HomeMy WebLinkAboutR-2009-151 Habitat for Humanity Agreement / Grant / Three Building LotsRESOLUTION NO. R-2009-151
A RESOLUTION Authorizing the City Manager to execute an agreement with Habitat for
Humanity for a grant of $75,000 for the acquisition and clearance of
three building Tots.
WHEREAS, Habitat for Humanity is a Qualified Community Housing Development
Organization; and
WHEREAS, Habitat for Humanity has requested Seventy-five Thousand dollars
($75,000) in HOME funding for acquisition and clearance of three building Tots; and
WHEREAS, the City is a recipient and is responsible for the administration of its annual
allocation of HOME funds made available through the United States Department of Housing
and Urban Development (HUD); and
WHEREAS, federal regulations goveming the use of HOME funds for addressing
affordable housing activities allow the City to use such funds to provide grants to assist
Community Housing Development Organizations (CHDO) to construct such housing; and
WHEREAS, the provision of HOME assistance to Habitat for Humanity for this purpose
will assist in providing affordable housing to low -low income families in the 30-60
percentile of the median family income within the City of Yakima; and
WHEREAS, the assistance to Habitat for Humanity for affordable housing to low-
income families provides substantial appropriate public benefits to the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a grant agreement, with Habitat for
Humanity in the amount of Seventy-five Thousand dollars ($75,000) in HOME funds for the
acquisition and clearance of three building Tots.
ADOPTED BY THE CITY COUNCIL this 17th day of Nove r, 2009
ATTEST:
avi • • ler, Mayor
4L2d 29/5/
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Habitat for Humanity "Contractor")
2. Address: 21 W. Mead Ave, Suite #110, Yakima, WA. 98902
3 Phone: 1509) 453-8077
4 Contact Person: Steve Lutin, Executive Director
5 Title of Service or Program being funded: Acquisition and Clearance of three Tots to result in
construction of three affordable low income single family housing units.
6. Amount of Contract Award: $75,000 Fifty Thousand Dollars
7 The term of this Contract shall commence upon execution hereof and shall terminate at midnight,
December 31, 2011, unless sooner terminated by either party in accordance with Section XXII
of Exhibit "A", attached hereto and incorporated herein by this reference.
8 This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
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-2009-67, 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", the City's receipt of all required Contractor/Subcontractor hen releases, and
satisfaction of all contract terms and conditions as stated in Exhibit "A", Exhibit "B" and Exhibit
"C,,
This written document, together with all of the incorporated exhibits hereto, constitutes the entire Contract
and terms of agreement between the parties hereto
IN WIT SS THER parties have executed this Contract as of the day and year stated below.
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R.A. Zais, Jr , City nager /Date
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ATTEST:
City Clerk
City Contract No.: aoo9 —/ 3 7
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")
CHDO PROVISION: It is understood that Habitat for Humanity has certified that it is and will
maintain CHDO status for the term of the Project in accordance with 24 CFR 92 Habitat for
Humanity agrees to provide information as may be requested by the CITY to document its
continued compliance.
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 of Yakima shall provide to the Contractor HOME funds for the acquisition and
clearance of trees and/or vacant structures and debris on the designated lots, to result in
the eventual construction of three single family housing units. This grant may be
provided from HOME fund sources, in an amount not to exceed Seventy-five Thousand
Dollars ($75,000)."
C. USE OF HOME FUNDS
CHDO will use the HOME funds for acquisition and clearance to provide affordable
homeownership opportunities to low income Yakima city residents Homebuyers are to
use the home as their principal residence.
Eligible homebuyers will meet the affordability requirements as found in 24 CFR 92.254,
of income not exceeding eighty percent (80%) of the Area Median Income Guidelines
(Attachment A).
The property will conform to the HOME requirement 92 254(a)(2), of the maximum
purchase price not exceeding 95% of the median purchase price limit for Yakima County,
currently $257,497
Recorded loan documents will state use restrictions to homebuyer regarding period of
affordability (10 years) as per 92.254(a)(4), and recapture of HOME funds, as per
92.254(a)(5), when the (10 yrs) years is not met.
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
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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:
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 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.
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%)
per home, or 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
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
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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.
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 ANDVOLUNTARY 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
2. 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.
3. Where the Contractor is unable to certify to any of the statements in this
Agreement, the Contractor shall attach an explanation to this Agreement.
4. 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
5. The Contractor further agrees by signing this Agreement that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
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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.
6 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).
7 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.
8 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).
9 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 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.
