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HomeMy WebLinkAboutR-2009-140 Neighborhood Stabilization Program Funds Agreement with Washington State Department of CommerceRESOLUTION NO. R 2009-140 A RESOLUTION authorizing the City Manager to execute an agreement with the Washington State Department of Commerce to accept Six Hundred Fifty Thousand Six Hundred Fourteen dollars ($650,614.00) of Neighborhood Stabilization Program (NSP) funding. WHEREAS, The Washington State Department of Commerce has allocated $650,614.00 of Neighborhood Stabilization Program funds to the City of Yakima; and WHEREAS, The NSP program regulations enable the City of Yakima to purchase foreclosed properties and redevelop those properties; and WHEREAS, there is a need to redevelop foreclosed properties within the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized to execute an agreement with the Washington State Department of Commerce accepting $650,614.00 of Neighborhood Stabilization Program (NSP) funding. ADOPTED BY THE CITY COUNCIL this 2 ay of Octob ; , 2009. ATTEST: 16)9--Aolat) Y1(eet_ City C erk David Edler, Mayor Department of Commerce Grant Agreement with: r n ii t City of Yakima through Washington State Community Development Block Grant Program Neighborhood Stabilization Program For: City of Yakima will remove unfit structures from approximately ten (10) blighted properties and redevelop two of the recovered properties to provide low-income housing. Contract Number: 08-F6401-027 Start date: 2/18/2009 Washington State Department of Commerce www.commerce.wa.gov FACE SHEET Contract Number: 08-F6401-027 Washington State Department of Commerce Local Government Division Community Development Programs Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) 1. Contractor City of Yakuna 129 North Second Street. Yakima, Washington 98901 2. Contractor Doing Business As (optional) N/A 3. Contractor Representative Archie M Matthews 112 South 8i6 Street Yakima, Washington 98901 Phone 509-575-6101 Email. 509-576-6176 4. COMMERCE Representative Bill Mandeville (360) 725- 3051NSP Project Manager PO Box 42525 Phone (360) 725-3051 906 Columbia Street SW Fax: (360) 664-3123 Olympia, WA 98504-2525 bill.mandeville@commerce coin 5. Agreement Amount $650,614 6. Funding Federal: Q. Source State: ❑ Other: ❑ N/A: ❑ 7. Start Date 2/18/2009 8. End Date 3/31/2013 Federal Agency CFDA Number 9. Federal Funds (as applicable) 333 14.228 U S. Department of Development (HUD Housing and Urban 14.228 10.Tax ID# 91-6001293 11.SWV# 12.UBI# N/A 13. DUNS# 14. Contract Purpose City of Yakima will remove unfit structures from approxunately ten (10) blighted properties and redevelop two of the recovered properties to provide low-income housmg. COMMERCE, defined as the Department of COMMERCE, and the Contractor, as defined above, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement are govemed by this Agreement and the following other documents incorporated by reference: Contractor Special and General Terms and Conditions including Attachment "A" — Scope of Work and Budget, Attachment "B" — State and Federal Requirements and Assurances, Attachment "C" — Letter to Incur Costs (if applicable), Attachment "D"- Additional Conditions and Agreement for Interim Financing/CDBG Float -Funded Activity (if applicable), and Attachment "E" —Assignment of Rights, Title, and Interest (if applicable), and the following documents incorporated herein by reference Contractor's application for funding and the Community Development Block Grant Policies and Procedures, prepared by COMMERCE. FOR CONTRACTOR ����, 5' FOR COMMERCE I., -e,.-. Richard A Zais, City Manager City of Yakima /D-22 -DT Kar i�'!�!�.� %'ctor L. al Govemment Di :'on i(°/z8/O% Date CITY CONTRAC r NO: ate APPROVED AS TO FORM ONLY Alice Blado, Assistant Attorney General (Signature on File) May 29, 2009 RESOLUTION NO: - Date TABLE OF CONTENTS FACE SHEET CONTRACT TERMS AND CONDITIONS Special Terms and Conditions 1. Definitions . 1 2 Access to Records 1 3. Acquisition and Disposition of Assets 1 4. Agreement Management .... 2 5. Anti -Lobbying Certification and Disclosure Form 2 6. Billing Procedures and Payment 2 7. Closeout ...... 2 8. Environmental Review 3 9. Equal Opportunity Treatment for Faith Based Organizations 4 10. Insurance. 4 11 Subcontracts for Engineering Services ..... 6 12 Program Income......... 6 13. Reports 6 14 Order of Precedence . 6 General Terms and Conditions 1. Definitions .1 2. All Writings Contained Herein .. 1 3. Amendments ........... 1 4. Assignment 1 5. Attorney Fees 1 6. Audit 1 7. Certification Regarding Debarment, Suspension or Ineligibility or Ineligibility and Voluntary Exclusion 3 8. Confidentiality/Safeguarding of Information 3 9. Conformance 4 10 Copyright Provisions 4 11. Disallowed Costs ... 5 12. Disputes 5 13 Duplicate Payment ... ... 5 14. Ethics/Conflicts of Interest 5 15. Governing Law and Venue 5 16. Indemnification 5 17. Independent Capacity of the Contractor 6 18. Industrial Insurance Coverage 6 19 Laws ....... 6 20. Licensing, Accreditation and Registration .... 8 21. Limitation Of Authority 8 22. Noncompliance With Nondiscrimination Laws 8 23. Political Activities. 8 24 Prevailing Wage Laws 8 25. Procurement Standards for Federally Funded Programs 9 26. Prohibition Against Payment Of Bonus Or Commission. ... 9 27. Publicity. 10 28. Recapture 10 29. Records Maintenance 10 30 Registration With Department Of Revenue 10 31. Savings 10 32. Severability.. 10 33. Subcontracting 10 34. Survival 11 35. Taxes 11 36. Termination for Cause/Suspension 11 37. Termination for Convenience 11 38. Termination Procedures. .............. 11 39. Waiver . 12 Attachment A, Scope of Work Attachment B, State and Federal Requirements and Assurances Attachment C, Letter to Incur Costs (if applicable) SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. DEFINITIONS A. "Subcontractor" in the General Conditions of this Agreement shall mean the same as the term "subrecipient" found in the federal Community Development Block Grant (CDBG) rules and regulations and the term "contractor" found in the procedures and policies in state's CDBG Management Handbook. B. "Low- and moderate -income" shall mean a household income equal to or less than 80 percent of area median income adjusted by family size. C. "Low- , moderate-, and middle-income" shall mean a household income equal to or less than 120 percent of the area median income, measured as 2.4 times the current Section 8 income limit for households below 50 percent of median income, adjusted by family size. D. For purposes of the Neighborhood Stabilization Program only, the term "low- and moderate - income person" as it appears throughout the CDBG regulations at 24 CFR part 570 shall be defined as a member of a low-, moderate-, and middle-income household. 2. ACCESS TO RECORDS COMMERCE and duly authorized officials of the state and the federal government shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Contractor and of persons or organizations with which the Contractor may contract, involving transactions related to the project and this contract. 3. ACQUISITION AND DISPOSITION OF ASSETS The Contractor will account for any tangible personal property acquired with grant funds. The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570 503, 570.504, as applicable, which include but are not limited to the following. Real property that was acquired or improved, in whole or in part, with Community Development Block Grant (CDBG) funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG national objectives for ten (10) years after the Agreement is closed. Any exception must be made with COMMERCE's approval and the Contractor will be responsible to pay COMMERCE an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment from the disposition of real property acquired with grant funds within 10 -years of closeout of this Agreement shall be treated as program income under Section 12 of these Special Terms and Conditions. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Real property acquired, improved or sold, in whole or part, with Neighborhood Stabilization Program (NSP) funds shall comply with the requirements of Public Law 110-289, Housing and Recovery Act of 2008 (HERA), section 2301, which includes but is not limited to: Section 2301(d)(1) current market appraisal requirements to determine the statutory purchase discount and to ensure purchasers are paying below-market value for the home or property; Section 2302(d)(3) sale amount restrictions for any abandoned or foreclosed upon home or residential property purchased, redeveloped, or otherwise sold to an individual as a primary residence to an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent,safe, and habitable condition; and Section 2301(f)(3) affordability requirements as stipulated in 24 CFR 92.252 for rental housing units or 24 CFR 92.254 for owner -occupied housing units or for a longer period of time if practicable; COMMERCE / Local Government Agreement for Federal Funds 1 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 4. AGREEMENT MANAGEMENT The Representative for each of the parties identified on the Face Sheet of this Agreement shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. 5. ANTI -LOBBYING CERTIFICATION AND DISCLOSURE FORM Contractor, defined as the primary participant and its principals, certifies by signing these Special Terms and Conditions that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. The above provisions will be met if the grant award from COMMERCE exceeds $100,000 and will further ensure that their provisions are included in any sub grant, contract, and subcontracts exceeding $100,000 of grant funds. 6. BILLING PROCEDURES AND PAYMENT COMMERCE will pay the Contractor for allowable expenses tied to approved project activities according to Attachment A, Scope of Work and Budget. Invoices must be submitted on a Washington State Invoice Voucher form. The voucher form must report all federal funds on hand as of the date of submittal. Any cash on hand must be subtracted from the amount of funds requested. Program income earned during the reporting period must also be deducted from the amount requested. Invoices shall be mailed to: Department of Commerce Local Government Division 128 - 10th Avenue SW P.O. Box 42525 Olympia, Washington 98504-2525 Attention. Contracts Administration Unit (CAU) Project Manager. Invoices shall describe and document, to COMMERCE 's satisfaction, the work performed, the progress of the project, and fees. The invoice shall include the Agreement number. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50 00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Agreement, including completion of the Environmental Review and the release of funds (if applicable) No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. 7. CLOSEOUT COMMERCE / Local Government Agreement for Federal Funds 2 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The COMMERCE will advise the Contractor to initiate closeout procedures when there are no impediments to closing and the following criteria have been met or soon will be met: A. All costs have been incurred with the exception of closeout costs and any unsettled third -party claims against the Contractor. Costs are incurred when goods and services are received or contract work is performed B. The Contractor has held a public hearing to review program performance. C. The Contractor has submitted the final Closeout Performance Report. Failure to submit a report will not preclude the COMMERCE from effecting closeout if it is deemed to be in the state's interest. Any excess grant amount in the Contractor's possession shall be returned in the event of failure to finish or update the report. D. Other responsibilities of the Contractor under this Agreement and any closeout Agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further state interest in keeping the grant open for the purpose of securing performance. 8. ENVIRONMENTAL REVIEW General Purpose, Housing Enhancement, Neighborhood Stabilization, and Recovery Grants Funding in excess of the amount stipulated in Attachment C, Letter to Incur Costs, shall not be released to a Contractor by COMMERCE until the following conditions are met: A. The Contractor must prepare an environmental assessment of the project and make a finding of environmental impact. A notice of this finding must be published along with a notice of the Contractor's intent to request release of funds for the project unless the project is exempt from the publication requirements as described. The Contractor must allow a seven (7) or fifteen (15) day period for public review and comment following publication of the notices unless exempt under the National Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). When this review and comment period expires, the Contractor may, after considering any comments received, submit a request for release of funds to COMMERCE. Upon receipt of the request, COMMERCE must allow a fifteen (15) day period for public review and comment. When COMMERCE 's public review and comment period expires, COMMERCE may, after considering any comments received, formally notify the Contractor in writing of the release of federal funds for the project. B. This special condition is satisfied when the Contractor completes the environmental review and request for release of funds from COMMERCE. The special condition is effectively removed on the date COMMERCE provides the Contractor with written notice of release of funds. Imminent Threat Grants Funding shall not be released to an Imminent Threat grant recipient until the following conditions are met: The Contractor assures that assisted activities are for temporary or permanent improvements limited to the protection, repair or arrest of imminent threats to public health and safety or physical deterioration. The Contractor further assures that assisted activities will result in either no change or minimal change in the environmental conditions that existed prior to the emergency. In addition, the Contractor assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under Section 58.34 of 24 CFR, Environmental Review Procedures for Title I CDBG Programs. In cases where Contractors must take action immediately, or within a time too short to allow full SEPA compliance, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an immediate threat of serious environmental degradation, such actions are exempt from SEPA pursuant to WAC 197-11-880. Planning -Only and Public Services Grants Funding shall not be released to a Planning -Only or Public Services grant recipient until the following conditions are met: The Contractor assures that assisted activities are exempt under NEPA (24 CFR 58 32) and categorically exempt under SEPA (RCW 43.21C.110). The Contractor further assures that the activities do not come under the purview of any other federal, state, and known local environmental laws, statutes, regulations or executive orders. In addition, COMMERCE / Local Government Agreement for Federal Funds 3 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM the Contractor assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under (NEPA) 24 CFR 58.34(3) (for POG) or 58 34(4) (for PS) and (SEPA) WAC 197-11-800 (for POG) or WAC 197-11-305 (for PS). Float -Funded Activity Grants Funding shall not be released to a Float -Funded Activity grant recipient until the following conditions are met: A. If the Contractor completed a CDBG environmental review for the project under a previous CDBG, and has written notification from COMMERCE of the release of federal funds under that grant, the Contractor must provide a Letter of Continuation notifying COMMERCE that the environmental review requirements have been met. The Letter of Continuation must reference the grant under which CDBG environmental review requirements were met. It must also confirm that the project scope has not changed and no additional environmental review activities are required. B. If the Contractor has not completed a CDBG environmental review for the project under a previous grant, it must meet the same conditions required for that grant as described in this Environmental Review clause. 9. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED. ORGANIZATIONS The Contractor agrees to comply with the applicable requirements of 24 CFR 570.200(j) Housing and Urban Development Department (HUD). 10. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect COMMERCE should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Agreement. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Agreement, as follows. Commercial General Liability Insurance Policy Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and COMMERCE / Local Government Agreement for Federal Funds 4 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall secure fidelity insurance as noted above Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. Additional Provisions: Above insurance policy shall include the following provisions: 1. Additional Insured. The state of Washington, COMMERCE, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State. 2. Identification. The policy must reference COMMERCE's Agreement number and the State agency name. 3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved by COMMERCE's Risk Manager, or the Risk Manager for the state of Washington, before the Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284- 15 WAC. 4. Excess Coverage. By requiring insurance herein, COMMERCE does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to COMMERCE in this Agreement. Local Government Contractors that Participate in a Self -Insurance Program Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from COMMERCE, the Contractor may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate an/or letter of coverage that outlines coverage limits and deductibles All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Contractor's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need COMMERCE / Local Government Agreement for Federal Funds 5 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under Contractor's self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 11. SUBCONTRACTS FOR ENGINEERING SERVICES Engineering firms must certify that they are authorized to do business in the state of Washington and are in full compliance with the requirements of the Board of Professional Registration. The Contractor shall require that professional services providers be covered by errors and omissions insurance in an amount not less than the amount of the firm's subcontract. If the firm is unable to obtain errors and omissions insurance, the firm shall post a bond with the Contractor for not less than the amount of the subcontract. Such insurance or bond shall remain in effect for the entire term of the subcontract. The subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the subcontract shall constitute a material breach of the subcontract and cause for subcontract termination The Contractor shall cause the subcontractor to provide 30 -day notice of cancellation If the engineering firm is also the project administrator, the Contractor shall require that the bond or insurance shall be for not less than the amount of the entire CDBG project. 12. PROGRAM INCOME Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before drawing additional CDBG or NSP funds to complete activities included in the Scope of Work and E3udget. The Contractor must maintain records of program income received and expended, and annually report program income received after closeout of this Agreement, if the total amount of program income received in a single year equals or exceeds $25,000. Program Income shall be used to continue the same activities to benefit low- and moderate -income persons or, with COMMERCE - approval, for other activities to benefit low- and moderate -income persons. Interest earned on CDBG or NSP funds in excess of $100 must be remitted to COMMERCE for return to the U.S. Treasury. 13. REPORTS The Contractor, at such times and in such forms as COMMERCE may require, shall furnish periodic reports pertaining to the activities undertaken pursuant to this Agreement. These reports may include environmental review records, publication affidavits, procurement and contracting records, documentation of compliance with HUD civil rights requirements, job creation records, program income reports, reports of the costs and obligations incurred in connection therewith, the final closeout report, and any other matters covered by this Agreement. 14. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Scope of Work and Budget COMMERCE / Local Government Agreement for Federal Funds 6 GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Agreement, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "COMMERCE" shall mean the Department of COMMERCE or its successor agency. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Agreement under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. ATTORNEYS' FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorneys fees and costs. 6. AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from the audit. COMMERCE / Local Government Agreement for Federal Funds 1 GENERAL TERMS AND CONDITIONS As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. Federal Funds Requirements - OMB Circular A-133 Audits of States, Local Governments and Non -Profit Organizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." Revised OMB A-133 requires the Contractor to provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited. The Schedule of State Financial Assistance must be included. Both schedules include* Grantor agency name Federal agency Federal program name Other identifying agreement numbers Catalog of Federal Domestic Assistance (CFDA) number Grantor agreement number Total award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by COMMERCE C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN. Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 42525 Olympia WA 98504-2525 • Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. • Copy of the Management Letter COMMERCE / Local Government Agreement for Federal Funds 2 GENERAL TERMS AND CONDITIONS 7. 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: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. 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; 3. 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 4. 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. B. Where the Contractor is unable to certify to any of the statements in this Agreement, the Contractor shall attach an explanation to this Agreement. C. 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, unless authorized by COMMERCE. D. 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: LOWER TIER COVERED TRANSACTIONS a) 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. b) 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. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 8. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and COMMERCE / Local Government Agreement for Federal Funds 3 GENERAL TERMS AND CONDITIONS 3. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law "Personal Information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Agreement whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 9. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 10. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not produced under the Agreement, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Nlaterials furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. COMMERCE / Local Government Agreement for Federal Funds 4 GENERAL TERMS AND CONDITIONS 11. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 12. DISPUTES Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Agreement number; and • be mailed to the Director and the other party's (respondent's) Agreement Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract, or other source. 14. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW ) and any other applicable state or federal law related to ethics or conflicts of interest. 15. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 16. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, all other agencies of the state and all officers, agents and employees of the State, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Agreement. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by COMMERCE / Local Government Agreement for Federal Funds 5 GENERAL TERMS AND CONDITIONS the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, COMMERCE, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the State and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Agreement are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 18. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 19. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws, Regulations and Circulars (Federal) A. Audits Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." B. Labor and Safety Standards Convict Labor, 18 U.S C. 751, 752, 4081, 4082. Drug -Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq Work Hours and Safety Act of 1962, 40 U.S.0 327-330 and Department of Labor Regulations, 29 CFR Part 5. C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336 Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. COMMERCE / Local Government Agreement for Federal Funds 6 GENERAL TERMS AND CONDITIONS Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102 Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U S C. 631 Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1. Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.0 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR 570 607(b)). D. Office of Management and Budget Circulars Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations, OMB Circular A-122 (if the Contractor is a nonprofit organization). Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102 (if the Contractor is a local government or federally recognized Indian tribal government) Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. E. Other Anti -Kickback Act, 18 U.S C 874; 40 U.S.C. 276b, 276c; 41 U.S.0 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501-8. Internal Revenue Service Rules, August 31, 1990. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 provides that contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non -Supplanting Federal Funds. Section 8 Housing Assistance Payments Program. F. Privacy Privacy Act of 1974, 5 U.S.C. 552a. COMMERCE / Local Government Agreement for Federal Funds 7 GENERAL -TERMS AND CONDITIONS Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264 C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW D. Discrimination -human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. G. Open public meetings act, Chapter 42.30 RCW H. Public records act, Chapter 42.56 RCW. I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 20. (LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 21. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further Agreements with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42 17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this agreement, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE's review upon request; or The Davis Bacon Act, 40 U.S.0 276a -276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at COMMERCE / Local Government Agreement for Federal Funds 8 GENERAL TERMS AND CONDITIONS rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Agreement. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Agreement. The Contractor's procurement system should include at least the following: 1. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority-owned businesses. d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. f Some form of price or cost analysis should be performed in connection with every procurement action. g. Procurement records and files for purchases shall include all of the following: 1) Contractor selection or rejection. 2) The basis for the cost or price. 3) Justification for lack of competitive bids if offers are not obtained. h. A system for Agreement administration to ensure Contractor conformance with terms, conditions and specifications of this Agreement, and to ensure adequate and timely follow-up of all purchases. 4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds from this Agreement to enter into a sole source Agreement or an Agreement where only one bid or proposal is received when value of this Agreement is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or COMMERCE / Local Government Agreement for Federal Funds 9 GENERAL TERMS AND CONDITIONS concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 27. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 28. RECAPTURE In the event that the Contractor fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of this Agreement, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. 29. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 30. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue 31. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, COMMERCE may terminate the Agreement under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Agreement may be amended to reflect the new funding limitations and conditions. 32. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable 33. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Agreement if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. COMMERCE / Local Government Agreement for Federal Funds 10 GENERAL TERMS AND CONDITIONS Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 34. SURVIVAL The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 36. TERMINATION FOR CAUSE / SUSPENSION In event COMMERCE determines that the Contractor failed to comply with any term or condition of this Agreement, COMMERCE may terminate the Agreement in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, COMMERCE upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective -action time period, COMMERCE may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Agreement. Failure by the Contractor to take timely corrective action shall allow COMMERCE to terminate the Agreement upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE determines that the Contractor did not fail to comply with the terms of the Agreement or when COMMERCE determines the failure was not caused by the Contractor's actions or negligence. If the Agreement is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement (i e , competitive bidding, mailing, advertising, and staff time). 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, COMMERCE shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 38. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor shall: A. Stop work under the Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Agreement; COMMERCE / Local Government Agreement for Federal Funds 11 GENERAL TERMS AND CONDITIONS C. Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of COMMERCE, and D. Preserve and transfer any materials, Agreement deliverables and/or COMMERCE property in the Contractor's possession as directed by COMMERCE. Upon termination of the Agreement, COMMERCE shall pay the Contractor for any service provided by the Contractor under the Agreement prior to the date of termination. COMMERCE may withhold any amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against potential loss or liability resulting from the termination COMMERCE shall pay any withheld amount to the Contractor if COMMERCE later determines that loss or liability will not occur. The rights and remedies of COMMERCE under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by Authorized Representative of COMMERCE. COMMERCE / Local Government Agreement for Federal Funds 12 ATTACHMENT A - SCOPE OF WORK AND BUDGET Contractor: City of Yakima Contract No. 08-F6401-027 Section A: Brief Description City of Yakima is awarded $650,614 from the Neighborhood Stabilization Program (NSP) to purchase, rehabilitate and sell foreclosed homes to low, moderate and middle income households. It will use its NSP funds to remove unfit structures from approximately ten (10) blighted properties. The State of Washington designated Yakima as an area with a signficantly higher than average rate of home foreclosures and, therefore, in need of this type of emergency financial assistance. The City of Yakima will establish a program whereby it will recover the costs to remove the blight from the private property it selects in accordance with applicable state laws. The program will include plans for the use of the funds that it recovers as program income for its NSP. Upon the sell of the property, the City of Yakima will assure the continued affordability of the property in accordance with the requirements of 24 CFR 92.252 for rental units and 24 CFR 92.254 for owner -occupied units. Redevelopment of existing housing and/or the provision of new housing will comply with the minimum housing quality standards for Section 8 housing as defined in 24 CFR 982.401. Section B: Goals /Expected Results /Products Budget Category Goals / Expected Results / Products 02 - Disposition 04 - Removal of Blight 21A - General Admin. • City of Yakima will use NSP funds to redevelop approximately two (2) demolished or vacant properties (Type E NSP Eligible Use Activity). • City of Yakima will use NSP funds to remove unfit structures from approximately ten (10) blighted properties (Type D NSP Eligible Use). • City of Yakima will satisfy all requirements for the proper handling and distribution of NSP funds targeted to this project including, but not limited to, the following: • When encountering blighted properties, it will need to comply with the definitions and requirements RCW 35.80A.010 - Condemnation of Blighted Property, and RCW 35.80 - Unfit Dwellings, Buildings and Structures. • City of Yakima will adopt the Home definitions of affordable rent stipulated in 24 CFR 92.252 (a), (c) and (f), adjusted for the neighborhood Stabilization Program's 50 percent (50%) and 120 percent (120%) target populations. • Continued affordability will be ensured through deed restrictions, covenants running with the land, or other mechanisms approved by HUD, in accordance with the requirements of 24 CFR 92.252 for rental units and 24 CFR 92.254 for owner - occupied units. • Redevelopment of existing housing and/or the provision of new housing will comply with the minimum housing quality standards for Section 8 housing as defined in 24 CFR 982.401. • City of Yakima agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. City of Yakima further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 1 ATTACHMENT A — SCOPE OF WORK AND BUDGET Contractor: City of Yakima Contract No. 08-F6401-027 Section C: Work Activities, Expectations and Budget I Budget Category Project Activities Schedule Budget Amount 02 - Disposition • City of Yakima will award a grant to local non-profit agencies to use its NSP funds to acquire and rehabilitate approximately two (2) foreclosed properties in order to sell it to households who earn less than fifty percent (50%) of the area median household income (AMI). (Type E NSP Eligible Use Activity). • Any purchase of a foreclosed upon home or residential property must be at a discount from the current, market appraised value of the home or property. Each foreclosed -upon home or residential property must be purchased at a discount of at least one percent (1%) from the current market -appraised value of the home or property. • Within 60 days prior to an offer on the property, an appraisal must be conducted that conforms to the requirements of URA at 49 CFR 29.103, "Criteria for Appraisals". • Unless otherwise adjusted by HUD, each NSP -assisted homebuyer must receive and complete at least eight (8) hours of homebuyer counseling from a HUD -approved housing counseling agency before obtaining a mortgage and/or real estate loan. • City of Yakima must ensure that the homebuyer obtains a mortgage or loan from a lender who agrees to comply with the bank regulators' guidance for non-traditional mortgages. • If the abandoned or foreclosed home or residential property is sold to an individual as a primary residence, then such sale must be in an amount equal to or less than the cost to acquire, redevelop and/or rehabilitate such home or property as necessary to meet minimum housing quality standards • Redevelopment and/or rehabilitation activities of foreclosed, abandoned or vacant property must meet applicable laws, codes and other requirements relating to housing safety, quality and habitability. • Redevelopment and/or rehabilitation activities may include improvements to increase the energy efficiency or conservation of such homes or property or provide a renewable energy source for such homes or property. 2/18/2009 to 3/19/2013 or sooner $300,000 2 ATTACHMENT A - SCOPE OF WORK AND BUDGET Contractor: City of Yakima Contract No. 08-F6401-027 Section C: Work Activities, Expectations and Budget (continued) 02 - Disposition (continued) • In addition to the above requirements regarding acquisition of property, any redevelopment of foreclosed, abandoned or vacant property must meet applicable laws, codes and other requirements relating to housing safety, quality and habitability. 04 - Removal of Blight • City of Yakima will demolish and remove the structures from approximately ten (10) properties in order to remove blight. • City of Yakima will use its NSP funds to eliminate specific conditions of blight or deterioration as an area -wide benefit in accordance 24 CFR 570. 208 (a)(1), Criteria for National Objectives, Area -Benefit Activities. • City of Yakima will limit the use of NSP funds to just the activities involved to remove the unfit structures on the blighted property. It will not use its NSP funds to acquire the blighted property. • For each property on which NSP funds are used to remove blight, the City of Yakima will document and record how the property meets the definition of blight as stipulated in RCW 35.80A.010, Condemnation of Blighted Property. • The City of Yakima will establish an ordinance, if it does not already have such an ordinance, which meets the requirements of RCW 35.80, Unfit Dwellings, Buildings and Structures, Declaration of Purpose. • In addition to meeting the definition of blight, the City of Yakima will document and record how the structures on the property must meet the definition of unfit as established in RCW 35.80.010, Unfit Dwellings, Buildings and Structures, Declaration of Purpose. It will then proceed to remove the structures in accordance to the provisions of its ordinance and state laws. • The City of Yakima will assess the costs to remove the blight against the real property upon which the costs were incurred. In accordance with RCW 35:80.030 (1)(h), the assessment will constitute a lien against the property. The City of Yakima will make the necessary arrangements to levy the assessment and begin collection procedures within the year the blight and unfit structure(s) was removed. It will record the tax lien and place a copy of it in the written file or record of the land transaction. • The City of Yakima will treat the collection of the assessment or tax lien as program income for the Neighborhood Stabilization Program. 2/18/2009 to 3/19/2013 or sooner $318,083 3 ATTACHMENT A - SCOPE OF WORK AND BUDGET Contractor: City of Yakima Contract No. 08-F6401-027 Section C: Work Activities, Expectations and Budget (continued) 21A - General Admin. • City of Yakima will establish and maintain an administrative point of contact and perform the necessary program administration, record keeping and financial management procedures necessary to comply with federal and state CDBG and NSP requirements. • City of Yakima will compile, complete, and submit quarterly NSP progress reports along with other necessary CDBG reports, as requested. • City of Yakima will execute a contract with CTED, submit payment vouchers and, at the end of the project, a Grantee Closeout Performance Report. • City of Yakima will conduct an environmental review and prepare environmental review record; and monitor program progress and compliance with applicable federal and state regulations. • City of Yakima will enter into a contract with the subrecipients of NSP funds. The contract will stipulate their respective roles and responsibilities. Subrecipient agreements must comply with applicable federal and state regulations. Contract provisions regarding residential construction and rehabilitation must include, but are not limited to, requirements for preparing bid documents, requesting federal and state prevailing wage rates, completing final design and construction plans, conducting a bid opening and selecting a qualified contractor. • City of Yakima and its subrecipients must comply and complete applicable civil rights requirements, including an affirmative marketing plan to procure necessary goods and services from minority and women business enterprises (MWBEO). It will verify that consultants are not on the federal "Excluded Parties List System" (EPLS). • After the award of any subrecipient agreement, City of Yakima will routinely and regularly monitor the contractor's progress, collect necessary construction and/or project documents, and resolve any monitoring issues. • City of Yakima will provide documentation to CTED demonstrating that it is administering the project in accordance with federal and state requirements. They must document and keep a record for each property acquired using NSP funds, and they must retain these records for at least ten years. 2/18/2009 to 3/19/2013 or sooner $32,531 4 ATTACHMENT A - SCOPE OF WORK AND BUDGET Contractor: City of Yakima Contract No. 08-F6401-027 Section C: Work Activities, Expectations and Budget (continued) 21A - General Admin. (continued) • The City of Yakima must treat the collection of receipts from deferred loans and/or the net proceeds from the sale of foreclosed properties as program income for the Neighborhood Stabilization Program. If it does not already have a program designed to distribute program income in accordance to CDBG / NSP guidelines, then it will need to create one. • Each property acquired with NSP funds must have a written file or record that includes, but not limited to, the following information: - A copy of the "NSP Voluntary Acquisition of Foreclosed Property" notice to the Owner that includes a statement that the property will not be acquired through the jurisdiction's powers of eminent domain and statement acknowledging the Owner's rights to choose not to sell the property. - A copy of the appraisal. - A copy of the written purchase offer, along with a statement regarding just compensation of the property. - A copy of the purchase contract and a financial statement detailing the settlement costs. - A copy of the recorded deed. - A copy of the recorded instruments used to assure the continued affordability of the property. - A copy of any appeal or complaint concerning a payment, together with a copy of all pertinent determinations. TOTAL: $650,614 5 ATTACHMENT A - SCOPE OF WORK AND BUDGET Contractor: City of Yakima Contract No. 08-F6401-027 Section D: Project Schedule MILESTONE # MILESTONES DUE DATE Milestone #1 CTED and City of Yakima execute a grant contract and funds become available for disbursement. September 1, 2009 or sooner Milestone #2 If the City of Yakima solicits proposals and executes grant contracts with participating non-profit organizations, then it will forward copies of the executed contracts to October 19, 2009 or sooner CTED. Milestone #3 City of Yakima will have created a program that complies with applicable state laws to remove unfit structures and recover costs. It will send a copy of its program, ordinances and/or municipal code regarding such program. December 31, 2009 or sooner Milestone #4 City of Yakima will have identified and obtained the legal authority it needs to remove unfit structures from blighted properties. It will provide CTED an inventory of the properties it plans to clean-up along with information regarding the street address for each property and the justification used to determine the structures were unfit and the property was blighted. September 18, 2010 or sooner Milestone #5 Acquire the foreclosed properties that City of Yakima intends to rehabilitate and sell/rent to eligible buyers/tenants. Provide CTED an inventory of the acquired properties with information regarding the street addresses and purchase prices for each property. September 18, 2010 or sooner Milestone #6 City of Yakima will have completed its clean-up of blighted property and certify a lien sufficient to establish the necessary authority to collect the funds expended. It will provide CTED an updated inventory that includes information regarding tax liens, or comparable financial instruments, to recover the clean-up costs. December 31, 2012 or sooner Milestone #7 City of Yakima will provides CTED a financial report that itemizes the disbursement of December 31, 2012 or sooner NSP funds, an inventory of properties assisted which includes street addresses, purchase amounts and the financial assistance provided, along with the final steps necessary to close NSP. Milestone #8 City of Yakima will prepare and submit final reports, invoices and financial statements to CTED. March 19, 2013 or sooner 6 ATTACHMENT B STATE AND FEDERAL REQUIREMENTS AND ASSURANCES In addition to laws listed in the general terms and conditions of this Agreement, the Grantee assures compliance with the following regulations as they pertain to the local project. Contact the State if you want assistance in obtaining a copy of these regulations. A. HOUSING AND COMMUNITY DEVELOPMENT 1. Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq ), commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988 (P.L. 100-430) 2. Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107) 3. The Housing and Community Development Act of 1974, as amended through 1992. Sections 109; 104 (b) 4; 104 (d); and 104 (I), which prohibit discrimination and require identification of housing and community development needs; a "residential anti - displacement and relocation assistance plan"; and adoption and enforcement of policies prohibiting the use of excessive force. 4. Title 11 and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) as amended in 1989) 5. Title IV of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831b) 6. Public Law 110-289, section 3, "Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes" (also referred to as the Neighborhood Stabilization Program), of the Housing and Economic Recovery Act, 2008 (Docket No. FR -5255-1- 01) 7. The American Recovery and Reinvestment Act of 2009 B. LABOR 1. Davis -Bacon Act, as amended (40 U.S C. 3141 et seq.) 2. Prohibition of Use of CDBG for Job -Pirating Activities, 24 CFR Part 570.482(f), revised June 2006 C. ENVIRONMENTAL AND CULTURAL 1. The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. Section 4321 et seq., and 24 CFR Part 58) 2. The Clean Air Act, as amended (42 U.S C. 7401 et seq.) 3. HUD Environmental Criteria and Standards (24 CFR Part 51) 4. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990: Protection of Wetlands (42 FR 26961 et seq.) 5. The Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.) 6.. Executive Order 11988, May 24, 197.7: Floodplain Management and Wetland Protection (42 FR 26951 et seq.) 7. Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.) 8. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq ) 9. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.) 10. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f et seq., 21 U.S.C. 349, as amended, and 40 CFR Part 149 (Environmental Protection Agency)); 11. The Federal Water Pollution Control Act of 1972, as amended, including the Clean Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251 et seq.) 12. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) 13. The Fish and Wildlife Coordination Act of 1958, as amended (16 U.S.C. Section 661 et seq.) 14. The National Historic Preservation Act of 1966 (16 U S C. 470) 15. The Archaeological and Historical Data Preservation Act of 1974 (16 U S.C. 469a-1 et seq.) 16. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 17.. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq. and 7 CFR Part 658) 18. Environmental Justice (Executive Order 12898), as amended by Executive Order 12948 19. Explosive and Flammable Operations (Section 2 of the Housing Act of 1949, as amended (42 U.S C. 1441), Section 7(d) of the Dept HUD Act of 1965 (42 U.S C. 3535(d)), Section 2 of the Housing and Urban Development Act of 1969 (42 U.S C. 1441(a)), and 24 CFR Part 51 Subpart C) 20. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949 as amended (42 U S C. 1441), affirmed by Section 2 of the Housing and Urban Development Act of 1969, P.L. No 90-448, Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C. 3535(d)), and 24 CFR Part 51 Subpart D) 21. Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by Superfund Amendments and Reauthorization Act and 24 CFR 58.5(i)) 22. Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency — 40 CFR Parts 6, 51, and 93) STATE 1. Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW 2. Prevailing Wages on Public Works, Chapter 39.12 RCW 3. State Environmental Policy Act (SEPA), Chapter 43 21C RCW 4. State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter 19.27A RCW, and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW 5. Interlocal Cooperation Act, Chapter 39.34 RCW 6. State Environmental Policy Act (SEPA), Chapter 43.21(C) RCW 7. Noise Control, Chapter 70.107 RCW 8. Shoreline Management Act of 1971, Chapter 90.58 RCW 9. Governor's Executive Order 89-10, December 11, 1989: Protection of Wetlands, and Governor's Executive Order 90-04, April 21, 1990: Protection of Wetlands Mr. Michael A. Morales Deputy Director of Yakima 129 North Second Street Yakima, WA 98901 Dear Mr. Morales: 1 am pleased to inform you that the Department of Community, Trade and Economic Development (CTED) is awarding up to $650,614 to fund Neighborhood Stabilization Program (NSP) activities in the City of Yakima. This award is contingent upon CTED's receipt of the Neighborhood Stabilization Program agreement from the U. S. Depaitment of Housing and Urban Development (HUD). This letter allows the City of Yakima to begin incurring costs as of February 18, 2009, in an amount not to exceed ten percent of the award for the following activities needed to begin your project and not requiring an environmental review: • Administration: including staffing, travel and other administrative expenses; • Preliminary environmental studies and review of 24 CFR 58.5 laws and authorities including Section 106 of the National Historic Preservation Act of 1996; • Preliminary engineering feasibility studies to the extent needed for environmental assessment; and • Subrecipient agreements or professional service contracts for any of the above activities. All eligible costs will be reimbursed by CTED after an interlocal agreement between the CTED and the City of Yakima has been formally executed and an environmental review is complete. All costs to be reimbursed must comply with applicable state and federal requirements. Costs for activities that require an environmental review cannot be incurred, nor can HUD or Non - HUD funds be committed (Refer to 24 CFR 58.22), until specific procedures required by the State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA) have been completed and the time period for public review, if applicable, has expired. MiChael'A..-KOrateS • • " 110f, Oe. tO,' set ;Oh agreerheh*as qiifOkTY: as d,„SSible and no Tater than my, I, 2009. DelayS t4.,the a1f.'.1Y00't•ittrOgi' -fth:41 agreement may lead to the rescission ofthis aWard. In the event the grant award is rescinded; the resources will be redirected to an eligible. Neighborhood Stabilization Prograna project:that is ready to proceed. I congratulate you and yOur staff for your efforts thus far. ,If you have .any questions about this letter or your award, please contact Bill Cole at (360) 725-3005 or via email at billc@cted:wa.gov. We look forward to working with you on this worthwhile project. Sincerely, ,./ren J. Larkin, Local Government t Director 'vision ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ( I For Meeting of October 20, 2009 A Resolution authorizing the City Manager to execute an agreement with the Washington State Department of Commerce accepting six -hundred fifty thousand six hundred fourteen dollars ($650,614.00) of Neighborhood Stabilization Program (NSP) SUBMITTED BY: Bill Cook, CED Director CONTACT PERSON/TELEPHONE: Michael Morales, CED Deputy Director (575-3533) SUMMARY EXPLANATION: The Washington State •Department' of Commerce has allocated $650.614.00 of to the City of Yakima for implementation of the' Neighborhood Stabilization Program (NSP). The NSP program was developed by the federal government to help relieve the local impacts of the mortgage foreclosure crisis by enabling units of local govemment to purchase and redevelop or resell foreclosed properties. Eligible activities include rehabilitation of existing structures, removal of substandard structures; and new construction on foreclosed lots for low to moderate income single family dwellings. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source (NSP) - • . s APPROVED FOR SUBMITTAL: \ City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: On October 7, 2009 the City Council Neighborhood Development Committee voted to forward the proposal to the City Council with a recommendation to approve. COUNCIL ACTION: CLOSEOUT AGREEMENT FACE SHEET Agreement Number: 08-F6401-027CA NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) Washington State Department of Commerce 1. Contractor City of Yakima 129 North Second Street Yakuna, Washington 98901 2. Contractor Doing Business As (optional) N/A 3. Contractor Representative Archie M. Matthews, Office of Neighborhood Services 112 South 8th Street, Yakima, WA 98901 Phone: 509.575.6101 Email. amatthew@ci.yaknna.wa.us 4. COMMERCE Representative Genny Matteson 1011 Plum St. SE Program Manager PO Box 42525 Phone. (360) 725-3093 Olympia, WA 98504-2525 Fax: (360) 586-8440 Genny.matteson@commerce.vva.gov 5. Grant Amount $650,614 6. Final Grant Amount $650,614 7. DeObligation $0 00 8. Agreement Funding Source Federal: Q State: ❑ Other: ❑ N/A: 9. Agreement Start Date Date of Execution 10. Agreement End Date 12/23/2034 ■ 11. Federal Funds (as applicable) Federal Agency CFDA Number 333 14.228 U S. Department of Housing and Urban 14.228 Development 12. Agreement Purpose The purpose of this Closeout Agreement is to certify the project completion and to close out the Neighborhood Stabilization Program 1 (NSP1) Agreement Number 08-F6401-027 This Closeout Agreement shall set out the conditions that the Contractor needs to meet beyond the closeout of the NSP1 Agreement Number 08-F6401-027 COMMERCE, defined as the Department of Commerce, and the Contractor acknowledge and accept the terms of this Closeout Agreement and its Attachments as an amendment to the Agreement Number 08-F6401-027 They executed this Closeout Agreement on the date of the last signature below (Date of Execution). The rights and obligations of both parties to this Closeout Agreement are governed by this Closeout Agreement and the following other documents incorporated by reference. Attachment A - NSP1 Closeout Performance Report and Attachment B - Program Income Reuse Plan. A copy of this Closeout Agreement shall be attached to and made a part of the original Agreement Number 08-F4601-027 between COMMERCE and the Contractor FOR TOE CONTRACTOR FOR COMMERCE //IV Signature F, jn " M (/// Mire / ( K. BARKLE , Assistant Director, Local Government Division 711-S //0/ b Pnnt Name '/aZmQ, `", L/r!nap Date APPROVED AS TO FORM ONLY 7t Day of ,Tune, 2012 Title /(t/j 1 1 l 1 ii g Date GThis Na,°,'! - i,;241 i4!17e' Signature on File CITY CONTRACT NO: 8 - d ,0OGj.. /yam, Sandra Adix, Assistant Attorney General RESOLUTION Department of Commerce Neighborhood Stabilization Program 1 Page 1 Closeout Amendment 08-F6401-027CA CLOSEOUT AGREEMENT TERMS AND CONDITIONS Agreement Number: 08-F4601-027CA NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) Washington State Department of Commerce The purpose of this Closeout Agreement is to acknowledge that the project has been certified complete and the final grant amount for the Neighborhood Stabilization Program 1 (NSP1) Agreement Number 08-F4601-027 has been adjusted, if necessary, as reflected on the Closeout Agreement Face Sheet. Washington State Department of Commerce (hereinafter referred to as "COMMERCE"), and City of Aberdeen (hereinafter referred to as the "Contractor") agree to close-out NSP1 Agreement Number 08-F4601-027 and agree to the following: 1. PROJECT COMPLETE. All activities identified in the Statement of Work of NSP1 Agreement Number 08-F4601-027 are complete. 2. FINAL GRANT AMOUNT. Any NSP1 funds not disbursed before the date this Closeout Agreement is executed shall be returned to COMMERCE. The final amount of the NSP1 grant shall be $650,614 3. NSP1 CLOSEOUT PERFORMANCE REPORT. The Contractor submitted to COMMERCE, to COMMERCE's satisfaction, a NSP1 Closeout Performance Report accounting for all the NSP1 activities and beneficiaries resulting from the NSP1 project, herein included as Attachment A to this Closeout Agreement. 4 FINAL PUBLIC HEARING. On March 17, 2015 the Contractor held a public hearing to solicit public comments and review the performance of the completed NSP1 project, in accordance with 24 CFR 570.486. 5. SINGLE AUDITS. If the Contractor expended or accrued $500,000 or more in federal funds in a fiscal year during the term of NSP1 Agreement Number 08-F4601-027, the Contractor submitted to COMMERCE single audits conducted in accordance with OMB Circular 133 for each applicable year. If any of the Contractor's NSP 1 sub -recipients expended or accrued $500,000 or more in federal funds in a fiscal year during the term of NSP1 Agreement Number 08-F4601-027, the Contractor has reviewed to the Contractor's satisfaction the single audits of such sub-recipient(s), which were conducted in accordance with OMB Circular 133 for each applicable year. 6. CONTINUED AFFORDABILITY. The Contractor will ensure the continued affordability of all the properties assisted with NSP1 funds, in accordance with the requirements of 24 CFR 92.252 for rental units and 24 CFR 92.254 for owner -occupied units, and in accordance with NSP1 Agreement Number 08-F4601-027. 7. AD €>I ITIONAL DATA AND REPORTING. Should the U.S. Department of Housing and Urban Development (HUD) or COMMERCE request additional information or data about the NSP1 project and/or use of NSP1 funds, the Contractor agrees to provide such information or data within 30 Department of Commerce Page 2 Closeout Amendment Neighborhood Stabilization Program 1 08-F6401-027CA calendar days from the date the Contractor receives the request. If required, the Contractor agrees to submit to HUD or COMMERCE penodic reports and financial data related to program income and/or revolving loan funds generated from the use of the NSP1 funds, as applicable. 8 RECORDS RETENTION. As described in NSP1 Agreement Number 08-F4601-027, the Contractor will retain all records related to the NSP1 project for a period of six (6) years from the date this Closeout Agreement is executed. This includes but is not limited to financial reports, property acquisition documents, rehabilitation or construction related documents. If any litigation, claim or audit is started before the expiration of the six (6) year penod, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 9 PROGRAM INCOME REUSE PLAN. The Contractor submitted to COMMERCE a Program Income Reuse Plan, which was approved by COMMERCE, and which is included as Attachment B to this Closeout Agreement. The Contractor agrees to comply with all applicable federal regulations and requirements for the administration and use of program income, as defined in 24 CFR 570.500(a) and as stipulated in 24 CFR 570.504 All program income received by the Contractor shall be solely used for NSP1 eligible activities, as described in the Statement of Work of NSP1 Agreement Number 08-F4601-027 and in the attached Program Income Reuse Plan. The Contractor agrees that no more than ten percent (10%) of program income received can be used to pay for administrative costs. Note: At least 25 percent (25%) of any program income received by the Grantee or its subrecipients after October 18, 2010, must be used to benefit persons with incomes at or below 50 percent (50%) of the median household income. The requirements of this section shall survive the termination of this Closeout Agreement. In the event that the Contractor fails to comply with the requirements for the administration and use of program income contained in this Closeout Agreement (including but not limited to the attached Program Income Reuse Plan), in the applicable federal regulations, or in the NSP 1 Agreement Number 08-F4601-027, COMMERCE reserves the nght to recapture funds in the amount of the non- compliance in addition to any other remedies available at law or in equity. 10. SURVIVAL. The terms, conditions, and warranties contained in this Closeout Agreement that by their sense and context are intended to survive the termination of this Closeout Agreement shall so survive Department of Commerce Page 3 Closeout Amendment Neighborhood Stabilization Program 1 08-F6401-027CA ATTACHMENT A: NSP1 CLOSEOUT REPORT Agreement Number: 08-F4601-027CA NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) Washington State Department of Commerce Department of Commerce Closeout Amendment Neighborhood Stabilization Program 1 08-F6401-027CA Department of Commerce innovation is in our nature. Neighborhood Stabilization Program 1 (NSP1) Closeout Performance Report for Contract Number 08-F6401-027 _uN 1 4 2016 Department of Commerce 1. NSP1 Grantee: City of Yakima 2. Address: 129 North Second St. Yakima, WA 98901 3. NSP1 Project Period: 2/18109 to 3/17/15 4. Date of Final Public Hearing: 3/17/15 5. Name of Chief Administrative Official: Jeff Cutter 6. Title of Chief Administrative Official: interim City Manager The chief administrative official of the NSP1 grantee jurisdiction certifies that: ® To the best of their knowledge and belief, the data provided in this report is true and correct as of the date of signing below; • Records supporting the information provided in this report are being maintained for a minimum of six (6) years from the NSP1 project completion date and will be made available upon request; • The NSP1 project funded by this grant has met the Community Development Block Grant (CDBG) National Objective for NSP, which is benefiting low-, moderate-, and middle-income individuals or families (as defined in FR -5255-N-01). • Should U.S. Department of Housing and Urban Development or Department of Commerce request additional information or data about this NSP1 project, the NSP1 grantee agrees to provide such information or data within 30 calendar days from the date the NSP1 grantee receives the request. In the event the audits disclose disallowable costs, the Department of Commerce shall retain the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit. Signature: Date: Chi'ministrative Official NSP 1 Closeout Performance Report Page 1of12 TABLE OF CONTENTS TABLE OF CONTENTS. 2 GENERAL INSTRUCTIONS 2 PROJECT SUMMARY 3 FINANCIAL SUMMARY & PROPERTY REPORT 4 PROGRAM INCOME REPORT 5 BENEFICIARY SUMMARY REPORT 6 BENEFICIARY SUMMARY INSTRUCTIONS 7 CONTRACT AND SUBCONTRACT ACTIVITY 8 HUD'S "CONTRACT AND SUBCONTRACT ACTIVITY' FORM INSTRUCTIONS 9 LABOR STANDARDS COMPLIANCE REPORT 11 STANDARD FORM 425 12 GENERAL INSTRUCTIONS This Closeout Performance Report is designed to provide a format for the NSP1 grantee to document project completion in compliance with U.S. Department of Housing and Urban Development (HUD) funding requirements and to certify that the NSP1 project was completed in compliance with the NSP1 contract between the NSP1 grantee and Department of Commerce (Commerce). Cover Page & Certification: • Items 1, 2, 5, and 6 on the cover page are self-explanatory. • Item 3: Please enter the time frame of your NSP1 project The start date is the execution date of your NSP1 contract (the date Commerce signed the contract). The end date is listed on your NSP1 contract cover sheet, or on the most recent amendment If your project was completed prior to this end date, please enter the actual date on which the project was completed. • Item 4: Please insert the date of the required final public hearing. According to the NSP1 contract (Section 7. Closeout), the NSP1 grantee must hold a final public hearing to review the performance of the NSP1 project. Project Summary: In 500 words or Tess, describe your NSP1 project. This summary will help inform the public or the legislature about your NSP1 program. Financial Summary & Property Report: Please completely fill -out the Excel spreadsheet that was sent to you together with this Closeout Performance Report. For convenience, some columns have instructions: hover over the column headings. When complete, replace page 4 with a printout of the completed Excel spreadsheet. If you are uncertain what data to include, please contact your Commerce project manager. Program Income Report: Please check one answer on each of the two questions - Yes or No. Please contact your Commerce project manager if you have questions. Beneficiary Summary Report: This information is required by HUD_ Please contact your Commerce project manager if you have questions. Contract and Subcontract Activity Form and Standard Form 425: These forms are required by HUD and have their own instructions. Please contact your Commerce project manager if you have questions. Labor Standards Compliance Report: This form must be completed and SIGNED for construction projects. Complete this report for your entire NSP1 project. If Your NSP1 project did not include construction and you believe that this report is not applicable to your project please check the appropriate box at the top of the page. Please contact your Commerce project manager if you have questions. NSP1 Closeout Performance Report Page 2 of 12 PROJECT SUMMARY NSP1 Grantee: YAKIMA Contract #: 08-F6401-027 Name and Phone of Person Completing This Report: Archie Matthews, (509) 575-6101 Date: 5120116 Please write a brief summary of your NSP1 program. This summary will help inform the public or legislature about your NSP1 project (e.g., similar to a stand-alone short newspaper article). Please start by describing the "problem" and your need for neighborhood stabilization, and then highlight what was accomplished with the NSP1 grant. It should include at a minimum: 1. the amount of NSP1 funds invested in the project 2. the amount of other funds invested in this project; 3. the amount of any program income received and invested back into the project,, 4. the involvement of any subrecipients/housing organizations/nonprofits/developers; 5. the number of foreclosed or abandoned properties/housing units recovered; 6. the type(s) of assistance provided (downpayment, rehabilitation, construction, etc.); 7. the type of housing provided (resale, rental, public facilities, etc.); 8. the number of low-, moderate-, and middle-income families that benefited from this project. PROJECT NAME: Neighborhood Stablization Program SUMMARY (max. 500 words or half a page): As with much of the country, the City of Yakima was experiencing an affordable housing shortage, with a recent rise in "foreclosure" and/or "Distressed" properties as defined by the Department Housing and Urban Development . In 2009, the City of Yakima was awarded $650,614.00 of NSP funds. With these funds the City of Yakima purchased five (5) parcels, subdivided those into thirteen (13) lots. On those thirteen lots, using approximately $1,950,000 of HOME Investment funds for new construction, and approximately $80,000 of CDBG to fund the infrastructure to eight of those homes. Thus thirteen new single family homes were constructed in partnership with two qualified Community Housing Development Organizations, Opportunities Industrialization of Washington(OIC) and Yakima Valley Habitat for Humanity. Twelve of those homes were sold to qualified low to moderate income first time homebuyers, with the Habitat for Humanity newly constructed dwelling being sold to a Low income first time homebuyer. The rehabilitated single family dwelling was granted to Habitat for humanity by the City of Yakima and after being rehabilitated, was sold to a qualified Low Income First time home buyer. The City of Yakima does not expect to earn NSP program income until one of the houses sell. If the City of Yakima does earn NSP program income, the City of Yakima plans to work with Habitat for Humanity (as a developer) to utilize these funds on NSP eligible costs. NSP1 Closeout Performance Report Page 3 of 12 FINANCIAL SUMMARY AND PROPERTY REPORT DRGR Activity 5 P g rtvAddress Nem Grantee Responsible OrganlsatWN Non -Profit Total NSP1 Oram Funds Spanton Tilts Properly (Purohasse, Rehaboic, ACQUISITION DISPOSITION DROR PERFORMANCE MEASURES Resale Rental Ofhor Uses FernsHeeded Household (1 oro) I cill 0 i .,-,- ° ob 1.1 oe F Racial Categories (enter 1$82111••gold mint Dale Purehase Price Appraised Vehra Appraisal Data Mc. % Housing Units or gale Resale Pries Clotting Costs PI Received Singia- Family Units RAI- Family Unita Trans). Clonal or Group Homes Pubfo Fed Ilties Unita Land Trust Units DPA E c !� 8 g 1e. 8 E I s a ` t 1 2 b t g 4 i / Si .i u 88.8027 18246VoakarAve Yakima '1. 47,620,48. 4129710 $ 73,800 4 02,000 12110108 10.00% 1 $ 137,000 BD 1 4 4 0&8027 1822SVoelker Ave Yakima $ 47,630,48 Voekor 1 i 137,000 80 0 4 4- 07.8027 202 South BIh 5l (HFH) YakimaHabea Yakima tfar Humanity 3. Bi,O... ... 1115170 $ $8,600 1 46,000 118/10 14.44% 1 $ 90,000 50 1 2 2 Lukehart Property 6/16/10 5 418,906 8 418,178 4/10/10 1.00% - - 07-8027 213 E "S" Street Yakima $ :400;40' wow — 1 5 132,000 ,- 80 0 4 4 08.8627 214 E'I" Street (HFH) Yakima Habgel for Humanity '.i,� '4�,'F8,2.;78� Luketen •1rFti — 1 $ 114,002 e0 1 4 4 07-6027 216 E'6" Street Yakima $ ..4.418`. Lutwn •- 1 $ 132,000 80 0 2 2 07.8027 218E"T"Street Yakima :is :4#9:163)8. LiaMiab -- 1 $ 130,000 80 0 2 2 07-8027 218 E "T" Street Yakima li: ,41,9;152:18' Luatloft -- 1 $ 136,600 80 0 0 1 07.0027 220 0'7' Street Yakima '4. 43165 89, /Aetna — 1 5 130,000 60 0 2 2 07-8027 222 E "7' Street Yakima '$40;Y82.111 Luteen — 1 6 130,000 80 0 3 3 07.8027 308 E `8' Street Yakima 4' -41.44.10. tunnel — 1 $ 132,0(10 80 0 4 4 07-8027 307E "S" 6hse1 Yakima '7 416:10; wkmwt — 1 $ 14000 00 0 3 3 07-8027 1802 N. 4111 Street Yakime 5' .43,482.1.8, Wool -- 1 5 132,000 80 1 1 1 Program AdmSNstration $ :55,62.e.BT.,j - - 9 - NSP1 Total Draws i 650,614.42 Total HU by Dlepoeitom Total HU Recovered/gestated Type 13 $ - 0 0 0 0 0 0 4 35 36 0 0 0 0 0 13 NSP1 (3rani,4MI$yd NSP1'.Tgtp) glees. PT° m)1ilt:aru R6belysd Program inclxne.8peni: Pinisam'inoaia Placid In an ALP, NaP1914nt Bel#F9b * Pfojeet p6so01t4 '1 A: <•• ENTER YOUR NOPI GRANT AWARD ENTER THE TOTAL PI SPENT TO DATE <_ ENTER THE TOTAL Pf PLACED IN THE FRP if your hrhol balanoe le not60, please contact the Commerce project manager before subm5are this CIowa Performance Report. XNSP1 Total Draws consistent wtih DROR (HUD) ��JJ 0 Program Income received and spent oonnlstent with DROR (HUD), If applicable ❑ RLF approved by Department of Commerce prior to protect being closed, if applicable R DEPARTMENT OP COMMERCE'S USE ONLY Verified by: ' A parson of Hispanic ethnicity can also be considered es being iron a racial category. Race Is separate from ethnicity and every person (regam3ess of their ethnidty) should counted once in a single race or a mold -race group. •' The Revolving Loan Fund must have Department of Commerce's approval before int. NSP1 project can be dosed, NSP1 Closeout Performance Repgt PROGRAM INCOME REPORT NSP1 Grantee: YAKIMA Contract #: 08-F6401-027 Name and Phone of Person Completing This Report: Archie Matthews Date: 05/20/16 WILL THIS PROJECT GENERATE PROGRAM INCOME IN THE FUTURE? ❑No ►Yes Please check only one: Yes or No. If you checked "Yes,' you may be contacted in the future for more information and for reporting on program income generated and expended. The program income generated as a result of this NSP1 project must be managed and expended in accordance with 24 CFR 570.504. WILL PROGRAM INCOME BE PLACED IN AN APPROVED REVOLVING DYes /1 No LOAN FUND (RLF)? Please check only one: Yes or No. If you checked "Yes," the RLF must have been approved by Department of Commerce before the completion of this NSP1 project. The RLF must be maintained and managed in accordance with 24 CFR 570.500(b). More information about program income and revolving loan funds: • 24 CFR 570.504 (Program Income) • 24 CFR 570.500(b) (Revolving Loan Fund) • NSP Policy Alert! 'Program Income in the Neighborhood Stabilization Program,' dated July 13, 2011. NSP1 Closeout Performance Report Page 5 of 12 BENEFICIARY SUMMARY REPORT NSP1 Grantee: YAKIMA Contract #: 08-F6401-027 Name and Phone of Person Completing This Report: Archie Matthews Date: 05/20/16 For 1, 2, and 3 below, count persons and ensure that the totals match. For 4 and 5, count households. NSP Activity Type Type A Type B Type B* Type D Type E Type E* DRGR Activity Number 1. Total Persons Benefiting 36 2. Ethnic Breakdown (persons) Hispanic/Latino 35 Non-Hispanic/Latino 1 Total by Ethnicity 36 3. Racial Breakdown (persons) White 36 Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander American Indian/Alaskan Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi -Racial Unknown Total by Race 36 4. Low, Moderate, Middle Income Breakdown (households) Low Income (O-50% AM[) 2 Moderate Income (51-80% AMI) 11 Middle Income (81-120% AMI) Total LMMI Served 13 5. Group Breakdown (households) Female -Headed Households 4 Disabled/Special Needs Households Homeless Households Total Served by Group 4 NSPI Closeout Performance Report Page 6 of 11.2 BENEFICIARY SUMMARY INSTRUCTIONS HUD requires this information for your NSP1 project For 1, 2, and 3 below, count persons and ensure that the totals match. For 4 and 5, count households. 1. Total Persons Benefiting Enter the total number of persons who benefited from your NSP1 project. 2. Ethnic Background Every person should be counted as belonging to one of these two groups and everyone should be counted only once. Please note that Hispanic persons may include people from Puerto Rico, the other Caribbean islands, Mexico, Central and South America, and other locations that share a cultural heritage linked to the Spanish language. There are many different ethnic groups, but Hispanic is the only ethnic group being tracked by HUD at this time. 3. Racial Breakdown A person of Hispanic ethnicity can also be considered as being from any of the racial categories listed in this section. Race is separate from ethnicity and every person (regardless of their ethnicity) should be counted once in a single race or a multi -race group. 4. Low, Moderate, Middle Income Breakdown Enter the number of low, moderate, middle income households. 5. Group Breakdown Please provide the number of households that fit within the groups listed. NSP 1 Closeout Performance Report Page 7 of 12 CONTRACT AND SUBCONTRACT ACTIVITY U.S. Department of Housing and Urban Development Public Reporting Burden for this collection of information is estimated to average ,50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing information is voluntary HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number. Executive Order 12421 dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise cone' not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents, HUD generally discloses this data only in response Privacy Act Notice - The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et Code of Federal Regulations. 11 will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law. 1, Grantee/Project Owner/Developer/Sponsor/Bullder/Agency Check If: 2. Location (City, State, ZIP Code) City of Yakima, Office of Neighborhood Development PHA ❑ Yakima, WA, 98901 iHA ❑ 3a. Name of Contact Person Archie Matthews 3b. Phone Number (Including Area Code) 509-575-6101 4. Reporting Period 02/18/2009-03/17/2015 5. Program Code (Not applicable for CPD programs.) see explanation of codes at bottom of page. N/A Use a separate sheet for each program code. Grant/Project Number or HUD Case Number or other Identification of property, subdivision, dwelling unit, etc. 7a. Amount of Contract or Subcontract 7b Type of Trade Code (Sea below) 7c Contractor or Subcontractor Business Racial/Ethnic Code (See below) 7d. Woman Owned Business (Yes or No) 7e. Prime Contractor Identification (ID) Number 7f. Sec. 3 7g. Subcontractor Identification (ID) Number 7h, Sec, 3 71, Contractor/Subcontractor Name 7j. Name Street CPD: 1 = New Construction 2 = Education/Training 3 = Other 7c: Type of Trade Codes: 1 = New Construction 2 = Substantial Rehab. 3 = Repair 4 = Service 5 = Project Mangt. 6 = Professional 7 = Tenant Services 8 = Education/Training B = Arch./Engrg. Appraisal 0 = Other 7d: Racial/Ethnic Codes: 1 = White Americans 2 = Black Americans 3 = Native Americans 4 = Hispanic Americans 5 = AslanlPadfic Americans 8 = Hasidic Jews 5: Program Codes (Complete for Hous 1 = AR insured, Including Section 8 2 = Flexible Subsidy 3 = Section 8 Noninsured, Non -HFC 4 = Insured (Management • Previous editions are obsolete. NSP 1 Closeout Performance Report HUD'S "CONTRACT AND SUBCONTRACT ACTIVITY" FORM INSTRUCTIONS This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Fomi HUD - 2516 is to be completed for public and Indian housing and most community development programs. Form HUD -60002 is to be completed by all other HUD programs including State administered community development programs covered under Section 3. A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low- and very low- income residents of the metropolitan area (or nonrnetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston -Gonzalez National Affordable Housing Act. The terms "low-income persons' and "very low-income persons' have the same meanings given the terms in section 3(b)(2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked In item 4 on the front. Complete item Th. only once for each contractor/subcontractor on each semi-annual report. Enter the prime contractor's ID in item 7f. for all contracts and subcontracts. Include only contracts executed during this reporting period. PI-iAs/IHAs are to report all contracts/subcontracts. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number. Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B -32 -MC -25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/ subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51 % of the business. When 51 % or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided_ the respective 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7g. Section 3 Contractor. Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs. 71. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. Public Housing and Indian Housing Programs PHAs/THAs are to report all contracts/subcontracts. Include only contracts executed during this reporting period. 1. Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report. Check box as appropriate. 3. Contact Person: Same as ftem 3 under CPD Programs. 4. Reporting Period: Check only one period. 5. Program Code: Enter the appropriate program code. 7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned. 7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs. 7c. Type of Trade: Same as item 7c. under CPD Programs. 7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor identification (ID) Number: Same as item 7h. under CPD Programs. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. LABOR STANDARDS COMPLIANCE REPORT x NSP1 grantee certifies that federal labor standards do not apply to this NSP1 project (the project did not include construction work or construction contracts in excess of $2,000, OR the project involved rehabilitation of residential property containing fewer than 8 housing units) This From Must Be Used for Restitution (Underpayments) of $.00 to $999.99 (See Federal Labor Standards Handbook 1344.1, Paragraph g., page 3-15, for amounts totaling $1,000 or more) Agency Name and Address: The City of Yakima Office of Neighborhood Development Services Description of Work: Land Acquisition to include Rehabilitation of one residential dwelling HUD Program or Source of Funds: NSP1 Contract # 08-F6401-027 Prime Contractor: The City of Yakima Contract Amount: $ Pre -Construction Conference Date: Location: Federal Labor Standards Provisions Included in Specs: http:l/www.hud.gov/olfces/admlhuddips/formstrles/4O10.pdf Wage Determination Included in the Specs: Number: Number of Modfications: Are Contractor(s) Payroll Certifications Submissions Current & Complete? Number of Construction Wage Interviews (HUD —11) Completed: Number of Trades Interviewed: Were Any Violations Discovered and Resolved? Number: Number of Employees Involved: Number of Subs Involved: Total Amount of Underpayments: $ Contract Work Hours (overtime underpayments): & Safety Standards Act Briefly Describe Any Labor Standards Complaints & Resolutions: Is any contractor retainage held at this time? Amount: $ SUBCONTRACTORS) WHO WORKED ON THIS PROJECT Name Address Contract Amount Type of Work $ Note: Please attach more pages, if needed, for any additional information. 1 CERTIFY TO THE BEST OF MY KNOWLEDGE THAT ALL LABORERS AND MECHANICS EMPLOYED ON THIS CONSTRUCTION CONTRACT WERE PAID IN ACCORDANCE w1TH THE LABOR PROVISIONS, EXCEPT AS NOTED. THERE ARE NO OUTSTANDING OR UNRESOLVED LABOR STAND , U DERPAYMENTS, COM TS, OR DISPUTES. Signature: -cf le Name: Archie Matthews Date: 6-19//6 Title: ONDS Manager NSP1 Closeout Performance Report Page 11 of 12 STANDARD FORM 425 FEDERAL FINANCIAL REPORT Foil 1. Federal Agency and Organizational Element to Which Report is Submitted 2. Federal Grant or Other Identifying Number Assigned by Federal Agency Page (To report multiple gra, use FFR Attachment) Oa -FU Lib) •017 1 of Pages 3. Recipierd Organization (Name and complete address Including Zip code) C7 o qatint 1 O?JD5,1J2 5. S SJ 1 fl4V/ 4a. DUNS Number �� 17.�,i 1 4b. EIN ,{� '"n. UVV l 5. Recipient Account Number or Identifying Nunnbar (To report multiple grants, use FFR Attachment) m5. 0-9;7, .0 / f 6. Report ei> Type rQuarterly r' Serpi-Annual c Annual $nal T. Basis of Accounting E Cash gAccrual 8- Projectferant Period From: (Month, Day, Year) � � ��� a.U,m 7a. (Month, Day, Yu:ar)�/l /la� 9. Reporting Period End Da`e (Month` Day. Year) �/�/� 10. Transactions Curmda5va (Ilse tines a -c for single or multiple grrantnepor5ng) Federal Cash (To report multiple grants, also use FFR Attachment): a_ Cash Receipts b. Cash Disbursements c. Cash on Nand (tinea minus b) (Use lines ci-o ibr single grant reporting) Federal Expenditures and Unobligated Balance: d. Total Federal funds authorized1) i r 1 4 1± e. Federal share of expend itures r .111v t l�Mj `4 f. Federal share of unliquidated obligations Jy9y g. Total Federal share (star of lines a and f) lie,g LL h. Unobligated balance of Federal funds cline d minus g) raj Recipient Share: I. Total recipient share required J. Recipient share of expenditures lc. Remaining recipient share to be provided (line i minute j) Program Income: I. Total Federal program income earned re. Program income.expended in accordance with the deduction alternative n. Program Income expended in accordance with the addition alternative 0. Unexpended program Income (fame 1 minus line m or fine n) 11. Indirect Expo a. Type b. Rate c. Period From Period To d. Base e. Amount Charged f. Federal Share .Ti,, ?; `+rOdt .!V. l,i. _ x. sA .t ,.;yZ•'r:1,41,,'''.,.r.; itftl';'4fiiir ''.„ j 'r a t:;: ' g. Totals: 12. Remarks Mach any expfenations deemed necessary or information req ared by Federal sponsofrngagency In compliance War gcweming legislation: 13. Certification: By signing this report I certify that it Is true, complete, and accurate to the best of my knowledge. 1 am aware that any tale e, fictitious, orfraudutent information may subject me to criminal, civB, or administrative panalities. (U.S. Code, Title 18, Section 1001) a. Typed or Printed Name and Title of Authorized Ce tifying Officip :jse-f C.r_f�ctti, ..11..17`4/^,m 4., iy rt,,1.'4#-1r,c c. Telephone (Area code, number and extension) 50('57S'0101 d. _Final',fddregs�c. 9/� /� �r� ) til e_ Z' ,r eafbr^t i'`d/1,.n. N3r 0I-' b. Signature of Authorized Certifying Official - - -I- ' e. Date Report Sulxrdttted (Month. Day, Year) 45 .i4:j A usE' ,}.±.!'/ .td:y:' ._ ; �"rr'rii;:�;'.'".;{ "t;:,:.. }'3r.•.;l:%i`t Ferm4: OMB Approval Nuttier. 0348-0081 Expiration ilea10131:2011 Paperwork Burden Statement Recording tithe Paperwork Reduction Ad, as amended, no persons am required to respond to a collection of information unless a displays avoid OMB Coniml Number. The valid 0846 control numberforthls information collection Is 0348.0061. Public reporting burden for this colledbn of information is estimated to average 1.5 hours per response, including time far reviewing instrucfuns, searching extsling data sources, gathering and maintaining the data needed, and completing and reviewing the collection of inrormatbn. Send comments ragaMing the buaen estimate or any other ,,asited at this collection of information. indudinp suggestions for redudnq this burden, lathe Office of krIananement and eudeet, Paperwork Reduction Project ( 0348-0060), Washington, DC 20503. NSl51 Closeout Performance Report Page 12 of 12 ATTACHMENT B: PROGRAM INCOME REUSE PLAN Agreement Number: 08-F4601-027CA NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) Washington State Department of Commerce Department of Commerce Closeout Amendment Neighborhood Stabilization Program 1 08-F6401-027CA Attach i ent B NEIGHBORHOOD STABILIZATION PROGRAM PROGRAM INCOME REUSE PLAN Contractor Name Contractor Address Contractor Telephone # Closeout Agreement # City of Yakima 129 North Second St, Yakima, WA 98901 Archie Matthews, Office of Neighborhood Services (509) 575-8101 08-F6401 -027CA This Program Income Reuse Plan establishes guidelines regarding policies and procedures to administer and use program income received through activities funded by the Neighborhood Stabilization Program (NSP). In this Plan, the City of Yakima or "Contractor" will detail to the Washington State Department of Commerce or "Commerce" how it plans to reuse any program income that it earns. Need for Plan Governing Reuse of NSP Program Income NSP is authorized under Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA). It falls under the heading of the Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes. HERA states that grants funded by NSP are considered Community Development Block Grant (CDBG) funds. This Program Income Reuse Plan is intended to satisfy the requirements specified in federal statute and regulation at Section 104(j) of the Housing and Community Development Act ("the Act"), as amended in 1992 and 24 Code of Federal Regulations (CFR) 570.489 (e)(3) and of Title III of Division B of HERA. These statutory and regulatory sections permit the Contractor to retain for reuse, NSP Program Income generated by eligible NSP activities pursuant to HERA. The eligible NSP activities shall benefit low-, moderate-, or middle-income (LIMIT) individuals and families, and be limited to the following activities: • Establish financing mechanisms for purchase and redevelopment of foreclosed -upon homes and residential properties, including such mechanisms as soft -seconds, loan loss reserves, and shared -equity loans for low- and moderate -income homebuyers. o Purchase and rehabilitate abandoned or foreclosed residential properties in order to sell, rent, or redevelop such homes and properties. • Demolish blighted structures • Redevelop demolished or vacant properties. Note: At least twenty-five percent (25%) of any program income received by the Contractor or its sub -recipient must be used to benefit persons with incomes at or below fifty percent (50%) of median household income. Department of Commerce Neighborhood Stabilization Program Program Income Reuse Plan Page 1 Program Income Defined Federal regulation 24 CFR 570.500(a) defines NSP Program Income. It states program income is the gross income directly generated from the use of NSP funds. Examples of program income include: • payments of principal and interest on loans made using NSP funds, • income (net of costs that are incidental to the generation of the income) from the sale or rental of real property that has been acquired, constructed or improved with NSP funds and that is owned (in whole or in part) by the participating Jurisdiction or subrecipient. General Administration (GA) Cost Limitation The Contractor may use up to ten percent (10%) of NSP Program Income received for general administrative costs. Cash Management The accounting and financial management system used to manage program income must comply with generally accepted accounting principles. Accounting procedures must demonstrate that the Contractor used NSP program income solely for NSP eligible activities. The annual financial statements must present the financial position of the program income account and the results of its operations. Note: If program income account balances are held in an interest bearing account, then any interest earned on the account must to remitted back to HUD. Reporting Subrecipients will submit to Commerce an annual Program Income Report (for the calendar year) by January 15th of the following year (unless otherwise directed by Commerce) This Report will detail program income revenues and expenditures. Commerce will incorporate this program income information into the State's Annual Program Income report. Federal Overlay Compliance The Contractor must ensure that the use of NSP Program Income complies with all federal overlay requirements including, but not limited to: o citizen participation e environmental review • equal opportunity ® Section 3 employment ® lead-based paint ® labor standards • acquisition and relocation ® procurement ® continued affordability ® maintenance of adequate accounting & recordkeeping systems Department of Commerce Neighborhood Stabilization Program Program Income Reuse Plan Page 2 DETAILS OF PROGRAM INCOME PLAN: The City of Yakima does not expect to eam NSP program income until one of the NSP houses sell. If Yakima does earn NSP program income, the City will either work with Habitat for Humanity (as a developer) to utilize these funds on NSP eligible costs or if allowed by HUD, transfer the NSP program income into its Community Development Block Grant (CDBG) program to be used on CDBG eligible costs. Revising This Plan The Contractor has the authority to revise this document with a properly noticed Council/Board public hearing, board resolution, and acceptance by Commerce. The Contractor must send any proposed revisions to their Program Income Reuse Plan to Commerce for review and approval. Then the Contractor's governing board must approve the revised plan. They will need to conduct a public hearing prior to adopting it. Proof of publishmg a public hearing notice, along with a copy of the resolution or ordinance showing the adoption of the revised plan, must be submitted to Commerce. SIGNA O ERTIFYING OFFICIAL: Cliff Moore, City Manager Vile/Hp Date TITLE OF CERTIFYING OFFICIAL: Accepted and Certified. G :;:--42.0 l MARK K. BARKLEY, ate D Assistant Director, Local Government and Infrastructure Division Department of Commerce Neighborhood Stabilization Program Program Income Reuse Plan Page 3 Department of Commerce Innovation is in our nature. Neighborhood Stabilization Program (NSP) Guidelines for Program Income and Revolving Loan Funds Edition Date: January, 2013 Many of Washington's NSP Subrecipients generate Program Income. With just a few exceptions, these Subrecipients will retain their NSP Program Income, even after their grant agreements with the Washington State Department of Commerce are closed out. The use of this Program Income must comply with NSP and CDBG regulations. These guidelines document and address some unique issues or questions pertaining to NSP Program Income. The guidelines include: 1. Definition of Key Terms 1 2. HUD Guidance on Program Income 2 3. Continued Affordability Requirements . 2 4. Program Income Prior to Grant Closeout 2 5. Program Income After Grant Closeout . 2 6 Examples of NSP Program Income 3 7. Rental Income from NSP Properties 3 8. Using NSP to Make Loan Payments 4 9. The NSP Closeout Agreement... 4 10. Reversion of Assets 5 11. Program Income Reuse Plan 5 12. Revolving Loan Fund (RLF) Administration Plan 6 13. Non-Subrecipient Administration of RLFs 7 14. Accounting Standards and Financial Statements 8 15. Revisions 8 16. Reporting to Commerce and/or HUD 8 1. Definition of Key Terms Commerce: State of Washington's Department of Commerce, which is the direct recipient of the NSP grant from HUD. NSP Subrecipient or Subrecipient: Local jurisdictions awarded an NSP grant from Commerce. NSP Guidelines for Program Income & Revolving Loan Funds Page 1 January 2013 Responsible Organizations: Non-profit organizations who received NSP funds from NSP Subrecipients to help them implement their NSP programs. Developers: An entity receiving NSP assistance, through a "developer's agreement", to acquire and rehabilitate/redevelop properties for resale or rentals. The developer must demonstrate ownership or control of the property Program Income: Income received by the Subrecipient or Responsible Organization directly generated from the use of NSP funds. 2. HUD Guidance on Program Income HUD issued an NSP Policy Alert on Program Income on July 13, 2011. Other relevant regulatory citations include: • 24 CFR 570.500: Definitions. • 24 CFR 570.504: Program Income. • 24 CFR 570.504(c): Disposition of Program Income Received by Subrecipients. • 24 CFR 570.509: Grant Closeout Procedures. • 24 CFR Part 570: Administrative Rule changes dates April 16, 2012. 3. Continued Affordability Requirements Subrecipients must ensure the continued affordability of all the properties assisted with NSP funds or with Program Income generated by NSP funds, in accordance with the requirements of 24 CFR 92.252 for rental units and 24 CFR 92.254 for owner -occupied units. 4. Program Income Prior to Grant Closeout During the term of their NSP grant agreement, Subrecipients use Program Income for NSP eligible activities. They must follow all NSP/CDBG requirements such as environmental, fair housing, affordability, labor laws, NSP purchase price discounts, appraisals, and homeownership counseling. Subrecipients must document the receipt and use of Program Income. Unless they deposit the funds into a revolving loan fund (RLF) approved by Commerce, Subrecipients must spend Program Income first before drawing down any more NSP grant funds. At least 25 percent of any Program Income received after October 18, 2010, MUST be used to benefit persons with incomes at or below 50 percent of the median household income (see HUD's NSP Policy Alert dated September 1, 2011). 5. Program Income After Grant Closeout Upon the completion and closeout of their NSP grant agreement, Subrecipients must document any Program Income generated by their NSP activities. They will treat it like NSP/CDBG funds subject to all applicable state and federal requirements governing the use of NSP and CDBG funds. NSP Guidelines for Program Income & Revolving Loan Funds Page 2 January 2013 1 A written NSP Closeout Agreement between Commerce and the Subrecipient will specify how the Subrecipient will use its Program Income after the grant closeout (see Section 11 and 12 below). This NSP Closeout Agreement will close their existing NSP grant agreement. Subrecipients may use up to 10% of Program Income received for eligible NSP administrative purposes. HUD issued Federal Guidance on NSP Closeout. This guidance requires that if a Subrecipient earns over $250,000 annually in Program Income, then 25% MUST be used to benefit persons with incomes at or below 50 percent of the median household income (see HUD's Federal Register, Vol. 77, No. 228, dated November 27, 2012). 6. Examples of NSP Program Income Common sources of NSP Program Income are: • Proceeds from the sale of properties acquired and/or improved with NSP funds. • Gross income from the use or rental of real property constructed or improved with NSP funds, less the costs incidental to the generation of that income. • Payments of principal and/or interest on loans made with NSP funds (including Habitat for Humanity loans and recovery of deferred loans). • Recapture of NSP subsidies if an assisted home is sold before the end of the affordability period. • Interest earned on loans made with NSP funds. • Repayments of liens placed on privately owned property when blighted buildings were demolished and cleaned up using NSP funds. The following revenues are NOT Program Income: • Funds collected through special assessments on public improvements (e.g., local improvement districts created to fund infrastructure improvements in subdivisions purchased with NSP funds). • Program Income (NSP & CDBG) received in a single calendar year by the Subrecipient and all its Responsible Organizations (combined) if the total amount of such income does not exceed $25,000. • Interest earned on cash advances from Commerce or funds held in a Program Income or RLF account (except for funds in approved lump -sum drawdown accounts). These interest earnings must be remitted to HUD for transmittal to the U.S. Treasury. • Revenues earned by "developers" of NSP -assisted properties. Subrecipients must implement mechanisms that prevent undue enrichment of their Responsible Organizations. 7. Program Income from NSP Rental Properties Some NSP Subrecipients and their Responsible Organizations used their NSP funds to purchase and rehabilitate rental properties. Program Income includes rental income from properties acquired using NSP funds. NSP Guidelines for Program Income & Revolving Loan Funds Page 3 January 2013 Program Income from rental properties refers to rental receipts less costs necessary to generate that income. In other words, Program Income for rental properties corresponds to the calculation of net operating income (NOI). NOI for rental properties is the difference between the total rent collected and the operational costs such as maintenance, insurance, utilities, management fees, etc. Calculation of Program Income should include all rental properties. If a Subrecipient, or their Responsible Organizations, has more than one rental property, then the calculation of program income must include the combined total of all the properties. (In addition, the Subrecipient must add this combined total of Program Income to the any other Program Income earned from CDBG funded projects.) 8. Using NSP Program Income to Make Loan Payments The calculation of rental income is calculated prior to debt service payments. HUD allows the use of Program Income to be applied to debt service under the following conditions: • Private loans were used solely to finance the costs of the approved NSP project and were made at the same time as the NSP loan (i.e., was not an existing mortgage). • The private loan was made by an external lender (not the Subrecipient). • Loan proceeds were used in accordance with all applicable NSP requirements (e.g., environmental review, labor standards, price discounts, appraisals, homeownership counseling, etc.). • Use of the Program Income for debt service payments was contemplated (as evidenced in a written budget) when the NSP project was approved by Commerce. 9. NSP Closeout Agreement At the end of the NSP program, the Subrecipient and Commerce will execute an NSP Closeout Agreement. The NSP Closeout Agreement, which closes the original NSP Agreement, will include provisions addressing each of the following: • Identification of any closeout costs or contingent liabilities subject to payment with NSP funds after grant closeout. • Identification of any unused grant funds that revert to Commerce. • Identification of any Program Income at the time of the NSP Closeout Agreement. • Description of the Subrecipients' responsibility after closeout for: - Compliance with all program requirements, certifications and assurances in using Program Income and in using any other remaining NSP funds available for closeout costs and contingent liabilities; - Use of real property assisted with NSP funds in accordance with the principles described in 24 CFR 570.505; - Compliance with the affordability requirement stipulated in 24 CFR 92.252 for rental housing units or 24 CFR 92.254 for owner -occupied housing units; - Compliance with requirements governing Program Income received subsequent to grant closeout, as described in 24 CFR 570.504(b)(4) and (5); and NSP Guidelines for Program Income & Revolving Loan Funds Page 4 January 2013 - Ensuring that flood insurance coverage for affected property owners is maintained for the mandatory period. • Federal Financial Report / Settlement Statement: Contractors must submit a Federal Financial Report using a Standard Form 425 (SF -425). This report reflects the cumulative actual federal monies and unliquidated obligations incurred, local matching contributions, and the unobligated balance of federal funds. 10. Reversion of Assets Real property acquired or improved, in whole or in part, with NSP funds must meet one of the CDBG national objectives for ten (10) years after the NSP grant closeout. Any exceptions need to be addressed and approved in the NSP Closeout Agreement. The sale of real property acquired or improved, in whole or part, with NSP funds must comply with the requirements of Public Law 110-289, Housing and Recovery Act of 2008 (HERA), section 2301, which includes but is not limited to: • Section 2301(d)(1) current market appraisal requirements to determine the statutory purchase discount and to ensure purchasers are paying below-market value for the home or property. • Section 2302(d)(3) sale amount restrictions for any abandoned or foreclosed upon home or residential property purchased, redeveloped, or otherwise sold to an individual as a primary residence to an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. • • Section 2301(f)(3) affordability requirements as stipulated in 24 CFR 92.252 for rental housing units or 24 CFR 92.254 for owner -occupied housing units or for a longer period of time if practicable. • Environmental review -according to 24 CFR 58. 11. Program Income Reuse Plan A Program Income Reuse Plan governs the Subrecipient's continuing use of Program Income. It identifies all proposed uses of Program Income. The Program Income Reuse Plan needs to indicate the Subrecipient's compliance with all applicable NSP program requirements. These include but are not limited to the following: environmental requirements; procurement; Section 3 employment; prevailing wage rates and labor standards; acquisition and relocation requirements; housing quality standards; NSP national objective requirements; continued affordability; citizen participation; equal employment opportunity, financial audits, and annual reporting. The Program Income Reuse Plan will become part of the NSP Closeout Agreement. Commerce closes the original NSP grant upon satisfactory completion,of the terms and conditions of the grant agreement. However, federal statute requires Commerce to track Program Income after the grant closeout. To that end, the Program Income Reuse Plan satisfies the federal requirement that Subrecipients obtain Commerce's advance approval of a local plan administering and reusing Program Income. NSP Guidelines for Program Income & Revolving Loan Funds Page 5 January 2013 12. Revolving Loan Fund (RLF) Administration Plan If the Subrecipient plans to create and operate an RLF, an RLF Administration Plan will become part of the NSP Closeout Agreement. This RLF Administration Plan authorizes the Subrecipient to establish and operate the RLF. In accordance with 24 CFR 570.500(b), the RLF refers to a separate fund from any other NSP funds. It has its own set of accounts that are independent of other program accounts. The Subrecipient's audited financial statement will present the RLF account separately from other funds. Once approved by Commerce, the RLF Administration Plan needs to have a specific term — typically five years. During this time, the Subrecipient must demonstrate it has the capacity to administer and implement the RLF activities. Otherwise, the Program Income generated by NSP -funded activities may revert back to Commerce. The Subrecipient's RLF must carry out specific revenue -generating activities. It is initially capitalized with Program Income received from the use of NSP grant funds, e.g., the sale of property. The RLF is a fund from which moneys are continuously expended, replenished, and again expended for the same activity. RLF Administration Plan Contents To assist NSP Subrecipients, Commerce has identified the primary elements which generally make up an RLF Administration Plan. These elements provide only a general framework to help the Subrecipient develop the RLF Administration Plan. The Subrecipient is encouraged to add their own information and details about how the RLF will be used and managed. However, the following topics must be included, at a minimum: A. Goals and Objectives: Develop a clear set of goals and objectives, which articulate in quantifiable terms, the purpose of the RLF and how Program Income will be reused. The purpose of the RLF would reflect the economic conditions and opportunities in the community that the RLF will address. B. Compliance with applicable NSP and CDBG Requirements. Indicate compliance with all the applicable NSP and CDBG provisions of the statutes, rules, regulations, and guidelines. These include but are not limited to the following: environmental requirements; procurement; Section 3 employment; prevailing wage rates and labor standards; acquisition and relocation requirements; housing quality standards; national objective requirements; continued affordability; citizen participation; and equal employment opportunity. C. Eligible Activities: Describe the specific eligible activities that the RLF will fund. Show how they relate to the community's problems or needs AND to the goals and objectives of the RLF. Ensure that the eligible activities meet all NSP and CDBG requirements. D. Eligible Applicants: Establish criteria for eligibility of applicants for the RLF. Limited RLF resources may necessitate the targeting of loans. Targeting of loans might include a specific area of need; geographic area of discrimination in lending; existing businesses versus start-up businesses; addressing specific industries affected by lending patterns; addressing discrimination against women and minorities in lending; etc. NSP Guidelines for Program Income & Revolving Loan Funds Page 6 January 2013 E. Eligible Types of Financial Assistance: Establish what types of financial assistance (loans) are to be funded, e.g., amortized loans, deferred loans, 100% financing versus public or private partnerships, etc. F. Financing Policies: Establish any minimum or maximum dollar amount of financial assistance. Include terms and rates of interest for the repayment. Include policies for restructuring loans or modifying terms, along with any other financing policies required. Quantify acceptable levels of risk. G. Loan Review, Selection, and Approval (if applicable): Create a process for "advertising" the RLF to the public. Establish criteria and procedures for review and approval of loan applications. Establish a loan review committee whose purpose is to make recommendations to the governing body. Ideally, its membership would include private sector finance professionals. H. Loan Security (if applicable): Secure each amortized real property loan by trust indenture, and secure each deferred real property loan that provides a contingency for repayment, by lien. Require each borrower, where appropriate, to protect the NSP Subrecipient against insurable risks. A copy of each policy underwritten should be filed with the RLF administrator. I. Loan Servicing (if applicable): Establish policies and procedures for loan repayments, loan delinquencies, loan defaults, and loan monitoring, and designate who will be responsible for carrying out each of these functions. J. Recapitalization Strategy: If needed, develop a recapitalization strategy and identify which other financial resources might be used to recapitalize or supplement the RLF. K. Internal Control: Identify the internal control system which will be put in place to ensure that the RLF is managed according to the RLF Administration Plan. The objectives of internal control should be to provide the RLF administrator (and the NSP Subrecipient) with reasonable assurance that the RLF assets are safeguarded against loss and that all RLF transactions are executed in accordance with the approved RLF Administration Plan. L. Public Participation and Information: Identify the RLF's program reporting and public participation process. For CDBG entitlement jurisdictions, this process must comply with the "Public Participation Plan" stipulated in the jurisdiction's CDBG Consolidated Plan. 13. Non-Subrecipient Administration of Program Income or RLFs The Subrecipient may contract with a non-profit organization (the responsible organization that administered the NSP project for instance) or a financial institution to administer any Program Income or RLFs, subject to Commerce's approval. However, the ownership of and ultimate responsibility for the Program Income or RLF must remain with the Subrecipient. A written agreement must exist between the Subrecipient and non-profit organization. This Agreement must remain in effect during any period that the Program Income or RLF administrator has responsibility for Program Income or RLF program activity. Minimum provisions in this Agreement are: 1. Statement of work to be performed including a timeline; 2. Records and reports to be maintained; 3. Requirements for how Program Income and the RLF are to be managed; NSP Guidelines for Program Income & Revolving Loan Funds Page 7 January 2013 4. Applicability of Federal Circulars and other such requirements; 5. Provision for termination of the agreement; and 6. A policy on reversion of assets at termination. The NSP Subrecipient must maintain accounting oversight, including an annual audit of the RLF. Copies of such audit(s) and any reports must be submitted to Commerce. Regardless of who is administering the Program Income or RLF, a written Administration Plan needs to be approved by Commerce and incorporated in the NSP Closeout Agreement. 14. Accounting Standards and Financial Statements The accounting and financial management system used to manage Program Income and RLFs must comply with generally accepted accounting principles. Subrecipients must be able to demonstrate that Program Income or funds received into the RLF are used solely for NSP eligible activities. The financial position of all Program Income or RLF proceeds must be included in the Subrecipients' annual audit (unless the RLF is managed by another organization on behalf of the Subrecipient). The annual financial statements must present the financial position of Program Income or the RLF and results of their operations. Any Program Income or the cash balance of the RLF must held in an interest-bearing account. And any interest earned on these cash balances must be remitted at least annually to HUD. 15. Revisions Subrecipients must send any revisions of either their Program Income Reuse Plans or RLF Administration Plan to Commerce for review and approval. The jurisdictions' governing board must approve the revised plan(s). They must to conduct a public hearing prior to adopting it if the proposed changes could directly affect the potential beneficiaries. A copy of the resolution or ordinance showing the adoption of the revised plan must be submitted to Commerce. 16. Reporting to Commerce and/or HUD Because Commerce has ultimate responsibility for any Program Income retained and used, it must ensure that Program Income is used in a manner consistent with federal requirements (24 CFR 570.504 and 24 CFR 570.500(b)). Subrecipients must submit to Commerce an annual Proram Income Report which details program income or RLF's (for the calendar year) by January 15" of the following year (unless otherwise directed by Commerce). Report forms are provided in Commerce's CDBG Management Handbook (or www.commerce.wa.gov). Commerce will report this information on Program Income annually to HUD. In addition, the Subrecipient must provide details of any existing NSP properties that have been sold or additional properties purchased over that year and how continuing affordability requirements have been met. NSP Guidelines for Program Income & Revolving Loan Funds Page 8 January 2013