HomeMy WebLinkAboutR-2011-145 Low Income Housing Rehabilitation Grant Agreement with Vaughn Bay Construction ' J
RESOLUTION NO. R- 2011 -145
A RESOLUTION authorizing the City Manager to approve a grant agreement with Vaughn
Bay Construction to rehabilitate an existing low income housing unit to
better serve disabled tenants in the Viola II affordable housing project.
WHEREAS, the City of Yakima is a recipient of Federal HOME funds, which may be
used, among other things, to provide rehabilitation for handicap accessibility; and
WHEREAS, HUD requires grant agreements for such eligible activities, and
WHEREAS, The City Council has determined the need for rehabilitation of at least one
existing housing unit to better serve a disabled tenant in the Viola II Affordable Housing Project,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council hereby authorizes the city manager to approve a grant agreement with
Vaughn Bay Construction for five thousand dollars ($5,000) of HOME investment funds to
rehabilitate an existing housing unit in the Viola II Affordable Housing Project to better serve a
disabled tenant.
ADOPTED BY THE CITY COUNCIL this 20 day of September, 2011.
413 caj
Micah Cawley, f4ayor
ATTEST
et-
City Clerk
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES AND
VAUGHN BAY COMMUNITY DEVELOPMENT INC.
1. Contracting Organization: Vaughn Bay Community Development Inc.
2. Address:1911 65 Ave. W, Tacoma, WA. 989466
3. Phone: (253) 460 -3000
4. Contact Person: Sue Baker
5. Title of Service or Program being funded: Rehabilitation of an existing unit to provide
Handicap accessibility
6. Amount of Contract Award: $5,000.00 (HOME) CFDA Contract # 14.239
7. The term of this Contract shall commence upon the last date on which all the parties
have executed this Contract and shall terminate on December 31, 2011 at midnight,
unless sooner terminated by either party in accordance with Section XXII of Exhibit
"A ", attached hereto and incorporated herein by this reference. Performance of the
work of this Contract shall commence as set forth in Section IV of "Terms and
Conditions" (Exhibit "A ").
8. This contract award and the rights and obligations of both parties hereto shall be
subject to and governed by the following:
1) "Terms and Conditions" attached hereto as Exhibit "A" and incorporated
herein by this reference; and
2) Operating budget including the funding sources and uses statement and the
work plan, attached hereto as Exhibit "B" and incorporated herein by this
reference.
3) City of Yakima Resolution No. R -2011- 145 , a copy of which is
attached hereto as Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B ", and satisfaction of all contract terms and conditions as stated
in Exhibit "A ", Exhibit "B ".
This written document, together with all of the incorporated exhibits hereto, constitutes the
entire Contract and terms of agreement between the parties hereto.
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•
IN WITNESS THEREOF the parties have executed this Contract as of the day and year
stated below.
CITY OF YAKIMA; OFFICE OF NEIGHBORHOOD
DEVELOPMENT SERVICES:
) It 1 /i?,JLi
101/11
Donald B. Cooper, Cit ' Manager Date
Michael A. Morales Director of Community Date
& Economic Development Department
ATTEST:
City Clerk ; ► slo
City Contract No.: (90 II 4 7 0
CONTRACTOR:
tO/
Stephen W. Page Date
Title:Manager of Kahala Construction LLC, A Manager of VBCDI Viola II LLC
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EXHIBIT "A"
TERMS AND CONDITIONS
DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from
the U.S. Department of Housing and Urban Development, hereby designates
Contractor to undertake, and the Contractor hereby agrees to undertake that certain
community development or housing assistance project described in Exhibit "B ",
Scope of Work (hereinafter "the project ").
II SUB -GRANT
A. NOTICE TO PROCEED
No work on the project shall occur prior to or without written approval from the
City of Yakima Office of Neighborhood Development Services (ONDS).
ONDS shall furnish the Contractor with written notice to proceed upon release
of funds from HUD related to the project pursuant to 24 CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub - grants to the Contractor $5,000.00 for said project.
III GENERAL BUDGET PROVISIONS
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:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be
on a reimbursement basis covering actual expenditures by the 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
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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.
B. 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.
C. 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.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor with written notice to proceed
upon release of funds from HUD related to the project. No work on the project shall
occur prior to the notice to proceed without written approval from the City of Yakima
ONDS in accord with Sec. II, "Sub -Grant A." (above).
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of
services performed under this contract in the manner prescribed in paragraph
III above, and as prescribed by the City of Yakima ONDS.
VI LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to substantially reduce the amount of local financial
support for community development activities below the level of such support prior to
the availability of such assistance.
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VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be
surplus budget funds at the end of the project shall be subject to cancellation by the
City of Yakima ONDS and may be negotiated if they are to be included in future
Contracts. Assets purchased with CDBG funds shall continue to be used in
accordance with its original purpose as provided in 24CFR 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of Housing and Urban
Development, including, but not limited to, Federal HOME Regulations and
other policies and guidelines established by the City of Yakima ONDS.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND
LOWER TIER COVERED TRANSACTIONS
a. Contractor, 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
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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.
2. Where the Contractor is unable to certify to any of the
statements in this Agreement, the Contractor shall attach an
explanation to this Agreement.
3. The Contractor agrees by signing this Agreement that it shall
not knowingly enter into any lower tier covered transaction with
a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered
transaction.
4. The Contractor 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) The lower tier contractor certifies, by signing this Agreement
that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
ii) Where the lower tier contractor is unable to certify to any of the
statements in this Agreement, such contractor shall attach an
explanation to this Agreement.
5. Office of Federal Contract Compliance Programs regulations,
41 CFR Part 60, Executive Order 11246 as amended by
Executive Order 12086, and 24 CFR 570.601 (Discrimination
prohibited).
6. 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.
7. 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
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(Protection of Archaeological Resources), and RCW 43.51.750-
.820 (Preservation of Historic Properties).
8. Architectural Barriers Act of 1968 as amended, 42 USC Section
4151 et seq., implementing regulations, and Chapter 70.92
RCW.
9. Accessibility Standard as set forth in 92.251(a)(3).
10. 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.
11. 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).
12. Contract Work Hours and Safety Standards Act, 40 USC
Sections 327 -333, (Overtime Compensation).
13. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a
— 5, and RCW Chapter 3 — 12 (Prevailing Wage Rates).
14. Attachment 0 of the Office of management and Budget
Circular, A -102 (Procurement Standards) and Federal
Management Circular, FMC 74 -4.
15. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and regulations
contained in 24 CFR Parts 42 and 570.
16. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) as
amended, and HUD regulations with respect thereto including
the regulations under 24 CFR Part 1. In the sale, lease or other
transfer of land acquired, cleared or improved with assistance
provided under this Agreement, and Contractor shall cause or
require a covenant running with the land to be inserted in the
deed or lease for such transfer, prohibiting discrimination upon
the basis of race, color, religion, sex, or national origin, in the
sale, lease or rental, or in the use or occupancy of such land or
any improvements erected or to be erected thereon, and
providing that the Contractor, the County, and the United
States are beneficiaries of and entitled to enforce such
covenant. The Contractor, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take
such measures as are necessary to enforce such covenant and
will not itself so discriminate.
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17. Age Discrimination Act of 1975 (24 CFR 146).
18. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
19. Washington State /Local Building Codes /Housing Quality
Standards (24 CFR 882.109).
20. WBE /MBE (24 CFR 85.36 (e)).
21. ENVIRONMENTAL REVIEW
A. NEPA -
The City of Yakima ONDS retains environmental review
responsibility for purposes of fulfilling requirements of the
National Environmental Policy Act, under which the City of
Yakima ONDS may require the Contractor to furnish data,
information and assistance for the City's review and
assessment in determining whether the City must prepare an
Environmental Impact Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the
requirements of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
C. COMPLIANCE AS PRE - CONDITION
Performance by either the City of Yakima ONDS or the
Contractor under this Agreement shall be contingent upon
satisfaction of all applicable requirements of the National and
State Environmental Policy Acts.
IX NON - DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. During the performance of this Agreement, Contractor shall not discriminate in
violation of any applicable federal, state and /or local law or regulation on the
basis of race, color, sex, religion, national origin, creed, age, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, political affiliation, or the presence of any sensory, mental or
physical handicap, and any other classification protected under federal, state,
or local law. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training,
and the provision of services under this Agreement.
The Contractor specifically agrees to abide by the Office of Federal Contract
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Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination
Requirements, 24 CFR 570.601.