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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
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. The Contractor agrees that it shall not discriminate against any employee or applicant on
the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the
presence of any sensory, mental or physical handicap Such action shall include, but not
be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and
programs for training including apprenticeships
The 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
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Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570 601.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this contract
(24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion, national
origin, creed, marital status, or age:
1 Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Contract;
2 Provide any service(s) or other benefits to a qualified individual which are
different, or are provided in a different manner, from those provided to others
under this Contract, separate treatment in any manner related to his receipt of
any service(s) or other benefits provided under this Contract,
3 Deny any qualified individual an opportunity to participate in any program
provided by this Contract through the provision of service(s) or otherwise, or will
afford him an opportunity to do so which is different from that afforded others
under this Contract.
B The 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, County and Municipal
standards for licensing, certification and operation of facilities and programs, and accreditation
and licensing of individuals, and any other standards or criteria as described in the Contract to
assure quality of services.
XII MONITORING AND ACCESS TO RECORDS
A. 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
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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 five 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.
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 -
1 Property records shall be maintained accurately and provide for A description of the
property; manufacturer's serial number or other identification number; acquisition date
and cost; source of the property; percentage of HOME funds used in the purchase of
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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.
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
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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 a written quarterly report outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima
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
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,
its elected officials, officers, agents and employees as additional insured, and shall
contain a clause that the insurer will not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice (any language in the clause to
the effect of "but failure to mail such notice shall impose no obligation or liability of any
kind upon the company" shall be crossed out and initiated by the insurance agent) The
insurance shall be with an insurance company or companies rated A -VII or higher in
Best's Guide and admitted in the State of Washington
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 One Million Dollars ($1,000,000 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, its elected officials, officers, agents, and employees as additional
insured/s, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice (any
language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by
the insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington
D WORKERS' COMPENSATION
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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
All services to rendered or performed under this Contract will 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, inducing reasonable cost of defense, they
may suffer as a result of claims, demands, actions, or damages to any and all persons or
property, costs or 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.
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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 thirty (30) days after the date of expiration of
this Contract, all financial, performance and other reports required by this
Contract, and in addition, will cooperate in a program audit by the City of Yakima
or its designee
3. In the event a financial audit has not been performed prior to 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 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
12 of 16 plus "EXHIBITS"
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.
D. No employee, agent, consultant, elected official, or appointed official of Contractor may
obtain a financial interest or unit benefits from a HOME -assisted activity, either for
themselves or those with whom they have family or business ties, during their tenure or
for one year thereafter.
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 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
1 Appropriate provisions of state and federal statutes and regulations including HUD Home
Regulations
2. General Terms and Conditions (Exhibit A)
3 Those attachments incorporated by reference herein, including the statement of
work/project description, approved HUD grant budget, in the order in which attached,
13 of 16 plus "EXHIBITS"
(Exhibit B),
4. City of Yakima Resolution No. R-2008- (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.
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 HOME 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 HOME Project
as described on Exhibit "B" to the'Contract; or
2 The Department of Housing and Urban Development requires a 10 year "Affordability
Period" from the date of the closing of activity as reported in "HUD's IDIS" financial
reporting system, and if the real property that is the subject of the HOME Project
described on Exhibit "B" to the Contract is sold or transferred in any way by the
Contractor, other than sold to qualified low/moderate income homeowner/s as per HUD
program regulations.
14 of 16 plus "EXHIBITS"
XXXIII DEED RESTRICTIONS OR COVENANT
1 The City shall have either a deed restriction outlining a lien on the property to be forgiven
after such time as the affordability period for the project is satisfied according to HUD
guidelines; or
2. The City shall agree to a covenant restriction recorded against the property outlining the
"Affordability Period" and need for the project to continue its low to moderate benefit as
specified within HOME regulatory guidelines
3 The City shall have the recapture provisions language included in the Deed of Trust.
XXXIV PROJECT PROCEEDS
HOME funds provided by the City of Yakima to the Contractor shall be repaid to the City
at no interest from project cash flow if and to the extent that annual net operating income
to the Contractor (after project operating expense and first lien debt service) exceeds ten
(10) percent of the Contractors investment in the project (including equity and private
lending) in any of the first five (5) years after issuance of a Certificate of Occupancy
XXXV NON -COMPLETION OF THE PROJECT
In the unlikely event that the Contractor is unable to complete the project, ownership of
any unsold portion of the project shall be offered with a "First Right of Refusal" to the City
of Yakima subject to any existing project based liens
15 of 16 plus "EXHIBITS"
EXHIBIT "B"
16 of 16 plus "EXHIBITS"
Yakima Valley Partners
kilt Habitat
for Humanity®
Building
houses,
building
hope
2500 5 26th Avenue
PO Box 9007
Yakima, WA 98909-0007
(509) 453-8077 Office
(509) 453-8190 Fax
www.yakimahabitat.org
October 21, 2009
Archie Matthews
Office of Neighborhood Development
112 S 8th Street
Yakima, WA 98901-3022
RE: 201 S 8th Street Proposal
Dear Archie,
Please consider this as a proposal from Yakima Valley Partners Habitat for
Humanity for a grant to purchase the properties on 1518 Fairbanks Ave (2
lots) and 908 5th Ave (1 lot). See attached plot diagrams.
Yakima Valley Partners proposes to construct a home on each lot in
partnership with families whose incomes are between 30 and 60% of the
median income for Yakima County. The homes would be purchased by the
families using a no interest loan from Habitat for Humanity. Each family
would be required to invest a minimum of 500 hours of "sweat equity" on
their home before they begin occupancy. The homes would be constructed
by Yakima Valley Partners utilizing our construction staff, volunteers from
the community, the family and their friends and relatives, and AmeriCorps
construction volunteers.
We are currently engaged in the home owner selection process for 2010.
Our intent is to identify families for these lots. The floor plans and number
of bedrooms are dependent on the needs of the families selected; therefore
we are unable to provide specific floor plans at this time. However we
expect to build homes that are between 1000 and 1200 square feet with 1 1/2
or 2 bathrooms.
We except to have these homes complete with a Certificate of Occupancy
on or before December 1, 2010.
We are currently in negotiation with the sellers of these lots. Each of these
lots will be purchased for no more than $22000 per lot. The cost of the lot
on 908 5th Ave includes an existing garage and will be included as a
detached building sold with the home we construct. The cost of the 1518
Fairbanks Ave property includes the demolition and removal of the three
blighted homes that currently exist on this property.
All three of these lots have water and sewer already accessible on the
property and will require a maximum $3000 per lot in infrastructure
development. These costs include:
1. Removal of the frees on the 1518 Fairbanks property.
2. Installation of a new water meter if required by the City.
3. The cost of hooking up water and sewer lines.
To enable us to replace these blighted and vacant lots with three affordable
homes within the city of Yakima we would ask the following:
• $22,000 per lot for purchasing the land (total $66,000)
• A maximum of $3000 per lot for the cost of infrastructure (total
$9,000)
• The total. grant request is $75,000
If you need additional information, please contact me.
Working in partnership,
Steve Luten
Executive Director
1518 Fairbanks Ave 2 Lots
Fairbanks
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Note: This triangular lot is virtually unbuildable and does not
have street access. We are asking the owner to consider
donating it to Habitat. If we are able to acquire this lot we will
tie to lot #8 providing a larger yard.
908 S 5th Ave
Baker St
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BUSINESS OF THE CITY COUNCIL
YAK/MA. WASHINGTON
AGENDA STATEMENT
Item No. -* 15
For Meeting ofNovember 1T,2OO9
ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute an
agreement with Habitat for Humanity for a grant of $75'000 for the acquisition and clearance of
three building lots.
SUBMITTED BY: William R. Cook, Community & Economic Development Director
CONTACT PERSON / TELEPHONE: Michael Morales, Comn?unitv and Economic
Dev8|OprnentDeputy Director (575-3533)
SUMMARY EXPLANATION: As the annual recipient of HOME Investments Partnerships
(HOME) funds from the Department of Housing and Urban Development (HUD), the City of
Yakima is required to invest these funds for "Affordable Housing" within its jurisdiction.
Habitat. for Humanity as a Qualified CHDO is requesting Seventy five thQusnd dollars
/$75,000\ for the acquisition and clearance of three (3) building lots to result in the construction
of three new Sin|eFami|y|ovvinconn8h0uGiOgunits.
The City of Yakima in granting HOME funds for acquisition and clearance enables Habitat for
Humanity to build low income housing for families in the 30-60 percentile of the median family
Resolution X Ordinance Other (Specify)
Contract
Mali to (name and address):
Funding Source 2009 HOME Fundm
Phone:
�
APPROVED f(}F(8UBK�|TTAL: � ~
City age[
STAFF RECOMMENDATION: Staif recommends approval
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Neighborhood Development
Committee met on November 4, 2009 and recommended that this proposal be forwardedto the
full Council for approval.
COUNCIL ACTION: