HomeMy WebLinkAbout06/04/2013 05A Conveyance of Property at 202 S. 8th St. to Habitat for HumanityBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.S
For Meeting of: 6/4/2013
ITEM TITLE: Resolution granting the City owned and rehabilitated single
family dwelling located at 202 S. 8th Street to Habitat for
Humanity to sell to a qualified low income first time home
buyer.
SUBMITTED BY: Steve Osguthorpe, AICP
Community Development Director
(509) 575 -3533
Archie Matthews, ONDS Manager
(509) 575 -6101
SUMMARY EXPLANATION:
After purchasing and rehabilitating property at 202 S. 8th Street with Neighborhood Stabilization
funds, the City, by agreement, with the State of Washington Department of Commerce, is
required to sell it to a qualified low income first time home buyer. In granting this property to
Habitat for Humanity they agree to conduct the sale of the home to a qualified low income first
time home buyer and monitor the project for the required "Affordability Period" as per state and
federal regulations.
Resolution: X
Other (Specify):
Contract: X
Start Date: Upon Execution
Item Budgeted: NA
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Ordinance:
Contract Term: Upon Sale of Home
End Date: Upon Sale of Home
Amount: N/A
NSP and Home
Improve the Built Environment
Mail to: Yakima Valley Partners Habitat for Humanity c/o Steve
RECOMMENDATION:
Grant the property to Habitat.
ATTACHMENTS:
mom
■
Res qranfinq 202 S. 8th street.docx
■
ONDS-HOME Habitat.doc
RESOLUTION NO. R -2013-
A RESOLUTION Consideration of a Resolution authorizing conveyance of the City -owned
and rehabilitated single family dwelling located at 202 S. 8th Street to
Habitat for Humanity to sell to a qualified low income first time
homebuyer.
WHEREAS, the City of Yakima is a recipient of Neighborhood Stabilization Program
(NSP) funds; and
WHEREAS, the agreement between the Washington State Department of Commerce
and the City of Yakima specifies that the property will be sold to a qualified low income first time
home buyer as per NSP regulations, and
WHEREAS, the Yakima Habitat for Humanity as a certified Community Housing
Development Organization ( CHDO) has the ability to sell and monitor this property through the
required affordability period, and
WHEREAS, the sale proceeds will be kept by Habitat and used as program income to
further affordable housing within the City of Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The city council hereby authorizes the Yakima City Manager to execute such documents
necessary or appropriate granting and conveying to Yakima Habitat for Humanity the property
and rehabilitated dwelling at 202 South 8th Avenue, Yakima, for the sale of such property by
Yakima Habitat for Humanity to a qualified low income first time home buyer and for monitoring
such property through the required affordability period, all in accordance with applicable
requirements and procedures of the Neighborhood Stabilization Program and the Washington
State Department of Commerce.
ADOPTED BY THE CITY COUNCIL this 4th day of June, 2013.
ATTEST:
City Clerk
Micah Cawley, Mayor
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES AND
HABITAT FOR HUMANITY
Contracting Organization: Yakima Valley Partners Habitat for Humanity (acting
as an owner.)
2. Address: 21 W. Mead Ave, Ste 110, Yakima, WA. 98902
3. Phone: (509) 453 -8077
4. Contact Person: Steve Luten
5. Title of Service or Program being funded: Yakima Valley Partners Habitat for
Humanity First Time Homeownership Program.
6. Amount of Contract Award: The property known as 202 S. 8th Street
7. The term of this Contract shall commence upon execution of this Contract by
the parties hereto. and terminate upon sale of the home located at 202 S. 8th
Street to a qualified low income first time homeowner, 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 /schedule of work, attached hereto as Exhibit "B" and
incorporated herein by this reference.
3) City of Yakima Resolution No. A copy of which is
attached hereto as Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B ", and satisfaction of all contract terms and conditions as
stated in Exhibit "A ", Exhibit "B" and Exhibit "C ".
10. Contractor, by execution of this Agreement, represents and warrants that it is a
certified Community Housing Development Organization (CHDO) pursuant to
the requirements of 24 CFR Part 92.2, and that it will maintain such status
throughout performance of this Agreement acting as an "Owner'.
This written document, together with all of the incorporated exhibits hereto, constitutes
the entire Contract and terms of agreement between the parties hereto.
Pag1 of 20 City of Yakima 5/16/13 Page 1
IN WITNESS THEREOF the parties have executed this Contract as of the day and
year stated below.
CITY OF YAKIMA; OFFICE OF HEIGHBORHOOD
DEVELOPMENT SERVICES:
Tony O'Rourke, City Manager
Date:
Steve Osguthorpe, AICP, Community
Development Director
Date:
ATTEST:
City Clerk
City Contract No.:
Community Housing Development Organization:
Steve Luten
Title: Executive Director
Date:
Pag2 of 20 City of Yakima 5/16/13 Page 2
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 ").
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 the property located at 202
S.8 th Street to be sold to a qualified first time homebuyer.
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 contained herein or in the special conditions:
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
Pag3 of 20 City of Yakima 5/16/13 Page 3
Management Circular 74 -4 "eligible costs under the HOME
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.11, "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.
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 HOME funds shall continue to be used
in accordance with its original purpose as provided in 24CFR 570.503 (b)(8).
Pag4 of 20 City of Yakima 5/16/13 Page 4
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, the requirements of 24 CFR Part 92.2 (CHDO status), 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:
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
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
Pag5 of 20 City of Yakima 5/16/13 Page 5
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
(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 weq; 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
Pag6 of 20 City of Yakima 5/16/13 Page 6
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 O 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.
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)).
C. ENVIRONMENTAL REVIEW
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
Pag7 of 20 City of Yakima 5/16/13 Page 7
an Environmental Impact Statement.
2 SEPA
The Contractor retains responsibility for fulfilling the
requirements of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
3 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 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 92.350), and shall not, on the grounds of race, color,
sex, religion, national origin, creed, marital status, or age:
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
Pag8 of 20 City of Yakima 5/16/13 Page 8
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 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 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.
Pag9 of 20 City of Yakima 5/16/13 Page 9
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.
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
A. Property Standards
Contractor shall comply with the provisions of 24 CFR 92.251. Pursuant to
such section, housing that is constructed or rehabilitated with HOME funds must
Pag10 of 20 City of Yakima 5/16/13 Page 10
meet all applicable local codes, rehabilitation standards, ordinances, and zoning
ordinances at the time of project completion. Applicable local codes include,
but are not limited to, the International Building Code (ICBO), International Fire
Code, and other applicable codes set forth in Title 11 of the Yakima Municipal
Code, or the standards set forth in the Minimum Property Standards (MPS) per
24 CFR 200.925, whichever is more restrictive. Additionally, newly constructed
housing must meet the current edition of the Model Energy Code published by
the Council of American Building Officials.
B. Additional Standards
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:
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 lose, damage, or theft to the property. Any loss, damage, or
theft of the property shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the
property in good condition.
5. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item
of cost, title to such property shall remain with the Contractor. An
election to capitalize and depreciate or claim acquisition cost as a direct
item of cost shall be irrevocable.
6. Nonexpendable personal property purchased by the Contractor under
the terms of this Contract, in which title is vested in the City of Yakima or
Federal Government shall not be rented, loaned, or otherwise passed to
any person, partnership, corporation, association or organization without
the prior express approval of the City of Yakima ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities
defined in this Contract.
Pag11 of 20 City of Yakima 5/16/13 Page 11
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 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. NOINSURANCE
It is understood that the City does not maintain liability insurance for the
Contractor and /or its employees, agents, officers, and subcontractors.
Pag12 of 20 City of Yakima 5/16/13 Page 12
B. COMMERCIAL LIABILITY INSURANCE
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 One Million Dollars ($1,000,000.00) that
clearly states who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect (any
statement in the certificate to the effect of "this certificate is issued as a
matter of information only and confers no right upon the certificate
holder' shall be deleted). Said policy shall be in effect for the duration of
this 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.
Pag13 of 20 City of Yakima 5/16/13 Page 13
XXI INDEMNIFICATION AND HOLD HARMLESS
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:
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.
Pag14 of 20 City of Yakima 5/16/13 Page 14
C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION
OF FUNDING
In the event that funding from the Federal government is withdrawn,
reduced or limited in any way after the effective date of this Contract,
and prior to its normal completion, the City of Yakima ONDS may
summarily terminate this Contract as to the funds reduced or limited,
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
Pag15 of 20 City of Yakima 5/16/13 Page 15
for a commission, percentage, brokerage or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agency maintained by
the Contractor for the purpose of securing business. The City of Yakima ONDS
shall have the right, in the event of breach of this clause by the Contractor, to
annul this Contract without liability or, in its discretion, to deduct from the
Contract price or consideration or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee.
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
Pag16 of 20 City of Yakima 5/16/13 Page 16
data, and if such markings are affixed, the City of Yakima ONDS shall have the
right at any time to modify, remove, obliterate, or ignore such markings.
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:
Appropriate provisions of state and federal statutes and regulations
including HUD HOME Investment Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the
statement of work/project description, approved HUD grant budget, in
the order in which attached, (Exhibit B),
4. City of Yakima Resolution No. (Exhibit C), and
5. 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 conflict, therewith, and shall be
deemed modified to conform to such statutory provision.
Pag17 of 20 City of Yakima 5/16/13 Page 17
XXXI PROGRAM INCOME
Any program income shall be accounted for by the Contractor, over the contract
time period, and shall 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:
1. The Contractor materially changes the primary purpose and scope of the
Project as described on Exhibit "B" to the
2. Contract. The Contractor is unable to continue and /or provide services as
described in Exhibit "B ".
3. All "Net Proceeds" of the sale of the Single Family Dwelling shall be kept and
used by the Contractor at its discretion to further affordable housing, as set forth
in subsection (G) of Exhibit "B.
Pag18 of 20 City of Yakima 5/16/13 Page 18
Exhibit "B" — OPERATING BUDGET AND WORK PLAN
Granting property located at 202 S. 8t" Street to Yakima Valley Habitat for
Humanity
A.) PROPOSAL SUMMARY /PROJECT ABSTRACT
The City of Yakima will grant the property located at 202 S. 8th Street to
Yakima Valley Habitat for Humanity to be sold to a qualified low income
first time homeowner.
B.) ASSESSMENT OF NEED /PROBLEM STATEMENT
To meet the requirements of the Neighborhood Stabilization Program
(NSP) criteria to provide 25% of program goals to assist low income firsl
time homeowners.
C.) PROGRAM GOAL AND OBJECTIVES
Goal
The City of Yakima to meet it's contract obligations concerning the
Neighborhood Stabilization Program (NSP) criteria to provide 25% of the
program goals to assist low income first time homeowners, will hereby
grant to the Yakima Valley Habitat for Humanity the property located at
202S. 8th Street; a property acquired and rehabilitated with NSP funds, to
be sold to a qualified low income first time homeowner.
Objectives
Yakima Valley Habitat for Humanity will sell the home located at 202 S. 8th
Street to a qualified low income first time homeowner.
D.) METHODOLOGY
Upon receiving the home located at 202 S. 8th Street, Yakima Valley
Habitat for Humanity will qualify a low income first time homebuyer and sell
said property to them, for no more than the HUD 203(b) maximum
mortgage limit amount of $139,650. The sale amount to be determined by
the affordability of the purchaser as calculated by Habitat for Humanity
using the 2013 Federal Median Income guidelines.
E.) OUTCOMES & EVALUATION
The home will be granted to Yakima Habitat for Humanity to be sold to a
qualified low income first time homebuyer. Any and all net proceeds of the
sale of the newly constructed home located at 202 S. 8th Street are to be
retained by Habitat and used to further affordable housing.
F.) BUDGET
The City of Yakima will grant the property located at 202 S. 8th Street to
Yakima Valley Habitat for Humanity to be sold to a qualified low income
Pag19 of 20 City of Yakima 5/16/13 Page 19
first time homebuyer.
G.) LAND — CONVEYANCE — DEED OF TRUST — CLOSING
In order to facilitate the sale of the property, the City of Yakima will convey
title to the subject property located at 202 S. 8t" Street, by appropriate
deed, to Yakima Valley Habitat for Humanity.
Pag20 of 20 City of Yakima 5/16/13 Page 20