X NON - DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to make all services available through this contract
(24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion,
national origin, creed, marital status, or age:
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1. Deny a qualified individual any facilities, financial aid, services or other
benefits provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which
are different, or are provided in a different manner, from those
provided to others under this Contract; separate treatment in any
manner related to his receipt of any service(s) or other benefits
provided under this Contract;
3. Deny any qualified individual an opportunity to participate in any
program provided by this Contract through the provision of service(s)
or otherwise, or will afford him an opportunity to do so which is
different from that afforded others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW
Rehabilitation Act of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and /or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in
client services binding upon each Contractor or Subcontractor. The
Contractor shall take such action as may be required to ensure full compliance
with the provisions of this clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, City and Municipal
standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as
described in the Contract to assure quality of services.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities
so as to ensure compliance by Contractor with this Contractor agreement, with
the CDBG and /or HOME Compliance Documents, and with all other laws,
regulations, and ordinances related to the performance hereof.
Contractor agrees to provide City with any data determined by City to be
necessary for its effective fulfillment of its monitoring and evaluation
responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor
shall make all of its records available to City, HUD, the Comptroller General of
the United States, or any of their authorized representatives, and shall permit
City, HUD, the Comptroller General of the United States, or any of their
authorized representatives to audit, examine, and make excerpts and /or
copies of same. Contractor records shall include, but shall not be limited to,
the following: payroll, personnel and employment records; procurement
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bidding documents; contracts; sales closing statements; and invoices.
C. The City shall have the right to review and audit all records of the Contractor
pertaining to any payment by the City. Said records shall be maintained for a
period of seven years after the completion of the project.
D. The Contractor shall be required to make reasonable changes in the services
as completed or to be completed if said services fall below the standards and
specifications set forth in the Special Terms and Conditions, Project
Description, or Statement of Work.
XIII SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a
recipient or client for any purpose not directly connected with the City's or the
Contractor's responsibilities with respect to services provided under this Contract is
prohibited except on written consent of the recipient or client, his /her attorney or
his /her responsible parent or guardian or as otherwise provided by law.
XIV ASSIGNMENT AND /OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided
within the terms of this Contract without obtaining prior written approval from the City.
All terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor agrees to provide project line item draw requests, annual
verification of rents, annual audited financial statement to compare income
and expenses, records, documents and accounting procedures which
accurately reflect all direct and indirect costs related to the performance of this
Contract. Such fiscal books, records, documents, reports and other data shall
be retained in a manner consistent with the "Budgeting, Accounting, Reporting
System for Counties and Cities, and Other Local Governments ", hereinafter
referred to as "BARS ", as issued by the Office of State Auditor, State of
Washington. The Contractor further agrees that the City of Yakima ONDS
shall have the right to monitor and audit the fiscal components of the
organization to insure that actual expenditures remain consistent with the
terms of this Contract. The Contractor shall retain all books, records,
documents and other material relevant to the Contract for seven (7) years
after settlement of this Contract. The Contractor agrees that the City of
Yakima, the U.S. Department of Housing and urban Development, the
Washington State Auditor, or their designees, shall have full access to and a
right to examine any of said materials at all reasonable times during said
period.
B. The Contractor agrees that any contributions or payments made for services
furnished under this Contract shall be used for the sole benefit of this
program.
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C. The Contractor agrees to have an audit performed when spending $500,000 or
more in federal awards during a fiscal year. A copy of such audit will be
presented upon request to ONDS for monitoring purposes.
XVI PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased
wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or
more per item, shall upon its purchase or receipt become the property of the City of
Yakima and /or federal government. Final ownership and disposition of such property
shall be determined under the provisions of Attachment N of OMB, A -102. The
Contractor shall be responsible for all such property, including its care and
maintenance, and shall comply with the following procedural requirements:
A. 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.
B. 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.
C. A control system shall be in effect to insure adequate safeguards to prevent
lose, damage, or theft to the property. Any loss, damage, or theft of the
property shall be investigated and fully documented.
D. Adequate maintenance procedures shall be implemented to keep the property
in good condition.
E. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of
cost, title to such property shall remain with the Contractor. An election to
capitalize and depreciate or claim acquisition cost as a direct item of cost shall
be irrevocable.
F. 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.
G. 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.
H. As a condition prerequisite to reimbursement for the purchase of
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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.
