and used to further affordable housing for qualified first time home buyers within the City of Yakima. Section VH CHDO Provisions It is understood that the AWARDEE has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT/AGREEMENT in accordance with 24 CFR 92. The AWARDEE agrees to provide information as may be requested by the AGENCY to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. Any funds advanced as CHDO pre -development funds must be in compliance with 92.301, and are forgivable only under the terms in 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this Agreement. If the project is rental, the AWARDEE will create and follow a tenant participation plan as required in 24 CFR 92.303. Section VIII — 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 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 govemment. 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 insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 8025 City of Yaklina 6115/2017 36 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 depredate or claim acquisition cost as a direct item of cost shall be irrevocable. 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 fumished 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 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 excepted. In addition, ft is understood that any AWARDEE that can be considered to be a religious organization shallabide by all portions of 24 CFR 92.257. Section IX — Conflict of Interest Provisions The AWARDEE warrants and covenants that it presently has no interest and shall not acquire anyinterest, 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 performanceof 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: 9 of 25 CAN of Yaldina EY15/2017 37 Any interest in any con , sub.; tract or agreement respect to a HOME - assisted project or program administered by the AWARDEE, or the pro thereunder, or Any unit ben or financial assistan.. associated programs administered by the AWARDEE, including: 0 pancy of a - housing unit in a HOME-assi Receipt of HOME teriant-based rental assistance; Pu :$e or project * VIP 10",:•• ;.* HOME projects or rental prject pancy of a homebuyer unit in a HOME-assistoi Rept of HOME homebuyer acquisition assistance; or R ipt of HOME er-o pled rehabit . on assistance. 4.17, This prohibition does not apply to an employee or agent of the AVVARDEE 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, e ;tons to these provision may be requested by the AWARDEE in writing to the Participating Jurisdiction. The AWARDEE must demon I g- and certify that the wholes and p ; ures adopted for the activity will ensure fair t ..tment of all parties, and that the covered persons ren.- ; in this policy will have no inside information or undue influence regarding the -.rd of contracts or ; ads of the HOME assistance. The Jurisdiction may grant exceptions or fo rd the requests to HUD as permitted by24 CFR 92. ; 85.36 and S4.42, as they apply. Section X City Responsibliftles CITY shall furnish the AWARDEE with the foll in services and information from existing CITY records and CITY files: A. CITY shall provide to the AWARDEE information regarding its requirem for the PROJECT. B. artr will provide the AWARDEE with any changes in HOME regulations or program limits that a the project, including but not limited to income limits, property value limits and rent limits. C. CITY will conduct progress inspection of .rit completed to protect its interests as lender and regulatory authority for the project, and will provide information to the AWARDEE regarding any prog -* inspections or monitoring to assist it in ensuring compliance. cryys revi. and approval of the •RK will relate only to overall compliance with the general requirements of this Ag ..rnent and HOME regulations, and all CITY regulations and ordinances. Nothing • tained herein shall relieve the AWARDEE of any responsibility as provided under this Ag rrient. 10 025 citv *TVs - e15/1411 38 Section XI — Equal Employment Opportunity During the parfomiance 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 behalfof 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 acollective 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 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 11 of25 City af Yakima 6/15/2017 39 interest of the United States. Section XII — Labor, Training & Business Opportunity AWARDEE agrees to comply with the federal regulations governing training, employment andbusiness 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 issuedpursuant 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 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 XIII — 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 1968; 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 12of25 Citv of Yakina 6/15/2017 40 harmless with respect to any and all damages whether directly or indirectly arising out of the provisions and rnaintana - of this tite tract, AWARDEE ag s to comply with all appli ttb standards, orders, or requirem issued under section 308 of the Clean Air Act (42 U.S.., 1857(h)), section 508 of Me Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental P . 'on Agency regulatioris (40 CFR part 15). AVVARDEE further warrants and ag to include or cause to be included the criteria and requirements of this se 'en in every non-exempt subcontract in excess of $10000O. AVVARDEE also ag :s to take such action as the federal, state or government y direct to enth aforesaid provisions. R. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS, The fol no federal provisions may apply, among others, to this • rad: 1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND Le R TIER COVERED TRANSACTIONS AWARDEE, defined as the primary parIldpant and it principals, certifies by Signing these General Terms and Conditions that to the best of its k Woe and belief t they: Are not presently deba suspended, propo .* for d - *: merit, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Have riot withirt a el year period p been convi : 6 of or tied a civil judgment for commission of fraud or a criminal obtaining, attempting to obtain, or performing a public or private ag ment or section, violation of Federal or State antitrust statutes or commission of em e nt, theft, forgery, bribery, falsificabon or d ction of • Ms, making false statements, tax evasion, iving stolen property, making false claims, Or OOSOU of justice; • ding this Agreement, dered against them in =Ill on 1.41 10: :A( (d) Are not presently indi charged by a govern commission of any of the (1)(b) of this section; and 0 • for or otherwise criminally or civilly entity (Federal, or I* itt: I) with rises enumerated in paragraph (i) Have not within a th year period p ding the signing of this Ag ment had one or *re 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 Ag rnent, the AWARDEE shall attach an explanation to this Ag (ith The AWARDEE agrees by signing this Agreement that it shall not kn. ngly r into any r tier covered transaction with a person who is deba d, suspended, declared ineligible, or voluntarily excluded from partidpation in this covered 13or25 Cliv or Yeklina 8152017 41 transaction. (iv) The AWARDEE further ag by signing this Ag that it will ndude the clause titled "Cartificadon Regarding Deba nt Suspension , Ineligibility and Voluntary Exclusion L. ,r Tier Covered Transaction" as fol , without modification, in all I. ,r tier covered transactions and in all 8011 k ens for r covered transactions: LO R TIER COVERED TRANSACTIONS (i) Each 1s r tier contractor ce by signing this Ag - ent that neither it nor its principals is presently deba suspent proposed for debarment, declared heligible, or voluntarily excluded from participation in this tan- on by any Federal department or agency. (ii) Where die I. r 10r of the statements in this Ag attach an explanation to this Agree tractor is unable to certly to any ment such contractor shall 2. Office of Federal Co :ct Compliance Programs regulations, 41 CFR Pail 80, Ex tive 0 11246 as a ded by Ex Order 12O;, and 24 CFR 570.601 (Discrimination prohibited). The Lead :.-ed Paint Poisoning Pre on Act, 42 USC on 4831 at seq., and HUD regulations implementing the Act, 24 CFR Part 35, where, idential ctures are involved. The Co .ctor shall provide whatever assistance is necessary to enable the City of Yakima's Building Offi I to carry out its in-• (on and certificadon -Fmnsibility under dr. - reguladons. 4. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570.: I .36 CFR Part :**, R 27.44.010 (Na American Burial ), RCVV 27.53.010-.080 (Protection of A . .eological Resou and RCW 43.51.750-.820 (Preservation of Historic Properties). 5. Archit ral Barriers Act of 1* ; : as a .nded, 42 USC seq., imple Sig regulations, and Chapter 70.92 R 6. A..,..ssibility Standard as set forth in 92.251(a)(3). on 4151 et 7. Clean Air Act as amended, 42 USC Se. "..ri 1857 et - Water Poll sn Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Pro - di Agency regulations, 40 CFR Pan 15. 8. Section 3 of Me Housing and Urban Development Act of 1968 (12 USC *on 1701u) and 24 CFR Part 135 (Employment owortunities for project businesses and 1. income persons). 9. Co . Work Hours and Safety Standards Act, 40 USC Sections 327 333, (Overtime Compensation). 10, Davis -Bacon Act, as amen. z 40 USC Sections 276a — 276a —5, and RCW Chapter 3-12 (Prevailing Wage Rates). 140125 Citv of Y- a el 7 42 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, 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, the City, 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 882.109). 17. WBEIMBE (24 CFR 85.38 (e)). Section XIV — Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the AWARDEE materially fails 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 may be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination if all necessary documentation is provided to the CITY. 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 XV — 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 15o125 CO of Yaktina 6/15/2017 43 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 XVI — 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 proceedwith 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 affect 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 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 XVII — Reporting Responsibilities AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY to theAGENCY on the following due dates: October 1, January 1, April 1, and July 1, next following thedate 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 financial records pertinent to the project. Additional reporting requirements are included in Exhibit B. Section XVIII — Inspection, Monitoring & Access to Records CITY reserves the right to inspect, monitor, and observe work and services performed by theAWARDEE 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 six (8) 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 dunng 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 16 of 25 Cftv of Yoklino 6/1512017 44 representatives to any books, d.. rnents, papers, and records of the AWARDEE or its co dors which are directly pertinent to that specific co :,ct for fire purpose of making audit, examination, excerpts, and trait. *ptions. on XIX — rat Conditions A. All notices or other communication which shall or may be given pursuant to this Ag ...merit shall be in writing and shall be delivered by personal service, or by registered mail addre- :d tothe 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 pe ally served; or, if by mail, on the day after being ors = * or Me d= R= of actual 'pt, whichever is earlier. City address: 6,t aaaress: City Manager Yakima City Hall 129 North 2nd S Yakima, Washington 9890 Habitat for Humanity 21 W Mead Avenue, Suite 110 Yakima, Washington 98902 B. Title and paragraph h= = dings are for convenient reference and are not a part of this Ag A. C. In the event of conflict be oonditiona 'bed in any a Me terms of this Ag - nt and any terms or docurn= the terms in this Agreement shall rule. S. No iver or b of any p ision of this Ag =ment shall ooristitute a =iver of a subsequentb =--=ch of the same or any other provision hereof, and no waiver shall be ctive unless made in ling. E. The parties hereto ag a rdhg to thel= of 0.11 that this Agreement shall be const d and enfo of Washington. F. Should any provisions, paragraphs, sentences, words or phrases contained in this Ag t bedetermined by a .. rt of competent jurisdiction to be invalid, illegal or othe e unenfo :able under the 1 of the S of Washington or the City of Yakima, such provisions, . - ...swiss, sentences, .rds or phrases shall he dee : d modified to the extent necessary in order to form with such laws, or if not modifiable to conform with such 1: than sa shall be deemed severable, and in either event, the remaining terms and p s isions of this Ag ent shall remain un ..ified and in full fo ard G. AVVARDEE shall comply with the provisions of the Copeland Anti -Kick -Back Aot(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. 1. AWARDEE further rrants and ag s to include or cause to be included the criteria and requirements of paragraphs (G) through (H) of this se.n in every nonexempt subcontract. The AWARDEE also agrees to take such action as the federal, state or 17o126 Citv of Yakina SI 17 local government may di enfo to= aforesaid provisions. 45 J. The obligations undertaken by AWARDEE pursuant to this Ag =merit shall not M delegatal orassigned to any other person or agency unless CITY shall first consent to the uerfo rice orassignrrient of such service or any part thereof by another m .n or ageny. K This Ag ment shall be bitidirig upon the paies hereto, their heirs, ex representatve, su saars and assigns. ors, legal L. AWARDshall indemnify and save CITY harmless from and against any negligent dams, liabilities, losses and cau..s of a viiin which may arise out of AWARDEE's activities under thisAg ent, iriduding all other acts or omissions to act on the part of AWARDEE, including any . = .n ailing for or on its behalf, and, from and against any orders, judgments, or d =es Which may be entered, and from and against it attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the invesfigation the *IF M. AWARDEE and its emplo s and agents shall be d med to be independent contractors, andnot agents or 7, ployees of the CITY, and shall not ; ;in any rights or Wits under the civil service or pension ordinances of the CITY, or any rights generally afforded classified or unclassified erriploy..; huller they shall not be deemed entftied to state Compensation benefits as an employee of the CITY 41.1" N. Funding for this Ag ment is contingent on the availability of funds and tin authorization for program activities and is subject to amendment or termination due to lack .• nds, or authorization, reduction of funds, andior change in regulations. ISof 25 Cftv of Yokiiiia 6115/2017 46 Exhibit "B" Yakima Valley Pa i re Habitat for Humanity A.) PROP • SUMMARY/PROJCT ABS CT Yakima Valley Partiers Habitat for Humanity will construct a single family home located at 506 E. "R" 4 :et and sell it to a qualified low income first time homebuyer and monitor the "Affordability Period" for a period of no less than Fifteen (15) years,: which) all net pro = *s shall be granted to Habitat. B) ASSESSMENT OF NEED/PROBLEM STATEMENT Yakima Valley Partners Habitat for Humanity will provide the construction of a single family. dling to be sold to a qualifiW 1 to moderate income first time homebuyer and monitor the project for a period of no less than Fifteen (15) year affordability period in exchange for all net proceeds Mee =0 from the sale of the home • Bed at 605 E. "R 5 to C) PROGRAM GOAL AND OBJECTIVES Goal Create another • rdable single family residence within in the City of Yakima. Objectives 1. Prepare site for wnstnictiort 2. Construct a n single family dwelling. 3. Sell the n single family home to a qualified tow to moderate first ti homebuyer. D) METHODOLOGY From the contract execution date to continue until the termination date at which it will expire at midnight, Yakima Valley Habitat for Humanity will construct a n single family s =Hind to be sold to a qualified 1 to more income first time homebuyer to be monitored for a F = zn (15) year - otability pence per HUD mutations governing HOME Inv- - 4 ent funded projects. E.) OUTCOMES & EVALUATION As a condition of reirnbu =merit, Habitat for Humanity wilt, 1. Prepare the site for construction. 2. Con ot a n = single family • =Hing. 3. Sell Be property and =Brig to a qualified 1 to mode::income first time homebuyer. 4. Monitor the property at 505 E. "R" S t for a period of no less than a F (15) year affordability period as per HOME Investment requirements. F) BUDGET Yakima Valley Habitat for Humanity will be reimbu -d up to $4,0,000 be -en the .6 = execution date and terminate on July 1, 2019 at midnight, for eligible activities, subject to the terms and conditions of the Contract. of Cilv of Yokkno 8/1 47 HOUSING PLAN The proposed project is located within an existing single family developed lot in Yakima. To the north, east, west and south there are single family residences. The project is located in close proximity to child care centers, elementary and middle schools, within half a mile of the nearest high school, and Yakima Community College site. There are medical services available, local grocery stores, city parks, and multiple churches of various denominsitions, less than a mile away the City Hall, police and fire department. The proposed site is a vacant build ready lot located on 505, 509 and 511 E R Street, Yakima WA 98902. Parcel Numbers 191307-33460 191307-33461 and 191307-33462 Habitat plans to serve three families whose income is at or below 60% area median income for Yakima County. Habitat builds 3 and 4 bedroom homes depending on the family needs. Following is a copy of one of the floor plans we may utilize. 48 A. PR Project A Proj TN 41 E R Stmt Homes 505. 509., 5011 E R S tt City Y: '; WA 98901 ;• Valley P itat for B. PR4 CT DETAILS L Type ef Projed X Single L Type of A X New C 10;it 3. 3 Total 4J10 11 her of units mated $120NOM C. I * T1ON 1. Is the site c y tinder coittrol of the atvli Option or Sales Co . : Exp on date of Yes, ..tat is the o*ofthepro her of 110 2.1s site properly zoned for the lo O. - 1 tly zoned R-1 YES or NO If or *on: ' control is in the f or NO If NO, is site c •dentia1 yin 3. Are all n utilities tly a le at the site? YES NO If NO, brought to the site? y lot with of the "Willies in p The. ..sed site is a build 41 49 of: Deed s of eedtc 50 to don 21 Ave A 989 Ertb07-3 191307-3346 913 ?- PROJECT DEVELOPMENT COST ESTIMATE A. PROJECT COSTS 1.To Purchase Land/Buildings 2.Site Work 3.Aquisition & New Construction New Building Hard Costs Contractor Overhead Contractor Profit Subtotal 4.Contingency Construction Contingency Subtotal 5*.Architectural & Engineering Fees Architect Fee -Design Architect Fee -Supervision Subtotal 6.*Interim Coats Construction Insurance Construction Interest Construction Loan Origin Construction Loan Credit Taxes Subtotal 7.*Financing Fees and Expenses Bond Premium Credit Report Permanent Loan Origin fee Cost of Issue/Underwriter Title and Recording Subtotal 8. Total Development Costs CITY OF YAKIMA ONDS HOME PROGRAM FUNDS $90,000 $30,000 5120,000 YAKIMA YOUTH BUILD VALLEY PARTNERSHIP PARTNERS WITH OIC HABITAT FOR HUMANITY $ $235,000 $1,350 $750 $5,100 $3,375 $900 $1,950 $1,200 $1,350 $80,000 51 TOTAL COSTS $ 90,000 $345,000 5435,000 $1,350 $750 $5,100 $3,375 $900 $1,950 $1,200 $1,350 5120,000 5250,975 $450,9'75 52 PROJECT DEVELOPMENT COST ESTIMATE A. PROJECT COSTS 1.To Purchase Land/Buildings 2.Site Work CITY OF YAKIMA ONDS HOME PROGRAM FUNDS YAIKIMA VALLEY PARTNERS HABITAT FOR HUMANITY 3.Aquisidon & New Construction $90,000 New Building Hard Costs Contractor Overhead Contractor Profit Subtotal 4.Contingency Construction Contingency Subtotal Engineering Fees Architect Fes -Design Architect Fee -Supervision Subtotal 6.*Interim Costs Construction Insurance Construction Interest Construction Loan Origin Construction Loan Credit Taxes Subtotal 7.*Flnaneina Fees and Expenses Bond Premium Credit Report $30,000 $120,000 $ $ $235,000 $ $1,350 $750 $5,100 $3,375 $900 YOUTH BUILD PARTNERSHIP WITH OIC $80,000 $80,000 TOTAL COSTS $ 90,000 $345,000 8435,000 0 $750 $5,100 $3,375 $900 $ Permanent Loan Origin t Cost of Issue/Underwriter Title and Recording Subtotal 8. Total Development Costs $120,000 $1,950 $1,200 81,350 8250,975 0 $1,950 $ $1,200 $1,350 $450,975 53 a Class B Felony. V for Humanity EXHIBIT C' RESOLE ON Cita Yak f 017 54 55 AGREEMENT BE EN THE CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES AND AWARDEE HABITAT FOR HUMANITY 0220 South 18th Avenue) 1. AWARDEE: Yakima Valley Partners Habitat for Humanity 2. Address: 21 W. Mead Ave. Ste 110, Yakima, WA. 98902 3. Phone: (509) 453-8077 4. Contact Person: Isabel Garcia 5. Title of Senrice or Program being funded: New Construction of single family home located at: 509 E. "R" Street. Yakima WA 98901 6. 7. Amount of Contract Award: $40.000 (HOME) CELIA Contract # 14.218 7. The term of this Contract shall commence upon the execution date of Contractorsreceipt of °Letter to Proceed" from City of Yakima Office or Neighborhood Development Services and termhate on July 1. 2019 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 rk plan, attached hereto as Exhibit "B" and incorporated herein by this reference. (c) City of Yakima Resolution No. R- , 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, including, but not limited to, the submission of the final report and billing invoice information within thirty (30) days of the contract closing date, and 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 Cliff Moore, City Manager Date' 1 of 25 AWARD E: Habitat or Human' Sy: Title: Ti Ft" ret Date: City of Yakima 8/1 17 56 Joan Davenpo CDC Dire se r Date: EST Sonya ic` Tee, City Clerk Citi Contract No.: f 25 i#y of Yakima 6/1 1 57 EXHIBIT TERMS AND CONDITIONS WITNESSETH WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program Funds from theU.S. Department of Housing and Urban Development (HUD), including funds that are reserved forthe use of Community Housing Development Organizations (CHD0s); and WHEREAS, the Yakima Valley Partners Habitat for Humanity (hereinafter referred to as "AWARDEEn or 1Contractor') has been certified with the CITY as a CHDO, and has submitted a proposal for use of CHDO funds for a CHDO-eligible project under HOME regulations; 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 — 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 ori 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 arnourit of money the CITY agrees to pay and the AWARDEE agrees to a* .pt as payment in full for all the professional, technical and construction services rendered pursuant to this Agreement to oorrplete the WORK as further defined in Section ID -SCOPE OF WORK, hereof. C. WORK — is hereby defined as all the professional, technical and construction services to berendered 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 in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 12839. Section 11— 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: July 1, 2019 In addition, this project is subject to ongoing compliance requirements of HOME for Fifteen (15) years from the date of initial ocoupancy During thin Fifteen year compliance period, the AWARDEE will assure continued compliance with HOME 3 of 25 City of Yakima 6/15/2011 58 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 other governmental 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, including, but not limited to, Exhibit "B" 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 allowable costs/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 as received by the AGENCY on Mav 8, 2017. The aforementioned document will be considered to be a part and portion of this agreement fully incorporated herein, 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 4 of 25 City of Yakima 6/15/2017 59 shall be required prior to payment of any 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 conditioris 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 lirriited 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 sentioes 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 Yakirria 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 Cftys 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 revie d. 5 of 25 City of Yakima 811 417 60 F. Within thirty (30) days of the contract closing date, AWARDEE shall submit a final invoice that includes all unpaid invoices and a final report. Final payment shall be made only afterthe CITY has determined that all services have been rendered, files and documentation delivered (including the final invoices and final report), and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long-term use restrictions. If the final invoices and report are not received within thirty (30) days of the contract closing date, AWARDEE understands and agrees that it will not receive any payment for any final pending unpaid invoices. 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 six years aftercompletion. Section V — Project Requirements The AWARDEE agrees to comply with all requirements of the HOME Program as stated in 24 CFRPart 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 theproject. 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 inthe 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 unitswill 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 6 of 25 City of Yakima 6/15/2017 61 requirements as 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-hcome 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 Date Ming Income and Allowances Un the HOMEProgram, F. In the selection of occupants for PROJECT units, the AVVARDEE shall comply with all 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. If the PROJECT is occupied at the time of this commitment, the AWARDEE WiU comply with the relocation requirements of 24 CFR 92.353. H. AVVARDEE shall assure compliance with 24 CFR 92251 as relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. 1. If the PROJECT is to be 0 er-occupled, 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 d ment 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 provisioris 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. AVVARDEE will be monitored by the AGENCY for compliance with the regulations of 24 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 Six (8) yearsafter 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 ProjectRequirernerits 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 7o725 City of 'Yakima 6/15/2017 62 92254(05)00, 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). Ail net saws proceeds from the sale of drifts are considered to be CDHO proceeds that may be retained by the AWARDEE and used in conformance with 24 CFR 82,300(a)(2), to be retained by the CDHO and used to further affordable housing for qualified first time home buyers within the City of Yakima, Section VII CHDO Provisions It is understood that the AWARDEE has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT/AGREEMENT in a rdarice with 24 CFR 92. The AWARDEE agrees to provide information as may be requested by the AGENCY to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. Any funds advanced as CHDO pre -development funds must be in compliance with 92.301, and are forgivable only under the terms in 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as CHDO proceeds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this Agreernent if the project is rental, the AWARDEE will create and follow a tenant participation plan as required in 24 CFR 92.303. Section VW — 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 agreement, the AWARDEE shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84,40 - 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 de 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 ords 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 insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented, 8o25 City of Yakinia 6/15/2017 63 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 coet as a direct item of cost shall be irrevocable. 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 government to perfect its interest in such property in accordance with the "Unif. Commercial Code Secured Transactions" as codified in Article 9A of RCW Chapter 62A. 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 man ent 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 ar and tear excepted. 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 IX — Conflict of Interest Provisions The AWARDEE warrants and covenants that it presently has no interest and shall not acquire anyinterest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. The AWARDEE further rrants and covenants that in the perforrnanceof this contract, no person having such interest shall be employed. HOME conflict of interest provisions, as stated in 92.358, apply to the award of any contracts under the ag merit 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: 9 of 25 City of Yakiina 6/16/2017 64 Any interest in any contract, subcontract or agreement with respect to a HOME assisted project or program adrninistered by the AVVARDEE, 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 tenantbased rental assistance; Purchase or occupancy of a homebuyer unit in a HOME -assisted project; Receipt of HOME homebuyer acquisition assistance; or Receipt of HOME o er-occupled 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, Oficial 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 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 by24 CFR 92.358, 85.36 and 8442, as they apply. Section X — 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, 10 of 25 City of Yaidina 15/2017 65 Section XI — 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 behalfof 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 acollective 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. 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 11 of 25 City of Yakiire 6/15/2017 66 interest of the United States. Section XII — Labor, Training & Business Opportunity AWARDEE agrees to comply with the federal regulations governing training, employment andbusiness 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 issuedpursuant 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 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 XIII — 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 govemments, 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 1968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 82 of the HOME INVESTMENT PARTNERSHIP PROGRAM. The AWARDEE covenants and warrants that it will indemnify and hold the City forever free and 12 of 25 City of Yakima 6/15/2017 67 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 XVI — 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 proceedwith 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 affect 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 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 XVII — Reporting Responsibilities AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY to theAGENCY on the following due dates: October 1, January 1, April 1, and July 1, next following thedate 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 financial records pertinent to the project. Additional reporting requirements are included in Exhibit B. Section XVIII — Inspection, Monitoring & Access to Records CITY reserves the right to inspect, monitor, and observe work and services performed by theAWARDEE 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 six (6) 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 16 of 25 City of Yakima 6/15/2017 68 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 makirig audit, examination, excerpts, and transcriptions. Section XIX — General Conditions A. All notices or other commiunication 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 tothe 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: City Manager Yakima City Hall 129 North 2 Street Yakima, Washington 98901 Awardee address: Habitat for Humanity 21 W. Mead Avenue, Suite 110 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 conditionscontained in any attached documents, the terms in this Agreement shall rule, D. No :iver 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 Ag merit 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 othe *se unenforceable under the laws of the State of Washington or 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 Ag merit shall remain unmodified and in full force and effect. G. AWARDEE shall comply with the provisions of the Copeland Anti -Kick -Sack 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. L AWARDEE further warrants and agrees to include or cause to be included the criteria and requirementa of paragraphs (0) through (H) of this section in every nonexempt subcontract. The AWARDEE also agrees to take such action as the federal, state or 17 of 25 City of Yakkila 8/1512017 69 local government may directto 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 orassignrnent 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 thisAgreement, including all other acts or omissions to act on the part of AWARDEE, including anyperson 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, M. AWARDEE and its employees and agents shall be deemed to be independent contractors, andnot 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; fuilher they shall not be deemed entitled to state Compensation benefits as an employee of the Cl 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 °Minds, or authorization, reduction of funds, and/or change in regulations. 18 of 25 City of Yakiina 8/1512017 70 Exhibit "B" Yakima Valley Partners Habitat for Humanity A.) PROPOSAL SUMMARY/PROJECT ABSTRACT Yakima Valley Partners Habitat for Humanity will construct a single family home located at 509 E. "R" Street and sell it to a qualified low income first time homebuyer and monitor the "Affordability Period" for a period of no less than Fifteen (15) years, after which all net proceeds shall be granted to Habitat. B) ASSESSMENT OF NEED/PROBLEM STATEMENT Yakima Valley Partners Habitat for Humanity will provide the construction of a single family dwelikig to be sold to a qualified to to moderate income first time homebuyer and monitor the project for a period of no less than Fifteen (15) year affordability period in exchange for all net proceeds redeemed from the sale of the home located at 509 E. UR" St t. C.) PROG GOAL AND OBJECTIVES Goal Create another affordable single family residence within in the City of Yakima. Obiectives 1. Prepare site for construction. 2. Construct a new single family dwelling. 3. Sell the new single family home to a qualified low to moderate first time homebuyer. D.) METHODOLOGY From the contract execution date to continue until the termination date at which it will expire at midnight, Yakima Valley Habitat for Humanity will construct a new single family d Ding to be sold to a qualified low to moderate income first time homebuyer to be monitored for a Fifteen (15) year affordability period per HUD regulations governing HOME Investment funded projects. E.) OUTCOMES & EVALUATION As a condition of reimbursement, Habitat for Humanity will, 1, Prepare the site for construction, 2. Construct a new single family dwelling. 3. Sell the property and d fling to a quaed low to moderate income first time homebuyer. 4. Monitor the property at 509 E. "R" Street for a period of no less than a Fifteen (15) year affordability period as per HOME Investment requirements. F.) BUDGET Yakima Valley Habitat for Humanity will be reimbursed up to $40,000 between the contract execution date and terminate on July 1, 2019 at midnight, for eligible activities, subject to the terms and conditions of the Contract. 19 of 25 City of Yakiina 6/1512017 71 HOUSING PLAN The proposed project is located within an existing single family developed lot in Ya�ima. To the north, east, west and south there are single fantily residences. The project is located in close proximity to child care centers, elementary and middle schools, within half a mile of the nearest high school, and Yak;.n,e Community College site. There are medical services available, local grocery stores, city parks, and multiple churches of various denominations, less than a mile away the City Hall, police and fire department. The proposed site is a vacant build ready lot located on 505, 509 and 511 E R Street, Yakima WA 98902. Parcel Numbers 191307-33460, 191307-33461 and 191307-33462 Habitat plans to serve flues fannies whose income is at or below 60'A area median income for Yakima County. Habitat builds 3 and 4 bedroom homes depending on the family needs. Following is a copy of one of the floor plans we may utilize. 72 73 PROJECT P#,. #T Nf'.E R S#E,.ttHoma 509. 1 R S PROJECT DET Type of Proj. X OPER i1y Type of A Total b r o to 4. ROME fan of HO S or NO If S, n on or option: NO, t Deut 74 �-. \/5. 1 § \ \ 98901 Y. A 98902 . 91307-33460, $ 3 46 9130'7-33462 9 0 Is \¥ Potendal Zone 75 PROJECT DEVELOPMENT COST ESTIMATE A. PROJECT COSTS 1.To Purchase Land/Buildings 2.Site Work 3.Aquisition & New Construction New Building Hard Costs Contractor Overhead Contractor Profit Subtotal 4.Contingency Construction Contingences Subtotal Engineering Fees Architect Fee -Design Architect Fee -Supervision Subtotal 6.*Interim Costs Construction Insurance Construction Interest Construction Loan Origin Construction Loan Credit Taxes Subtotal 7.*Financing Fees and Expenses Bond Premium Credit Report Permanent Loan Origin fee Cost of bone/Underwriter Title and Recording Subtotal 8. Total Development Costs CITY OF YAKIMA ONDS HOME PROGRAM FUNDS $90,000 $30,000 8120,000 5120,000 YAKIMA VALLEY PARTNERS HABITAT FOR HUMANITY $ $ $235,000 $ $ $ 5235,000 $1,350 8750 $5,100 $3,375 $900 1 YOUTH BUILD TOTAL PARTNERSHIP COSTS WITH OIC $80,000 90.000 $345,000 $ $435,000 $1,350 $750 $ $5,100 $3,375 $900 $ $ $1,950 $13200 $250,975 $1,950 $ $1,200 $1,350 5450,975 76 a Class B Feto APPL1CfORG 2 ON: YValley P ON CIA Ave Ste Y 21 Ave S1 25 of 25 EXHIBIT "C" RESOLUTION City of Yakiina 6)15/2017 77 78 AGREEMENT BETWEEN THE CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES AND AWARDEE — HABITAT FOR HUMANITY (1220 South 16th Avenue) 1. AWARDEE: Yakima Valley Partners Habitat for Humanity 2. Address: 21 W. M d Ave. Ste 110, Yakima, WA. 98902 3. Phone: (509) 453-8077 4. Contact Person: Isabel Garcia 5. Title of ervi or Program being funded: NewConstruction of sin* le family, home located at: 511 E. "R" Street. Yakima WA ' =901 6. 7. Amount of Contract Award: $40, s s (HOME) CFDA Contract # 14.218 7. The term of this Contract shall commence upon the execution date of Contractors' receipt of "Letter to Proceed" from City of Yakima Office or Neighborhood Development Services and terminate on July 1, 2019 at midnight, unless sooner terminated by either party in accordance with Section XXII of ibit "A", attached hereto and incorporated herein by this reference. 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- , a copy of which is attached hereto as ibit "C" and incorporated herein by this reference. Final Contract payment shall be subject to satisfactory completion of the project described in Exhibit "B", and satisfaction of all contract terms and conditions, including, but not limited to, the submission of the final report and billing invoice information within thirty (30) days of the contract closing date, and as stated in Exhibit "A", Exhibit "B" and ibit "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 Habitat for Humanity By: q, (r) Title:, ' r 3 Date: 1 of 25 City of Yakima 6/15/2017 Cliff Moore, City Manager Date: 79 Joan Davenport, CDD Director Date: ATTEST Sonya Claar Tee, City erk City Contract No.: 2 of 25 Clty of Yakima 6/15/2017 80 EXHIBIT "A" TER S AND CONDITONS WITNESSETH WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program Funds from the U.S. Department of Housing and Urban Development (HUD), including funds that are reserved forthe use of Community Housing Development Organizations (CHDOs); and WHEREAS, the Yakima Valley Partners Habitat for Humanity (hereinafter referred to as "AWARDEE" or "Contractor") has been certified with the CITY as a CHDO, and has submitted a proposal for use of CHDO funds for a CHDO-eligible project under HOME regulations; 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 berendered 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 in 24 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. Mil=. "one Deadline Project Start Date; Date of signature.. Interim Milestones/Deadlines (list below): Project CompletionDate: July 1 2019 In addition, this project is subject to ongoing compliance requirements of HOME for Fifteen (15) years from the date of initial occupancy. During this Fifteen year compliance period, the AWARDEE will assure continued compliance with HOME 3 of 25 Cftv of Yaklnna 6/15/2017 81 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 Toss 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 other govemmental authorities having jurisdiction over the PROJECT, or other delays that are not causedby 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, including, but not limited to, Exhibit "B". 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 allowable costs/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 as received by the AGENCY on Mav 8, 2017. The aforementioned document will be considered to be a part and portion of this agreement fully incorporated herein. 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 4 of 25 City of Yak(ma 6/15/2017 82 shall be required prior to payment of any 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 (1O%) 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 ex d ten percent (1O%) 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. 5 of 25 Citv of Yakiina 6/15/2017 83 F. Within thirty (30) days of the contract closing date, AWARDEE shall submit a final invoice that includes all unpaid invoices and a final report. Final payment shall be made only afterthe CITY has determined that all services have been rendered, files and documentation delivered (including the final invoices and final report), and units have been placed in service in full compliance with HOME regulations, including submission of a completion report and docume ion of eligible pancy, property standards and long-term use restrictions. If the final invoices and report are not received within thirty days of the contract closing date, AWARDEE understands and agrees that it will not receive any payment for any final pending unpaid invoices. 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 six years aftercompletion. Section V — Project Requirements The AWARDEE agrees to comply with all requirements of the HOME Program as stated in 24 CFRPart 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 theproject. 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 inthe 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 unitswill 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 6 of 25 City of Yakima 6/15/2017 84 requirements as 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 HQMEProgram. F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with all 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 of 24 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 Six (6) yearsafter 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 ProjectRequirements 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 7 of 25 City of Yakima 6/15/2017 85 92.254(a)(5)(). using a note and mortgage prescribed or approved by the AGENCY (and oansistent with the method of rempture identified in the =Vs "Consolidated Plan"). All net sales proceeds from the sale of units are considered to be CDHC ro ds that may be retained by the AWARDEE and used in conformance with 24 CFR 92.30(02, to be retained by the C 'HO and used to further affordable housing for qualified first time home buyers within the City of Yakima. Section VII — CHDO Provisions It is understood that the AWARDEE has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT/AGREEMENT in a rdance ' 24 CFR 92. The AWARDEE agrees to provide information as may be requested by the AGENCY to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. Any funds advanced as CHDO pre -development funds must be in compliance with 92.301, and are forgivable only under the terms in 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as CHDO pro : -ds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as specified in this Agreement. If the project is rental, the AWARDEE will create and follow a tenant participation plan as required in 24 CFR 92.303. Section VW — Procurement Standards The AWARDEE shall establish procurement procedures to ensure that materials and services are obtained in a cog -effective manner. When pro ring for servi. - * to be provided under this agr=-ment, the AWARDEE shall comply at a minimum wi t he 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 govemment. 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 insure adequate safeguards to prevent Toss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 8 of 25 City of Yakima 6/15/2017 86 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 iteth of st, title to such property shall remain with the Contractor. An election to caisitalize and dep ate or olairre acquisition cost as a direct item of cost shall be irrevocable. 6. Nonexpendable pe *nal property purchased by the Contractor under the terms of this Contract, in which title is vested in the City of Yakima or Federal Govemment 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 fumished to, or purchased by, the Contractor, title to which is vested in the City of Yakima ONDS or federal govemment 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 govemment, the Contractor agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal govemment 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 govemment (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 govemment in like condition to that in which condition the property was acquired by purchase, fair wear and tear excepted. 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 IX — Conflict of Interest Provisions The AWARDEE warrants and covenants that it presently has no interest and shall not acquire anyinterest, 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 performanceof 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: 9 of 25 City of Yakima 6/15/2017 87 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 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 X — 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. 10 of 25 City of Yakiina 6/15/2017 88 Section XI — 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 acollective 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. 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 Govemment 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 11 of 25 City of Yakima 6/15/2017 89 interest of the United States. Section XII — Labor, Training & Business Opportunity AWARDEE agrees to comply with the federal regulations goveming training, employment andbusiness opportunities as follows: A. It is agreed that the WORK to be performed under this r,:m t is on a project assisted under a program providing direct Federal financial assistan fro the US Depa:. -nt of Housing and an Development and is subject to the requi Section 3 of the Housing nd Urban Development Act of 1 , as amended, 1 U.S.0 1701 u, as well as any and all applicable amendments thereto,. Section 3 requires that, to the g- test extent feasible, opportunities for training and employment be given to and moderate income residents of the project area, and that contracts for work in connection with the project be awarded to basin; ncetris which are located in, or owned in substantial part by persons residing in the project area. B. AWARDEE shall comply with a provisions of said Section 3 and the regulations issuedpursuant 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 II as any and all applicable amendments thereto prior to the execution of this oantract as well as during the terrn of this =tract. The AWARDEE certifies and agrees that it is under no contractual or other disability, which would prevent it from m lying 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 the project and will, at the direction of the CITY, take appropriate action pursuant to the subcontractor upon a finding that tie 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 su ntract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 d 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 ereto. D. Complianm 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 co ct shall be a condition precedent to federal financial' assistance i vid 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 su : ssors, and assigns to those sanctions speed by 24 Code of Federal Regulations as lI as with any and all applicable amendments thereto. Section XIII — Compliance with Federal, State & Local Laws A. GENERAL. The AWARDEE covenants and warrants that it will comply with all applicable la , ordinances, codes,; rules and regulations of Meste local and ral governments, and all amendments thereto, including, but not limited to*, Title 3 of the Civil Rights Act of 1W8 P1. 0-2 Executive Order 11 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of 1N8; Housing and Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HOME INVESTMENT ATN HIP PROGRAM. The AWARDEE covenants and warrants that it will indemnify and hold the City forever free and 12 of 25 City of Yakima 6/15/2017 90 harmless with respect to any and all damages ether directly or indirectly arising out ate provisions and maintenance of this :.. t AWARDEE agree s to mply applicable standards, orders, or requirements issued under section 306 a Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), ive Order 11738, , and Environmental Protection Agency regulations (40 CFR ). AWARDEE further warrants and ag s to include or cause to be included the criteria and requirements of this section in ever non-exempt subcontract in excess of $100,AVVARDEE also ag } s to take such action asthe federal, sta or local government may direct to enforce re id 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) AWA DEE, 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. (c) Have not within a th y year period premding his Agreement been convi ,' 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 ment or transaction, violation of Federal or State antitrust s - .tes or commission of embezzlement ent , 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 I .; N I)with commission of any of the offenses enumerated in paragraph (1)(b) of this section; and (1) 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 1. er tier rxwered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this awered' 13 of 25 City of Yakima 6/15/2017 91 transaction. (iv) The AWARDEE further agrees by signing this Ag ment that it will include the clause titled "Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion - r Tier Covered Transaction," as follows, without modification, in all I er tier coy:: z • transactions and in all solicitations for lower tier covered transactions: • Z, (e) LOWER TIER COVERED TRANSACTIONS (1) Each 1* zr tier contractor certifies, by signing this Ag -ment that neither it nor its principals is presently deba * suspended, proposed for debarment declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (11) 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 Co :et Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 120; ; 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 to enable the City of Yakima's Building Official to carry out its ins*: 'on and certification responsibility under those mutations. 4. Historic and Archaeological Preservation requirements as set forth in 24 CFR Section 570..1, .36 CFR Part 800, RCW 27.44.010 (Native American Burial Lew), RCW 27.53.010,090 (Protection of Archaeological Resou ), 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(8)(3). 7. Clean Air Ad as amended, 42 USC Section 1857 et seq., Water Pollution Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental Prot 'on 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). 14 of 25 City of Yakima 6/15/2017 92 11. Attach rit 0 of the i of manage ent 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. 1 . Title VI of the Civil ` Rights Act of 1 :w (P.1.. 88-352) as amended, and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lM se or other'transfer of land acquired, cleared ori' roved with assistance provided under this Agreement, Co ctor 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 o panty of such land or any improvements erected or to be erected thereon, and providing that the Contractor, the County, the City, 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 enfo 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 882.109). 17. WBE/MBE (24 CFR 85.36 (e)). Section XIV — Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may o ur AWARDEE materially fails to comply with any term of the award, and that the a may be terminated for convenience in accordance with 24 CFR 85.44. lf, through any cause, the AWARDEE shall fail to fulfill in timely and proper manner its obligationsunder this . + tract, or if the AWARDEE shall violate any of the covenants, ag merits, 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 may be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination, if all necessary documentation is provided to the CITY. 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 XV — 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 15 of 25 City of Yakima 6/15/2017 93 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 XVI — Default -Loss of Grant Funds If the AWARDEE fails in any manner to fully perform and cant' out any of the terms, covenants, and conditions of the agreement, and more particularly if the AWARDEE refuses or fails to proceedwith 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 affect 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 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 XVII — Reporting Responsibilities AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY to theAGENCY on the following due dates: October 1, January 1, April 1, and July 1, next following thedate 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 financial records pertinent to the project. Additional reporting requirements are included in Exhibit B. Section XVIII — Inspection, Monitoring & Access to Records CITY reserves the right to inspect, monitor, and observe work and services performed by theAWARDEE 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 six (6) 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 16 of 25 City or Yakima 6/15/2017 94 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. Section XIX — General Conditions A. All notices or other communication which shall or may be given pursuant to this Ag merit shall be in writing and shall be deliver by personal service, or by registered mail addressed tothe 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 pe • nay served; or, if by mail, on the fifth day after being posted or the date of actual receipt, vvhichever is earlier. City address: Awardee address: City Manager Yakima City Hall 129 North 2nd Street Yakima, Washington 98901 Habitat for Humanity 21 W. Mead Avenue, Suite 110 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 conditionscontained 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 ag that this Agreement shall be construed and enforced a rding to thela of the State of Washington. F. Should any provisions, paragraphs, sentences, words or phrases contained in this Ag :ment be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Washington or 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 17 of 25 City of Yakima 6/15/2017 95 local government may directto 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 orassign :nt of such service or any part the - •f by another person or agency. K. This Ag ment shall be binding upon the parties hereto, their heirs, executors, legal representative, su 0:ssors and assigns. L. AWARDEE shall indemnify and save CITY harmless from and against any negligent claims, liabilities, los and causes of action which may arise out of AWARDEE's activities under thisAg ment, including all other acts or omissions to act on the part of AWARDEE, including anyperson acting for or on its behalf, and, from and against any orders, judgments, or d es which may be entered, and from and against all costs, attorneys f::s, expenses and iiabilities incurred in the defense of any such claims, or in the investigation thereof. M. AWARDEE and its employees and agents shall be drried to be independent contractors, andnot agents or employ: :s 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 Ag ment is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack offunds, or authorization, reduction of funds, and/or change in regulations. 18 of 25 City of Yakina 6/15/2017 96 Exhibit "B" Yakima Valley Partners Habitat for Humanity A.) PROPOSAL SUMMARYIPROJECT ABSTRACT Yakima Valley Partners Habitat for Humanity will construct a single family home located at 511 E. “R" Street and sell it to a qualified low income first drne hornebuyer and rrtonitor the 'Affordability Period° for a period of no less than Fifteen (15) years, after which all net pro.- . os shall be granted to Habitat. .) ASSESSMENT OF NEEDIPROBL EM STATEMENT Yakima Valley Partners Habitat for Humanity will provide the construdion of a sirtgle family dwelling to be sold to a qualified! to moderate income first time hornebuyer and rrtonitor the project for a period of no less than Fifteen (15) year Mability period in exchange for all net pro ds red..med from the sale of the home located at 511 E. "R" C.) PROGRAM GOAL AND OBJECTIVES Goal Create another affordable single family residence within in the City of Yakima. Objectives t Prepare site for construction. 2. Construct a new single family dwelling. 3. Sell the new single family home to a qualified low to moderate first time homebuyer. D.) METHODOLOGY From the contract execution date to continue until the termination date at which it will expire at midnight, Yakima Valley Habitat for Humanity will construct a new single family dwelling to be sold to a qualified low to moderate Income first time homebuyer to be monitored for a Fifteen (15) year affordability period per HUD regulations governing HOME Investment funded projects. E.) OUTCOMES & EVALUATION As a condition of reimbursement Habitat for Humanity will, 1. Prepare the site for construction. 2. Construct a new single family dwelling. 3. Sell the property and dwelling to a qualified low to moderate income first time homebuyer. 4. Monitor the property at 511 E. °ITStreet for a period of no less than a Fifteen (15) y..r affordability period as per HOME Investment requirements. F.) BUDGET Yakima Valley Habitat for Humanity will be reimbursed up to $40,000 between the contract execution date and terminate on July 1, 2019 at midnight, for eligible activities, subject to the terms and conditions of the Contract. 19 of25 Cal/ of Yoklira 6/15/2017 20 of 25 City of Yakima 6/15/2017 97 98 HOUSING PLAN The proposed project is located wi • an existing single family developed lot in Y a. To the north, east, west and south there are single family residences. The project is located in close proximity to child care centers, elementary and middle schools, wi half a mile of the nearest high school, and Yakima Community College site. There are medical services available, local grocery stores, city parks, and multiple churches of various denominations, less a mile away the City Hall, police and fire dep • • ent. The proposed site is a vacant build ready lot located on 505, 509 and 511 E R Street, Y 98902. Parcel Numbers 191307-33460, 191307-33461 and 191307-33462 WA 13)4, 4 1" z *.s e 00.401'zler,ltrfaSMert-.1t.PA:1111iArt,k..., .4",;.".T.Pal.e."-. air*? 11404t NM? Habitat plans to serve three families whose income is at or below 60% area median income for Yakima County. Habitat builds 3 and 4 bedroom homes depending on the family needs. Following is a copy of one of the floor plans we may utilize. 99 Habitat's homes rating req r'or qo nor energy star rated at this ' e; however a lot of our features meet the energy star Please see attached proposed d r° ' t budget Habitat's proposed homes will serve very low income f ilies whose income is at or below 60% Area Median Income in Yakima County. A. PROJECT N R St Hom Project A.. - 505, 5095011 E R Street, City Y. WA 98901 Project Y: Valley P ers Habitat for FI ty B. PROJECT DET L Type of Project X Single F ly Dwellings 2. Type of Activity X New Construction 3. 3 Total number of units 3 Number of HO 4.00 funds requested $120,000.00 C. SITE 0 TION 1. Is the site c tly under contol of the appli Option or Sales Con. : t Expiration date of co Yes, : .*tat is the 9 er of the property. « -assisted units YES or NO If YES, control is in the fo t or option: 100 of: Deed 2.1s site properly zoned for the development? YES or NO If NO, is site currently in the process of zo ? e proposed site is currently zoned R-1 Residential 3. all necessary utilities presently available at the site? YES NO If NO, which utilities need to be brought to the site? The proposed site is a build ready lot with all of the utilities in place. 101 EXHIBIT "C" RESOLUTION 25 of 25 Clb/ of Yakiino 6/15/2017