The Contractor shall be responsible for any loss or damage to the property of
the City of Yakima ONDS or federal government (including expenses entered
thereunto) which results from negligence, willful misconduct, or lack of good
faith on the part of the Contractor to maintain and administer in accordance
with sound management practices that property, to ensure that the property
will be returned to the City of Yakima ONDS or federal government in like
condition to that in which condition the property was acquired by purchase, fair
wear and tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor /city relationship shall be created by
this Contract. The City of Yakima ONDS is interested only in the results to be
achieved, the implementation of services will lie solely with the Contractor. No agent,
employee, or representatives of the Contractor shall be deemed to be an employee,
agent, servant or representative of the City of Yakima for any purpose, and the
employees of the Contractor are not entitled to any of the benefits the City of Yakima
provides for City Employees. The Contractor shall be solely and entirely responsible
for its acts and for the acts of its agents, employees, servants, Subcontractors, or
otherwise during the performance of this Contract.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury insurance, and
other deductions from income which may be required by law or assessed against
either party as a result of this Contract. In the event the City is assessed a tax or
assessment as a result of this Contract, Contractor shall pay the same before it
becomes due.
XIX QUARTERLY REPORT
The Contractor agrees to submit written quarterly reports outlining the progress
towards completion of activities included in Exhibit B, to the City of Yakima ONDS.
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the
Contractor and /or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
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On or before the effective date of this Contract, the Contractor shall provide
the City with a certificate of insurance as proof of liability insurance in the
amount of Two Million Dollars ($2,000,000.00) that clearly states who the
provider is, the amount of coverage, the policy number, and when the policy
and provisions provided are in effect (any statement in the certificate to the
effect of "this certificate is issued as a matter of information only and confers
• no right upon the certificate holder" shall be deleted). Said policy shall be in
effect for the duration of this Contract. The policy shall name the City of
Yakima, its elected officials, officers, agents, employees and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City thirty (30) calendar days
prior written notice. The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor
shall provide the City with a certificate of insurance as proof of commercial
automobile liability insurance with minimum liability limit of Two Million Dollars
($2,000,000.00) combined single limit bodily injury and property damage.
Automobile liability will apply to "Any Auto" and be shown on the certificate.
The certificate shall clearly state who the provider is, the amount of coverage,
the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a
matter of information only and confers no right upon the certificate holder"
shall be deleted). Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected officials,
officers, agents, employees and volunteers as additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice. The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
D. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractor's
workers' compensation coverage will be furnished to the City. The contractor
holds the City harmless for any injury or death to the contractor's employees
while performing this Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
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All services that are rendered or performed under this Contract shall be performed or
rendered entirely to the Contractor's own risk and the Contractor expressly agrees to
defend, indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees and elected officials from any and all liability, loss, fines, penalties or
damage, including reasonable cost of defense, they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or judgments
against the City of Yakima which result from, arise out of, or are in any way
connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right
of indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City
of Yakima ONDS may pursue such remedies as are legally available including but not
limited to, the termination of this Contract in the manner specified herein.
A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract
and any of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such
scope and nature that the City of Yakima ONDS deems continuation of
this Contract to be substantially non - beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as
directed by the City of Yakima ONDS or its authorized representative
within the time specified by same;
3. The Contractor has failed within the time specified by the City of
Yakima ONDS or its authorized representative to satisfactorily
substantiate its compliance with the terms and conditions of this
• Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore
and the effective date provided such effective date shall not be prior to
notification to the Contractor. After this effective date, no charges incurred
under any terminated portions are allowable.
B. TERMINATIONS ON OTHER GROUNDS
This Contract may also be terminated in whole or in part by mutual agreement
of the parties.
C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF
FUNDING
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In the event that funding from the Federal government is withdrawn, reduced
or limited in any way after the effective date of this Contract, and prior to its
normal completion, the City of Yakima ONDS may summarily terminate this
Contract as to the funds reduced or limited, notwithstanding any other
termination provision of this Contract. If the level of funding so reduced or
limited is so great that the City of Yakima ONDS deems that the continuation
of the program covered by this Contract is no longer in the best interest of the
public, the City of Yakima ONDS may summarily terminate this Contract in
whole notwithstanding any other termination provisions of this Contract.
Termination under this Section shall be effective upon receipt of written notice
by the Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any
proposed reduction in funding by Federal or other officials. The Contractor
agrees that upon receipt of such notice it shall take appropriate and
reasonable action to reduce its spending in the affected funding area so that
expenditures do not exceed the funding level which would result if said
proposed reduction became effective.
This Contract may further be terminated by the City of Yakima upon written
demand by the City of Yakima ONDS for assurances that the terms of the
Project Description are being timely complied with, if such assurances are not
made to the City's satisfaction within thirty (30) days of the date of such
written demand.
D. CLOSEOUT
In the event that this Contract is terminated in whole or in part for any reason,
the following provisions shall apply:
1. Upon written request by the Contractor, the City of Yakima shall make
or arrange for payment to the Contractor of allowable reimbursable
costs not covered by previous payments.
2. The Contractor shall submit within fifteen (15) days after the date of
expiration of this Contract, all financial, performance and other reports
required by this Contract, and in addition, will cooperate in a program
audit by the City of Yakima or its designee.
3. In the event a financial audit has not been performed prior to closeout
of this Contract, the City of Yakima ONDS retains the right to withhold
a just and reasonable sum from the final payment to the Contractor
after fully considering the recommendation on disallowed costs
resulting from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, excepting bona fide
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employees or bona fide established commercial or selling agency maintained by the
Contractor for the purpose of securing business. The City of Yakima ONDS shall
have the right, in the event of breach of this clause by the Contractor, to annul this
Contract without liability or, in its discretion, to deduct from the Contract price or
consideration or otherwise recover the full amount of such commission, percentage,
brokerage or contingent fee.
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate this Contract if it is found, after due notice and hearing, by the City
that gratuities in the form of entertainment, gifts, or otherwise offered or given
by the Contractor, or agent or representative of the Contractor, to any officer
or employee of the City of Yakima, with a view towards securing this Contract
or securing favorable treatment with respect to the awarding or amending or
the making of any determinations with respect to this contract.
B. In the event this Contract is terminated as provided in (A) above, the City of
Yakima shall be entitled to pursue the same remedies against the Contractor
as it could pursue in the event of a breach of the Contract by the Contractor.
The rights and remedies of the City of Yakima provided for in this clause shall
not be exclusive and are in addition to any other rights and remedies provided
by law.
C. The Contractor warrants and covenants that it presently has no interest and
shall not acquire any interest, directly or indirectly, which could conflict in any
manner or degree with the performance of its services hereunder. The
Contractor further warrants and covenants that in the performance of this
contract, no person having such interest shall be employed.
XXV RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this
agreement. The Contractor hereby grants to the City of Yakima, a royalty -free, non-
exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform,
dispose of, and to authorize others to do so, all data now or hereinafter covered by
copyright: Provided, that with respect to data not originated in the performance of this
Contract such license shall be only to the extent that the Contractor has the right to
grant such license without becoming liable to pay compensation to others because of
such grant. The Contractor shall exert all reasonable effort to advise the City of
Yakima ONDS, at the time of delivery of data furnished under this agreement, of all
invasions of the right of privacy contained therein and of all portions of such data
copied from work not composed or produced in the performance of this agreement
and not licensed under this clause. The Contractor shall report to the City of Yakima
ONDS, promptly and in written detail, each notice or claim of copyright infringement
received by the Contractor with respect to all data delivered under this agreement.
The Contractor shall not affix any restrictive markings upon any data, and if such
markings are affixed, the City of Yakima ONDS shall have the right at any time to
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modify, remove, obliterate, or ignore such markings.
XXVI RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise
provided herein, the inconsistency shall be resolved by giving precedence in the
following order:
A. Appropriate provisions of state and federal statutes and regulations including
HUD CDBG Regulations.
B. General Terms and Conditions (Exhibit A).
C. Those attachments incorporated by reference herein, including the statement
of work/project description, approved HUD grant budget, in the order in which
attached, (Exhibit B),
D. City of Yakima Resolution No. R- 2011 -145 (Exhibit C), and
E. Any other provisions whether incorporated by reference herein or otherwise
provided that nothing herein shall be construed as giving preference to
provisions of this contract/grant award over any provisions of law.
XXVII GOVERNING LAW
This Contract has been and shall be construed as having been entered into and
delivered within the State of Washington, and it is mutually understood and agreed by
each party hereto that this Contract shall be governed by laws of the State of
Washington, both as to interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior
Court of Washington for Yakima County, Washington.
XXIX MODIFICATION
Either party may request changes in this Contract, however, no change or addition to
this Contract shall be valid or binding upon either party unless such change or
addition be in writing, and executed by both parties, except budget adjustments as
specified in Section IV of this Contract.
XXX SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of
this Contract is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected; and the rights and obligations of the parties shall be construed
and enforced as if the Contract did not contain the particular provision held to be
invalid. If it should appear that any provision hereof is in conflict with any statutory
provision of the United States or the State of Washington, said provision which may
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conflict, therewith, and shall be deemed modified to conform to such statutory
provision.
XXXI PROGRAM INCOME
Any program income shall be accounted for by the Contractor, over the contract time
period, and shall be reported to the City. Income is to be used to continue or benefit
the program, as determined by the intent and purpose of the project.
XXXII RETURN OF FUNDS
The Contractor shall return to the City all monies provided hereunder by the City to
the Contractor if any of the following occur:
A. The Contractor materially changes the primary purpose and scope of the
Project as described on Exhibit "B" to the
B. Contract. The Contractor is unable to continue and /or provide services as
described in Exhibit "B ".
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EXHIBIT "B"
SCOPE OF SERVICES
VAUGHN BAY CONSTRUCTION REHABILITATION GRANT TO PROVIDE HANDICAP
ACCESS
A.) PROPOSAL SUMMARY /PROJECT ABSTRACT
Vaughn Bay Construction will use the $5,000 HOME grant to rehabilitate at least one
unit in the Viola II apartment complex to provide handicap access.
B.) ASSESSMENT OF NEED /PROBLEM STATEMENT
The affordable multi -unit housing project named Viola II has a need for rehabilitation
of existing unit/s to meet handicap accessibility to make at least one existing unit/s
more accessible.
C.) PROGRAM GOAL AND OBJECTIVES
Goal: Rehabilitate at least one existing unit/s in Viola II apartment complex to
provide handicap accessibility.
Objectives
1. Provide at least one unit with handicap accessibility by the following rehabilitation
possibilities;
• Install handicapped accessible fixtures.
• Install wider door /s and or opening to allow for greater access for walkers
and or wheelchairs.
• Install grab bars and /or handrails to assist with accessibility.
• Install ramps in place of steps to provide greater accessibility.
• Remove obstacles that limit accessibility.
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it will
expire at midnight, Vaughn Bay will seek reimbursement for time and materials used
for rehabilitation of at least one unit in the Viola II affordable housing project to
provide handicap accessibility.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, Vaughn Bay will report on its outcomes as to the
use of the $5,000 HOME funds towards labor and /or materials addressing the
rehabilitation of at least one unit to provide handicap accessibility in the Viola II
affordable housing project.
As per HOME regulations a five (5) year affordability period will be associated to at
least one housing unit/s ( this can be a floating unit if more than one unit is assisted
with these funds) receiving rehabilitation for handicap accessibility, to include an
annual inspection by ONDS and income verification information for the tenant on an
annual basis throughout the affordability period.
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F.) BUDGET
Vaughn Bay will be reimbursed up to $5,000 between the contract execution date and
terminate on December 31, 2011 at midnight, for eligible activities.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
• AGENDA STATEMENT
Item No. 4
For Meeting of September 20, 2011
ITEM TITLE: Consideration of a Resolution authorizing the City Manager to approve a
grant agreement with Vaughn Bay Construction to rehabilitate an existing
low income housing unit to better serve disabled tenants in the Viola II
affordable housing project.
SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development
(509) 576 -6417
CONTACT PERSON /TELEPHONE: Archie M. Matthews, Neighborhood Development Services
Manager (575 -6101)
SUMMARY EXPLANATION: The City of Yakima receives HOME funds that allow for the
rehabilitation of existing units to better serve disabled tenants within affordable housing
complexes.
Seventy -five percent (75 %) of the fifty -two (52) units at the "Viola II" affordable housing project
located at 1100 East Viola are reserved for households that include farm workers. The units are
priced to be affordable to households pursuant to the federal median income guidelines. This
action will grant $5,000 of eligible HOME funds to be used for rehabilitation of at least one existing
housing unit to better serve a disabled tenant.
• This proposal was discussed at the meeting of the City Council's Neighborhood Development
Committee on August 10, 2011; the committee recommended that this proposal be forwarded to
the full Council for approval.
Resolution X Ordinance Contract Other (Specify)
Funding Source HOME
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends approval
BOARD /COMMISSION RECOMMENDATION: Recommended for full Council consideration by
the Council's Neighborhood Development Committee.
COUNCIL ACTION: