HomeMy WebLinkAboutR-2014-100 HOME Investment Funds; Habitat for Humanity; New Construction 402 S. 10th St. and 1409 S. 16th Ave. RESOLUTION NO. R- 2014 -100
A RESOLUTION Consideration of a Resolution granting $40,000 of HOME Investment
funds to Habitat for Humanity to demolish the existing substandard
structures and construct new single family homes at 402 S. 10 Street
and 1409 S 16 Ave, to be sold to qualified low to moderate income first
time homebuyers.
WHEREAS, the City of Yakima is a recipient of HOME Investment funds, and
WHEREAS, the HUD HOME Investment funding requires a 15% set aside to support
qualified Community Housing Development Organizations (CHDO's).
WHEREAS, the Yakima Habitat for Humanity as a certified Community Housing
Development Organization ( CHDO) has the ability to construct a single family dwelling to be
sold to a qualified low to moderate first time homebuyer and monitor this property through the
required affordability period, and
WHEREAS, the sale proceeds will be kept by Habitat and used as program income to
further affordable housing within the City of Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The city council hereby authorizes the Yakima City Manager to execute such documents
necessary or appropriate granting $40,000 of HOME Investment funds to Yakima Habitat for
Humanity to remove the existing substandard structure and construct new single family homes
at 402 S. 10 Street and 1409 S. 16 Ave, Yakima, for the sale of such property by Yakima
Habitat for Humanity to qualified low to moderate income first time home buyers and for
monitoring such properties through the required affordability period, all in accordance with
applicable requirements and procedures of HUD concerning the HOME Investment regulations,
and sign documents as required.
ADOPTED BY THE CITY COUNCIL this day of August 5, 2014.
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TEST:
Micah Ca ley, Mayor
City Clerk i } '7"\ i
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.C.
For Meeting of: August 05, 2014
ITEM TITLE: Resolution authorizing two contracts granting $40,000 of
HOME Investment funding to Habitat for Humanity to
demolish the existing substandard structures and construct
two new single - family dwelling units to be sold to qualified low
to moderate income first time homebuyers located at 402
South 10th Street and 1409 South 16th Avenue
SUBMITTED BY: Joan Davenport, Interim Community Development Director
(509) 576 -6417
Archie Matthews, ONDS Manager (509) 575 -6101
SUMMARY EXPLANATION:
As a recipient of HOME Investment funds, the City of Yakima is required to set aside 15% to
support qualified Community Housing Development Organizations (CHDO's). Neighborhood
Development Services proposes to grant Yakima Valley Habitat for Humanity, a certified CHDO,
$40,000 to remove substandard structures and construct two new single family dwelling units
located at 402 South 10th Street and 1409 South 16th Avenue to be sold to qualified low to
moderate income first time homebuyers and monitor the projects for the required "Affordability
Period" as per Federal HOME regulations.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: One year
Start Date: 08/05/2014 End Date: 07/07/2015 OR UPON
COMPLETION
Item Budgeted: Yes Amount: $40,000
Funding Source /Fiscal Impact: HOME Investment Fund
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to: Yakima Valley Partners Habitat for Humanity - c/o Steve Luten,
21 W Mead Ave. Ste #110, Yakima, WA 98902
Phone: (509) 453 -8077
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff recommends approval of the contract and resolution granting $40,000 to Yakima Valley
Habitat for Humanity.
ATTACHMENTS:
Description Upload Date Type
0 Resolution - 402 S 10th St and 1409 S 16th Ave 7/14/2014 Resolution
0 Contract - 402 S 10th Street 7/11/2014 Contract
0 Contract - 1409 S 16th Avenue 7/11/2014 Contract
SUBSTITUTED AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
AND AWARDEE - HABITAT FOR HUMANITY
(402 South 10 Street)
1. AWARDEE: Yakima Valley Partners Habitat for Humanity
2. Address: 21 W. Mead Ave. Ste 110, Yakima, WA. 98902
3. Phone: (509) 453 -8077
4. Contact Person: Steve Luten ,
5. Title of Service or Program being funded: New Construction of single family
home located at 402 South 10 Street.
6.
7. Amount of Contract Award: $20,000 (HOME) CFDA Contract # 14.218
7. The term of this Contract shall commence upon the execution date of
Contractors' receipt of "Letter to Proceed" from City of Yakima Office or
Neighborhood Development Services and terminate on July 7, 2015 at
midnight, unless sooner terminated by either party in accordance with Section
XXII of Exhibit "A ", attached hereto and incorporated herein by this reference.
8 This contract award and the rights and obligations of both parties hereto shall
be subject to and governed by the following:
(a) "Terms and Conditions" attached hereto as Exhibit "A" and
incorporated herein by this reference; and
(b) Operating budget including the funding sources and uses
statement and the work plan, attached hereto as Exhibit "B" and incorporated
herein by this reference.
(c) City of Yakima Resolution No. R- 2014 -100, a copy of which is
attached hereto as Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B ", and satisfaction of all contract terms and conditions as
stated in Exhibit "A ", Exhibit "B" and Exhibit "C ".
This written document, together with all of the incorporated exhibits hereto, constitutes
the entire Contract and terms of agreement between the parties hereto.
IN WITNESS THERE rties have executed this Contract as of the day and
year stated below.
CITY. F YAKIM , AWA- DEE: Habitat ,1• r Humanity
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1 of 20 City of Yakima 8/26/2015
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onya CI• ;a Tee, City Clerk , '
City Contract No.: 2014 -153
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EXHIBIT "A"
TERMS AND CONDITIONS
WITNESSETH
WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program
Funds from theU S. Department of Housing and Urban Development (HUD), including
funds that are reserved forthe use of Community Housing Development Organizations
(CHDOs); and
WHEREAS, the AWARDEE has been certified with the CITY as a CHDO, and has
submitted a proposal for use of CHDO funds for a CHDO - eligible project under HOME
regulations;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein
contained, including the Attachments, and subject to the terms and conditions
hereinafter stated, the parties hereto understand and agree as follows:
Section I — Definitions
A. AGENCY — is hereby defined as the Office of Neighborhood Development Services,
the HOMEProgram administering agency of the City of Yakima. For the purpose of this
Agreement and all administration of HOME funds, the AGENCY shall act on behalf of
the CITY in the execution and fiscal and programmatic control of this agreement. The
term "Approval by the CITY" or like term used in this Agreement shall in no way relieve
the AWARDEE from any duties or responsibilities under the terms of this Agreement,
or obligation State or local law or regulation
B. FEE — is hereby defined as the amount of money the CITY agrees to pay and the
AWARDEE agrees to accept as payment in full for all the professional, technical and
construction services rendered pursuant to this Agreement to complete the WORK as
further defined in Section III -SCOPE OF WORK, hereof.
C WORK — is hereby defined as all the professional, technical and construction
services to berendered or provided by the AWARDEE as described here.
D. PROJECT — is defined in Section IV below.
E HOME — is hereby defined as the HOME Investment Partnerships Program as
described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 -
12839.
Section II — Term
The AWARDEE expressly agrees to complete all work required by this agreement in
accordancewith the timetable set forth.
Milestone Deadline
Project Start Date Date of signature.
Interim Milestones /Deadlines (list below):
Project Completion Date: July 7, 2015
In addition, this project is subject to ongoing compliance requirements of HOME for
Ten (10) years from the date of initial occupancy. During this compliance period, the
AWARDEE will assure continuedcompliance with HOME requirements For homebuyer
units this includes monitoring units for principal residency and recapture of funds at
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time of resale For rental units, this includes ongoing property standards, occupancy
and rent limits compliance Timely completion of the work specified in this agreement is
an integral and essential part of performance. The expenditure of HOME funds is
subject to Federal deadlines and could result in the loss of the Federal funds. By the
acceptance and execution of this agreement, it is understood and agreed by the
AWARDEE that the PROJECT will be completed as expeditiously as possible and that
the AWARDEE will make every effort to ensure that the project will proceed and will not
be delayed Failure to meet these deadlines can result in cancellation of this contract
and the revocation of HOME funds Since it is mutually agreed that time is of the
essence as regards this agreement, the AWARDEE shall cause appropriate provisions
to be inserted in all contracts or subcontracts relative to the work tasks required by this
agreement, in order to ensure that the PROJECT will be completed according to the
timetable set forth. It is intended that such provisions inserted in any subcontracts be,
to the fullest extent permitted by law and equity, binding for the benefit of the CITY and
enforceable by the CITY against the AWARDEE and its successors and assigns to the
project or any part thereof or any interest therein.
In the event the AWARDEE is unable to meet the above schedule or complete the
above services because of delays resulting from Acts of God, untimely review and
approval by the CITY and other governmental authorities having jurisdiction over the
PROJECT, or other delays that are not caused by the AWARDEE, the CITY shall grant
a reasonable extension of time for completion of the WORK. It shall be the
responsibility of the AWARDEE to notify the CITY promptly in writing whenever a delay
is anticipated or experienced, and to inform the CITY of all facts and details related to
the delay.
Section III — Scope of Work
The AWARDEE, in close coordination with the CITY, shall perform all professional
services (the "WORK ") necessary to complete the development and occupancy of the
following project in fullcompliance w_.._.__. Exhibit "B "project description, including HOME -
assisted units description & compliance term)
It is understood that the AWARDEE will provide a specific working budget and realistic
timetable as relates to: acquisition, construction /rehabilitation, soft costs, development
fees and other allowable costs /activities prior to any fund usage. Said budget shall
identify all sources and uses of funds, and allocate HOME and non -HOME funds to
activities or line items. The aforementioned Work tasks will be performed in essentially
the manner proposed in the AWARDEE's proposal as received by the AGENCY on
May 8, 2014. The aforementioned document will be considered to be a part and portion
of this agreement for reference.
Section IV — Reimbursement of Expenses & Developer Fees
A. GENERAL.
Project expenses (excluding developer fee) shall be paid based on vouchers for
actual expenses incurred or paid. Requests for payment must be submitted by
the AWARDEE on forms specified by the CITY, with adequate and proper
documentation of eligible costs incurred in compliance with 92.206 and
necessary for HUD IDIS disbursement requirements. All such expenses shall be
in conformance to the approved project budget. Budget revision and approval
shall be required prior to payment of any expenses not conforming to the
approved project budget.
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The City reserves the right to hold payment until adequate documentation has
been provided by the Contractor and reviewed by the City. The Contractor
agrees to the following provisions in satisfying the terms and conditions of this
contract:
B. PAYMENT AND DISBURSEMENTS:
Disbursements by the City of Yakima from this contract/grant award shall be on
a reimbursement basis covering actual expenditures by the Contractor or
obligations of the Contractor currently due and owing, but not paid.
Disbursements shall be limited to allowable costs and so shall be made upon
the occurrence of all the following, in addition to any other conditions contained
herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement
request on forms provided by the City of Yakima ONDS
supported by copies of vouchers, invoices, salary and wage
summaries, or other acceptable documentation; and
2 Determination by the City of Yakima ONDS that the expenditures
or obligations for which reimbursement is sought constitute
allowable costs under the principles set forth in Federal
Management Circular 74 -4 "eligible costs under the CDBG
Program" and that also fall within the applicable Project Budget.
The Contractor shall submit monthly written claims for reimbursement of
services performed under this Agreement.
C. No payment shall be made for any service rendered by the Contractor except
for services within the scope of a category set forth in the budget in Exhibit "B"
of this Contract, and all funds received must be used for service as identified in
Exhibit "B" of this Contract.
D. 1. The Contractor shall submit to the City of Yakima ONDS a written
request for approval of budget revision when a proposed revision would result
in an increase or decrease of ten percent (10 %) or more per home, from what
has been set forth in the approved budget subject category. The City's written
budget revision approval must be received by the Contractor prior to the
Contractor incurring any expenditures against the revised budget subject
categories.
2. When the revision of the Contractor budget does not exceed ten percent
(10 %) of an approved budget subject category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
E. CITY reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable. The CITY also
reserves the right to hold payment until adequate documentation has been
provided and reviewed.
F AWARDEE may submit a final invoice upon completion. Final payment shall be
made afterthe CITY has determined that all services have been rendered, files
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and documentation delivered, and units have been placed in service in full
compliance with HOME regulations, including submission of a completion report
and documentation of eligible occupancy, property standards and long -term use
restrictions
G. CITY shall have the right to review and audit all records of the AWARDEE
pertaining to any payment by the CITY Said records shall be maintained for a
period of five years aftercompletion.
Section V — Project Requirements
The AWARDEE agrees to comply with all requirements of the HOME Program as
stated in 24 CFRPart 92, including but not limited to the following.
A. No HOME project funds will be advanced, and no costs can be incurred, until the
City has conducted an environmental review of the proposed project site as required
under 24 CFR Part 58. The environmental review may result in a decision to proceed
with, modify or cancel theproject. Notwithstanding any provision of this Agreement, the
parties hereto agree and acknowledge that this Agreement does not constitute a
commitment of funds or site approval, and that such commitment of funds or approval
may occur only upon satisfactory completion of environmental review and receipt by
the CITY of a release of funds from the U S. Department of Housing and Urban
Development [or the State of Washington] under 24 CFR Part §58. Further, the
AWARDEE will not undertake or commit any funds to physical or choice - limiting
actions, including property acquisition, demolition, movement, rehabilitation,
conversion, repair or construction prior to the environmental clearance, and must
indicate that the violation of this provision may result in the denial of any funds under
the agreement.
B. Any HOME funds advanced to the PROJECT will be secured by a note and
mortgage, and inthe case of a rental project, a deed covenant as required by 24 CFR
Part 92.
C. The AWARDEE will ensure that any expenditure of HOME funds will be in
compliance with the requirements at 92.206, and acknowledges that HOME funds will
only be provided as reimbursement for eligible costs incurred, including actual
expenditures or invoices for work completed
D If the project is to be owner - occupied, the AWARDEE will ensure that all HOME
assisted unitswill be in compliance with 24 CFR 92.254, including documenting that the
property is eligible under 92.254(a)(1) — (2), and will maintain compliance during the
minimum compliance period. (If the property also contains a rental unit assisted with
HOME funds, the AWARDEE will ensure that occupancy complies with the
requirements of 92 254(a)(6).) If the project is to be a rental, the AWARDEE will ensure
that that project is eligible under 92.214, and that it will meet the applicable standards
of 24 CFR 92.252 253 at occupancy and for the minimum compliance period.
E. The designated HOME - assisted units of this PROJECT will meet the affordability
requirements as found in 24 CFR 92.252 (rental) or 92.254 (owner- occupied) as
applicable. The AWARDEE shall collect and maintain Project beneficiary information
pertaining to household size, income levels, racial characteristics, and the presence of
Female Headed Households in order to determine low and moderate - income benefit in
a cumulative and individual manner. Income documentation shall be in a form
consistent with HOME requirements as stated in the HUD Technical Guide for
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Determining Income and Allowances Under the HOMEProgram
F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with
all nondiscrimination requirements of 24 CFR 92.350. If the project consists of 5 or
more units, the AWARDEE will implement affirmative marketing procedures as required
by 24 CFR 92.351 Such procedures are subject to approval of the AGENCY
G. If the PROJECT is occupied at the time of this commitment, the AWARDEE will
comply with the relocation requirements of 24 CFR 92.353.
H AWARDEE shall assure compliance with 24 CFR 92.251 as relates to Property
Standards and Housing Quality Standards (HQS), Accessibility Standards under 24
CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24
CFR 92.355 and 24 CFR Part 35
I. If the PROJECT is to be owner - occupied, the AWARDEE shall assure that any
NOTES and MORTGAGES recorded for homebuyers shall be in compliance with 24
CFR 92.254 and that the AWARDEE will monitor each unit for principal residency
(under 92.254(a)(3)) and resale /recapture (under 92.254 (a)(4) — (5)).
J AWARDEE will provide any documentation required by the AGENCY regarding
match as may be required to document match for purposes of the HOME program.
K. If any project under this agreement involves the construction or rehabilitation of 12
or more HOME - assisted units, the AWARDEE shall comply with the provisions of the
Davis -Bacon Act (40 U.S.C. 276 a to a - 7) as supplemented by AGENCY of Labor
regulations (29 CFR, Part 5),as amended.
L. If the property is sold through a lease- purchase agreement, the AWARDEE will
ensure compliance with 92.254(a)(7), as modified by the 1999 Appropriations Act,
Section 599B.
M. AWARDEE will be monitored by the AGENCY for compliance with the regulations of
24 CFR 92 for the compliance period specified above The AWARDEE will provide
reports and access to project files as requested by the AGENCY during the PROJECT
and for Five (5) yearsafter completion and closeout of the AGREEMENT
Section VI — Repayment of Loan
A. All HOME funds are subject to repayment in the event the PROJECT does not meet
the ProjectRequirements as outlined above.
B It is understood that upon the completion of the PROJECT, any HOME funds
reserved but notexpended under this agreement will revert to the CITY
C. If the PROJECT is for owner - occupancy, the AWARDEE shall lend the HOME
funds to the individual buyers in an amount sufficient to make the purchase affordable.
Any HOME funds that reduce the price of the property below the fair market value of
the property shall be secured by a HOME note and mortgage as required in
92.254(a)(5)(ii), using the note and mortgage prescribed or approved by the AGENCY
(and consistent with the method of recapture identified in the CITY's "Consolidated
Plan "). All net sales proceeds from the sale of units are considered to be CDHO
proceeds that may be retained by the AWARDEE and used in conformance with 24
CFR 92 300(a)(2), to be retained by the CDHO and used to further affordable housing
for qualified first time home buyers within the City of Yakima
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Section VII — CHDO Provisions
It is understood that the AWARDEE has certified that it is and will maintain CHDO
(Community Housing Development Organization) status for the term of the
PROJECT /AGREEMENT in accordance with 24 CFR 92. The AWARDEE agrees to
provide information as may be requested by the AGENCY to document its continued
compliance, including but not limited to an annual board roster and certification of
continued compliance Any funds advanced as CHDO pre - development funds must be
in compliance with 92.301, and are forgivable only under the terms in 92 301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in
compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as
CHDO proceeds from this project shall be used in compliance with 24 CFR
92 300(a)(2) or as specified in this Agreement. If the project is rental, the AWARDEE
will create and follow a tenant participation plan as required in 24 CFR 92 303
Section VIII — Procurement Standards
The AWARDEE shall establish procurement procedures to ensure that materials and
services are obtained in a cost - effective manner. When procuring for services to be
provided under this agreement, the AWARDEE shall comply at a minimum with the
nonprofit procurement standards at 24 CFR 84 40 - .48.
In addition, the following requirements are imposed on any procurement under this
PROJECT:
Any personal property having a useful life of more than one year and purchased wholly
or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per
item, shall upon its purchase or receipt become the property of the City of Yakima
and /or federal government. Final ownership and disposition of such property shall be
determined under the provisions of Attachment N of OMB, A -102. The Contractor shall
be responsible for all such property, including its care and maintenance, and shall
comply with the following procedural requirements:
1. Property records shall be maintained accurately and provide for: A
description of the property; manufacturer's serial number or other
identification number; acquisition date and cost; source of the property;
percentage of HOME funds used in the purchase of property; location,
use, and condition of the property
2 A physical inventory of property shall be taken and the results reconciled
with the property records at least once every two years to verify the
existence, current utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to
prevent lose, damage, or theft to the property. Any loss, damage, or
theft of the property shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the
property in good condition
5 If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item
of cost, title to such property shall remain with the Contractor. An
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election to capitalize and depreciate or claim acquisition cost as a direct
item of cost shall be irrevocable.
6. Nonexpendable personal property purchased by the Contractor under
the terms of this Contract, in which title is vested in the City of Yakima or
Federal Government shall not be rented, loaned, or otherwise passed to
any person, partnership, corporation, association or organization without
the prior express approval of the City of Yakima ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities
defined in this Contract.
8 As a condition prerequisite to reimbursement for the purchase of
nonexpendable personal property, title to which shall vest in the City of
Yakima ONDS or federal government, the Contractor agrees to execute
such security agreements and other documents as shall be necessary
for the City of Yakima ONDS or federal government to perfect its interest
in such property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9A of RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the
property of the City of Yakima ONDS or federal government (including
expenses entered thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the Contractor to
maintain and administer in accordance with sound management
practices that property, to ensure that the property will be returned to the
City of Yakima ONDS or federal government in like condition to that in
which condition the property was acquired by purchase, fair wear and
tear accepted.
In addition, it is understood that any AWARDEE that can be considered to be a
religious organization shallabide by all portions of 24 CFR 92.257.
Section IX — Conflict of Interest Provisions
The AWARDEE warrants and covenants that it presently has no interest and shall not
acquire anyinterest, directly or indirectly, which could conflict in any manner or degree
with the performance of its services hereunder. The AWARDEE further warrants and
covenants that in the performanceof this contract, no person having such interest shall
be employed HOME conflict of interest provisions, as stated in 92.356, apply to the
award of any contracts under the agreement and the selection of tenant households to
occupy HOME - assisted units. No employee, agent, consultant, elected official, or
appointed official of the AWARDEE may obtain a financial interest or unit benefits from
a HOME - assisted activity, either for themselves or those with whom they have family or
business ties, during their tenure or for one year thereafter This prohibition includes
the following:
• Any interest in any contract, subcontract or agreement with respect to a HOME -
assisted project or program administered by the AWARDEE, or the proceeds
thereunder; or
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• Any unit benefits or financial assistance associated with HOME projects or
programs administered by the AWARDEE, including:
Occupancy of a rental housing unit in a HOME - assisted rental project;
Receipt of HOME tenant -based rental assistance;
Purchase or occupancy of a homebuyer unit in a HOME - assisted
project;
Receipt of HOME homebuyer acquisition assistance; or
Receipt of HOME owner - occupied rehabilitation assistance.
This prohibition does not apply to an employee or agent of the AWARDEE who
occupies a HOME assisted unit as the on -site project manager or maintenance worker.
In addition, no member of Congress of the United States, official or employee of HUD,
or official or employee of the Participating Jurisdiction shall be permitted to receive or
share any financial or unit benefits arising from the HOME - assisted project or program.
Prior to the implementation of the HOME - assisted activity, exceptions to these
provisions may be requested by the AWARDEE in writing to the Participating
Jurisdiction. The AWARDEE must demonstrate and certify that the policies and
procedures adopted for the activity will ensure fair treatment of all parties, and that the
covered persons referenced in this policy will have no inside information or undue
influence regarding the award of contracts or benefits of the HOME assistance. The
Jurisdiction may grant exceptions or forward the requests to HUD as permitted by24
CFR 92.356, 85.36 and 84.42, as they apply.
Section X — City Responsibilities
CITY shall furnish the AWARDEE with the following services and information from
existing CITY records and CITY files:
A. CITY shall provide to the AWARDEE information regarding its requirements for the
PROJECT.
B. CITY will provide the AWARDEE with any changes in HOME regulations or program
limits that affect the project, including but not limited to income limits, property value
limits and rent limits.
C. CITY will conduct progress inspections of work completed to protect its interests as
lender and regulatory authority for the project, and will provide information to the
AWARDEE regarding any progress inspections or monitoring to assist it in ensuring
compliance. CITY's review and approval of the WORK will relate only to overall
compliance with the general requirements of this Agreement and HOME regulations,
and all CITY regulations and ordinances. Nothing contained herein shall relieve the
AWARDEE of any responsibility as provided under this Agreement.
Section XI — Equal Employment Opportunity
During the performance of this contract, the AWARDEE agrees as follows
A. AWARDEE will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin(s). The AWARDEE will take
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affirmative action to ensure the applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national
origin(s). Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The AWARDEE agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer of the CITY setting forth the provisions of this nondiscrimination
clause.
B. AWARDEE will, in all solicitations or advertisements for employees placed by or on
behalf of the AWARDEE, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
C. AWARDEE will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the CITY's contracting officer, advising the labor union or worker's
representative of the AWARDEE's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
D. AWARDEE will comply with all provisions of Executive Order 11246 of September
24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
E. AWARDEE will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to its books, records,
and accounts by the AGENCY and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and order.
F. In the event the AWARDEE is found to be in noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part and
the AWARDEE may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the
Secretary of Labor or as otherwise provided by law.
G. AWARDEE will include the provisions of paragraphs (a) through (g) of this
agreement in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor The AWARDEE will take such action with respect
to any subcontract or purchase order as the AGENCY may direct as a means of
enforcing such provisions, including sanctions for noncompliance, provided, however,
that in the event the AWARDEE becomes involved in, or is threatened with litigation
with a subcontractor or vendor as a result of such direction by the AGENCY, the
AWARDEE may request the United States to enter into such litigation to protect the
interest of the United States.
Section XII — Labor, Training & Business Opportunity
AWARDEE agrees to comply with the federal regulations governing training,
employment andbusiness opportunities as follows:
11 of 20 City of Yakima 8/26/2015
A. It is agreed that the WORK to be performed under this agreement is on a project
assisted under a program providing direct Federal financial assistance from the US
Department of Housing and Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.0
1701 u, as well as any and all applicable amendments thereto. Section 3 requires that,
to the greatest extent feasible, opportunities for training and employment be given low
and moderate income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the project area.
B. AWARDEE shall comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth
in 24 Code of Federal Regulations and all applicable rules and orders of the AGENCY
of Housing and Urban Development issued thereunder as well as any and all
applicable amendments thereto prior to the execution of this contract as well as during
the term of this contract. The AWARDEE certifies and agrees that it is under no
contractual or other disability, which would prevent it from complying with these
requirements as well as any and all applicable amendments thereto.
C AWARDEE will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the CITY, take appropriate action
pursuant to the subcontractor upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, in 24 Code of
Federal Regulations. The AWARDEE will not subcontract with any subcontractor where
it has notice or knowledge that the latter has been found in violation of regulations
under 24 code of Federal Regulations and will not let any subcontract unless the
subcontractor has first provided it with a preliminary statement of ability to comply with
these requirements as well as with any and all applicable amendments thereto.
D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of
Federal Regulations and all applicable rules and orders of the AGENCY of Housing
and Urban Development issued thereunder prior to the execution of the contract shall
be a condition precedent to federal financial assistance being provided to the
PROJECT as well as a continuing condition, binding upon the applicant or recipient for
such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the AWARDEE or recipient, its contractors and subcontractors, its successors,
and assigns to those sanctions specified by 24 Code of Federal Regulations as well as
with any and all applicable amendments thereto.
Section XIII — Compliance with Federal, State & Local Laws
A. GENERAL. The AWARDEE covenants and warrants that it will comply with
all applicable laws, ordinances, codes, rules and regulations of the state local and
federal governments, and all amendments thereto, including, but not limited to; Title 8
of the Civil Rights Act of 1968 PL.90 -284; Executive Order 11063 on Equal Opportunity
and Housing Section 3 of the Housing and Urban Development Act of 968; Housing
and Community Development Act of 1974, as well as all requirements set forth in 24
CFR 92 of the HOME INVESTMENT PARTNERSHIP PROGRAM. The AWARDEE
covenants and warrants that it will indemnify and hold the City forever free and
harmless with respect to any and all damages whether directly or indirectly arising out
of the provisions and maintenance of this contract. AWARDEE agrees to comply with
all applicable standards, orders, or requirements issued under section 306 of the Clean
Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U S.C. 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR
12 of 20 City of Yakima 8/26/2015
part 15). AWARDEE further warrants and agrees to include or cause to be included the
criteria and requirements of this section in every non - exempt subcontract in excess of
$100,000. AWARDEE also agrees to take such action as the federal, state or local
government may direct to enforce aforesaid provisions.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND LOWER
TIER COVERED TRANSACTIONS
(a) AWARDEE, defined as the primary participant and it principals,
certifies by signing these General Terms and Conditions that to
the best of its knowledge and belief that they
(b) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency.
(c) Have not within a three -year period preceding this Agreement,
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
tax evasion, receiving stolen property, making false claims, or
obstruction of justice,
(d) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph
(1)(b) of this section, and
(i) Have not within a three -year period preceding the signing
of this Agreement had one or more public transactions (Federal,
State, or local) terminated for cause of default.
(ii) Where the AWARDEE is unable to certify to any of the
statements in this Agreement, the AWARDEE shall attach an
explanation to this Agreement.
(iii) The AWARDEE agrees by signing this Agreement that it
shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered
transaction.
(iv) The AWARDEE further agrees by signing this Agreement
that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -
13 of 20 City of Yakima 8/26/2015
Lower Tier Covered Transaction," as follows, without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions
(e) LOWER TIER COVERED TRANSACTIONS
(i) Each lower tier contractor certifies, by signing this
Agreement that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
(ii) Where the lower tier contractor is unable to certify to any
of the statements in this Agreement, such contractor shall
attach an explanation to this Agreement.
2. Office of Federal Contract Compliance Programs regulations, 41 CFR
Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24
CFR 570 601 (Discrimination prohibited).
3. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831
et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The Contractor shall provide whatever
assistance is necessary to enable the City of Yakima's Building Official to carry
out its inspection and certification responsibility under those regulations.
4. Historic and Archaeological Preservation requirements as set forth in 24
CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American
Burial Law), RCW 27.53.010 -.090 (Protection of Archaeological Resources),
and RCW 43.51.750 -.820 (Preservation of Historic Properties).
5. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et
seq , implementing regulations, and Chapter 70.92 RCW.
6. Accessibility Standard as set forth in 92.251(a)(3).
7. Clean Air Act as amended, 42 USC Section 1857 et seq.; Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental
Protection Agency regulations, 40 CFR Part 15.
8. Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for project
area businesses and low income persons).
9 Contract Work Hours and Safety Standards Act, 40 USC Sections 327-
333, (Overtime Compensation).
10 Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and
RCW Chapter 3 — 12 (Prevailing Wage Rates).
11. Attachment 0 of the Office of management and Budget Circular, A -102
(Procurement Standards) and Federal Management Circular, FMC 74 -4
12. The Uniform Relocation Assistance and Real Property Acquisition
14 of 20 City of Yakima 8/26/2015
Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts
42 and 570
13. Title VI of the Civil Rights Act of 1964 (P L. 88 -352) as amended, and
HUD regulations with respect thereto including the regulations under 24 CFR
Part 1. In the sale, lease or other transfer of land acquired, cleared or improved
with assistance provided under this Agreement, and Contractor shall cause or
require a covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination upon the basis of race, color, religion,
sex, or national origin, in the sale, lease or rental, or in the use or occupancy of
such land or any improvements erected or to be erected thereon, and providing
that the Contractor, the County, and the United States are beneficiaries of and
entitled to enforce such covenant. The Contractor, in undertaking its obligation
in carrying out the program assisted hereunder, agrees to take such measures
as are necessary to enforce such covenant and will not itself so discriminate
14. Age Discrimination Act of 1975 (24 CFR 146)
15. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
16. Washington State /Local Building Codes /Housing Quality Standards (24
CFR 882.109).
17 WBE /MBE (24 CFR 85.36 (e)).
Section XIV — Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the
AWARDEE materially fails to comply with any term of the award, and that the award
may be terminated for convenience in accordance with 24 CFR 85.44.
If, through any cause, the AWARDEE shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the AWARDEE shall violate any of the covenants,
agreements, or stipulations of this contract, the CITY shall thereupon have the right to
terminate this contract by giving written notice to the AWARDEE of such termination
and specifying the effective date thereof, at least five (5) days before the effective date
of such termination. In such event, the AWARDEE shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder to the date of
said termination. Notwithstanding the above, the AWARDEE shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach of the
contract by the AWARDEE and the CITY may withhold any payments to the
AWARDEE for the purpose of setoff until such time as the exact amount of damages
due the CITY from the AWARDEE is determined whether by court of competent
jurisdiction or otherwise.
Section XV — Termination for Convenience of the CITY
The CITY may terminate for its convenience this contract at any time by giving at least
thirty (30) days notice in writing to the AWARDEE If the contract is terminated by the
CITY, as provided herein, the City will reimburse for any actual and approved expenses
incurred, including those costs involved in terminating the contracts and shutting down
the work as of the date of notice, and the AWARDEE will be paid as a FEE an amount
which bears the same ratio to the total compensation as the services actually
performed bear to the total service of the AWARDEE covered by this contract, less
payments of compensation previously made. Claims and disputes between the parties
15 of 20 City of Yakima 8/26/2015
will be submitted to the American Arbitration Association for resolution Award or
judgment may be entered in any court having jurisdiction thereof.
Section XVI — Default -Loss of Grant Funds
If the AWARDEE fails in any manner to fully perform and carry out any of the terms,
covenants, and conditions of the agreement, and more particularly if the AWARDEE
refuses or fails to proceedwith the work with such diligence as will insure its completion
within the time fixed by the schedule set forth in Exhibit B of this agreement, the
AWARDEE shall be in default and notice in writing shall be given to the AWARDEE of
such default by the AGENCY or an agent of the AGENCY. If the AWARDEE fails to
cure such default within such time as may be required by such notice, the CITY, acting
by and through the AGENCY, may at its option terminate and cancel the contract. In
the event of such termination, all grant funds awarded to the AWARDEE pursuant to
this agreement shall be immediately revoked and any approvals related to the
PROJECT shall immediately be deemed revoked and canceled. In such event, the
AWARDEE will no longer be entitled to receive any compensation for work undertaken
after the date of the termination of this agreement, as the grant funds will no longer be
available for this project. Such termination shall not effect or terminate any of the rights
of the CITY as against the AWARDEE then existing, or which may thereafter accrue
because of such default, and the foregoing provision shall be in addition to all other
rights and remedies available to the CITY under the law and the note and mortgage (if
in effect), including but not limited to compelling the AWARDEE to complete the project
in accordance with the terms of this agreement, in a court of equity. The waiver of a
breach of any term, covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, or condition hereof.
Section XVII — Reporting Responsibilities
AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY
to the AGENCY on the following due dates: October 1, January 1, April 1, and July 1,
next following the date of this agreement. The AGENCY will send the AWARDEE one
reminder notice if the quarterly report has not been received fourteen (14) days after
the due date. If the AWARDEE has not submitted a report fourteen (14) days after the
date on the reminder notice, the CITY will have the option to terminate the contract as
described in this agreement. In addition, the AWARDEE agrees to provide the
AGENCY information as required to determine program eligibility, in meeting national
objectives, and financial records pertinent to the project. Additional reporting
requirements are included in Exhibit B.
Section XVIII — Inspection, Monitoring & Access to Records
CITY reserves the right to inspect, monitors, and observe work and services performed
by the AWARDEE at any and all reasonable times. CITY reserves the right to audit the
records of the AWARDEE any time during the performance of this Agreement and for a
period of five years after final payment is made under this Agreement. If required, the
AWARDEE will provide the AGENCY with a certified audit of the AWARDEE's records
representing the Fiscal Year during which the PROJECT becomes complete whenever
the amount listed in SECTION VII is at or exceeds $300,000, pursuant to the
requirements of OMB Circular A -133. Access shall be immediately granted to the CITY,
HUD, the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the AWARDEE or its
contractors which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
Section XIX — General Conditions
A. All notices or other communication which shall or may be given pursuant to this
16 of 20 City of Yakima 8/26/2015
Agreement shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein or as the
same may be changed from time to time Such notice shall be deemed given on the
day on which personally served; or, if by mail, on the fifth day after being posted or the
date of actual receipt, whichever is earlier.
City address. City Manager
Yakima City Hall
129 North 2nd Street
Yakima, Washington 98901
Awardee address: Habitat for Humanity
21 W. Mead Avenue, Suite 110
Yakima, Washington 98902
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or
conditionscontained in any attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. The parties hereto agree that this Agreement shall be construed and enforced
according to thelaws of the State of Washington.
F. Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Washington or the City of
Yakima, such provisions, paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform with such laws, or if not modifiable
to conform with such laws, then same shall be deemed severable, and in either event,
the remaining terms and provisions of this Agreement shall remain unmodified and in
full force and effect.
G. AWARDEE shall comply with the provisions of the Copeland Anti - Kick -Back Act(18
U.S.C. 874) as supplemented in the AGENCY of Labor Regulations (29 CFR Part 3),
asamended.
H AWARDEE shall comply with the provisions of sections 103 and 107 of the Contract
Work Hours and Safety Standard Act (40 U.S C. 327 -330) as supplemented by
AGENCY of Labor regulations (29 CFR, Part 5), as amended.
I. AWARDEE further warrants and agrees to include or cause to be included the criteria
and requirements of paragraphs (G) through (H) of this section in every nonexempt
subcontract. The AWARDEE also agrees to take such action as the federal, state or
local government may directto enforce aforesaid provisions.
J The obligations undertaken by AWARDEE pursuant to this Agreement shall not be
delegated orassigned to any other person or agency unless CITY shall first consent to
the performance orassignment of such service or any part thereof by another person or
agency.
17 of 20 City of Yakima 8/26/2015
K. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns.
L AWARDEE shall indemnify and save CITY harmless from and against any negligent
claims, liabilities, losses and causes of action which may arise out of AWARDEE's
activities under thisAgreement, including all other acts or omissions to act on the part of
AWARDEE, including any person acting for or on its behalf, and, from and against any
orders, judgments, or decrees which may be entered, and from and against all costs,
attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in
the investigation thereof.
M AWARDEE and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of the CITY, and shall not attain any rights or
benefits under the civil service or pension ordinances of the CITY, or any rights
generally afforded classified or unclassified employee, further they shall not be deemed
entitled to state Compensation benefits as an employee of the CITY
N. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to
lack offunds, or authorization, reduction of funds, and /or change in regulations
Section XX — Substituted Agreement
This Agreement is substituted for, and replaces, the Agreement previously executed by
and between the parties as approved and authorized pursuant to CITY's Resolution
No. 2014 -100 on August 5, 2014 and executed on August 5, 2014.
18 of 20 City of Yakima 8/26/2015
Exhibit "B"
Yakima Valley Partners Habitat for Humanity
A.) PROPOSAL SUMMARY /PROJECT ABSTRACT
Yakima Valley Partners Habitat for Humanity will demolish the substandard
existing structure and construct a single family home located at 402 South 10
Street and sell it to a qualified low income first time homebuyer and monitor the
"Affordability Period" for a period of no less than Ten (10) years, after which all
net proceeds shall be granted to Habitat.
B.) ASSESSMENT OF NEED /PROBLEM STATEMENT
Yakima Valley Partners Habitat for Humanity will provide the demolition of the
substandard existing structure, the construction of a single family dwelling to be
sold to a qualified low to moderate income first time homebuyer and monitor the
project for a period of no less than Ten (10) year affordability period in exchange
for all net proceeds redeemed from the sale of the home located at 402 South
10 Street.
C.) PROGRAM GOAL AND OBJECTIVES
Goal
Demolish a substandard building and create another affordable single family
residence within the City of Yakima
Objectives
1. Demolish the existing substandard structure.
2 Construct a new single family dwelling.
3. Sell the new single family home to a qualified low to moderate first time
homebuyer.
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it
will expire at midnight, Yakima Valley Habitat for Humanity will demolish the
existing substandard structure, construct a new single family dwelling to be sold
to a qualified low to moderate income first time homebuyer to be monitored for a
Ten (10) year affordability period per HUD regulations governing HOME
Investment funded projects.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, Habitat for Humanity will,
1. Demolish the existing substandard structure.
2. Construct a new single family dwelling
3. Affect the sale of the property and dwelling to qualified low to moderate income
first time homebuyer
4. Agree to monitor the property at 402 South 10 Street for a period of no less than
a Ten (10) year affordability period as per HOME Investment requirements.
F.) BUDGET
Yakima Valley Habitat for Humanity will be reimbursed up to $20,000 between
the contract execution date and terminate on July 7, 2015 at midnight, for eligible
activities.
19 of 20 City of Yakima 8/26/2015
EXHIBIT "C" RESOLUTION
20 of 20 City of Yakima 8/26/2015
RESOLUTION NO. R -2014 -100
A RESOLUTION Consideration of a Resolution granting $40,000 of HOME Investment
funds to Habitat for Humanity to demolish the existing substandard
structures and construct new single family homes at 402 S. 10 Street
and 1409 S 16 Ave, to be sold to qualified low to moderate income first
time homebuyers
WHEREAS, the City of Yakima is a recipient of HOME Investment funds, and
WHEREAS, the HUD HOME Investment funding requires a 15% set aside to support
qualified Community Housing Development Organizations (CHDO's)
WHEREAS, the Yakima Habitat for Humanity as a certified Community Housing
Development Organization ( CHDO) has the ability to construct a single family dwelling to be
sold to a qualified low to moderate first time homebuyer and monitor this property through the
required affordability period, and
WHEREAS, the sale proceeds will be kept by Habitat and used as program income to
further affordable housing within the City of Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The city council hereby authorizes the Yakima City Manager to execute such documents
necessary or appropriate granting $40,000 of HOME Investment funds to Yakima Habitat for
Humanity to remove the existing substandard structure and construct new single family homes
at 402 S 10 Street and 1409 S 16 Ave, Yakima. for the sale of such property by Yakima
Habitat for Humanity to qualified low to moderate income first time home buyers and for
monitoring such properties through the required affordability period, all in accordance with
applicable requirements and procedures of HUD concerning the HOME Investment regulations,
and sign documents as required
ADOPTED BY THE CITY COUNCIL this day of August 5, 2014.
/s/ Micah Cawley
ATTEST Micah Cawley, Mayor
/s/ Sonya Claar Tee
City Clerk
Certified to be a true and correct copy of the
original filed in my office.
/ C CLERIC
k
"dr :/ .; • el--. Deputy
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1 Contracting Organization.Yakima Valley Partners Habitat for Humanity
2. Address:21 W. Mead Ave. Ste 110, Yakima, WA. 98902
3 Phone: (509) 453 -8077
4 Contact Person.Steve Luten ,
5. Title of Service or Program being funded• New Construction of a single family home
located at 402 S. 10 Street
6. Amount of Contract Award: $20,000 (HOME) CFDA Contract # 14.218
7. The term of this Contract shall commence upon the execution date of Contractors'
receipt of "Letter to Proceed" from City of Yakima Office or Neighborhood Development
Services and terminate on July 7, 2015 at midnight, unless sooner terminated by either
party in accordance with Section XXII of Exhibit "A ", attached hereto and incorporated
herein by this reference.
8 This contract award and the rights and obligations of both parties hereto shall be
subject to and governed by the following.
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein
by this reference; and
2) Operating budget including the funding sources and uses statement and the
work plan, attached hereto as Exhibit "B" and incorporated herein by this
reference
3) City of Yakima Resolution No. R -2014- /00 , A copy of which is attached
hereto as Exhibit "C" and incorporated herein by this reference.
9 Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B ", and satisfaction of all contract terms and conditions as stated in
Exhibit "A ", Exhibit "B" and Exhibit "C ".
This written document, together with all of the incorporated exhibits hereto, constitutes the entire
Contract and terms of agreeme •etween the parties hereto.
IN WIT SS THEREOF th= parties h. - executed this Contract as of the day and year stated
below
I (c.[
Tonl�RourkT(r7. ger Date
. _ r-5
Joa/ Davy po , Actin./ DD Dir-ctor Date
• tractor Date
Title: `� •I �11
Tex_ cam. /
ATTEST 0 6 1 . 4 ' �' 1 • ( 4
City Clerk •
City Contract No.: 8011- 3 � `�
1 of 17 City of Yakima 7/10/2014 Page 1
EXHIBIT "A"
TERMS AND CONDITIONS
DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from
the U.S. Department of Housing and Urban Development, hereby designates
Contractor to undertake, and the Contractor hereby agrees to undertake that certain
community development or housing assistance project described in Exhibit "B ", Scope
of Work (hereinafter "the project ").
II SUB -GRANT
A. NOTICE TO PROCEED
No work on the project shall occur prior to or without written approval from the
City of Yakima Office of Neighborhood Development Services (ONDS) ONDS
shall furnish the Contractor with written notice to proceed upon release of funds
from HUD related to the project pursuant to 24 CFR Part 58
B AMOUNT OF GRANT
$20,000 of HOME Investment funds for said project.
III GENERAL BUDGET PROVISIONS
The City reserves the right to hold payment until adequate documentation has been
provided by the Contractor and reviewed by the City The Contractor agrees to the
following provisions in satisfying the terms and conditions of this contract:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be on
a reimbursement basis covering actual expenditures by the Contractor or
obligations of the Contractor currently due and owing, but not paid.
Disbursements shall be limited to allowable costs and so shall be made upon
the occurrence of all the following, in addition to any other conditions contained
herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement
request on forms provided by the City of Yakima ONDS supported by
copies of vouchers, invoices, salary and wage summaries, or other
acceptable documentation, and
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable
costs under the principles set forth in Federal Management Circular 74-
4 "eligible costs under the CDBG Program" and that also fall within the
applicable Project Budget.
B. No payment shall be made for any service rendered by the Contractor except
for services within the scope of a category set forth in the budget in Exhibit "B"
of this Contract, and all funds received must be used for service as identified in
Exhibit "B" of this Contract.
2 of 17 City of Yakima 7/10/2014 Page 2
C. 1. The Contractor shall submit to the City of Yakima ONDS a written
request for approval of budget revision when a proposed revision would
result in an increase or decrease of ten percent (10 %) or more per
home, from what has been set forth in the approved budget subject
category. The City's written budget revision approval must be received
by the Contractor prior to the Contractor incurring any expenditures
against the revised budget subject categories.
2. When the revision of the Contractor budget does not exceed ten
percent (10 %) of an approved budget subject category, the Contractor
must submit a revised budget to the City of Yakima ONDS prior to the
submittal of claims against the budget.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor with written notice to proceed
upon release of funds from HUD related to the project. No work on the project shall
occur prior to the notice to proceed without written approval from the City of Yakima
ONDS in accord with Sec II, "Sub -Grant " A. (above)."
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of
services performed under this contract in the manner prescribed in paragraph
III above, and as prescribed by the City of Yakima ONDS.
VI LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to substantially reduce the amount of local financial
support for community development activities below the level of such support prior to
the availability of such assistance
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus
budget funds at the end of the project shall be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts.
Assets purchased with CDBG funds shall continue to be used in accordance with its
original purpose as provided in 24CFR 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and
regulations promulgated by the U S. Department of Housing and Urban
Development, including, but not limited to, Federal HOME Regulations and
other policies and guidelines established by the City of Yakima ONDS
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
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1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND
LOWER TIER COVERED TRANSACTIONS
A. Contractor, defined as the primary participant and it principals, certifies
by signing these General Terms and Conditions that to the best of its
knowledge and belief that they:
B. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency.
C. Have not within a three -year period preceding this Agreement, been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
D Are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of
any of the offenses enumerated in paragraph (1)(b) of this section; and
1 Have not within a three -year period preceding the signing of this
Agreement had one or more public transactions (Federal, State, or
local) terminated for cause of default.
2. Where the Contractor is unable to certify to any of the statements in
this Agreement, the Contractor shall attach an explanation to this
Agreement.
3 The Contractor agrees by signing this Agreement that it shall not
knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction.
4. The Contractor further agrees by signing this Agreement that it will
include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions:
E LOWER TIER COVERED TRANSACTIONS
i) The lower tier contractor certifies, by signing this Agreement that neither
it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency
ii) Where the lower tier contractor is unable to certify to any of the
statements in this Agreement, such contractor shall attach an
explanation to this Agreement.
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5. Office of Federal Contract Compliance Programs regulations, 41 CFR
Part 60, Executive Order 11246 as amended by Executive Order
12086, and 24 CFR 570 601 (Discrimination prohibited).
6. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831
et seq., and HUD regulations implementing the Act, 24 CFR Part 35,
where, residential structures are involved The Contractor shall
provide whatever assistance is necessary to enable the City of
Yakima's Building Official to carry out its inspection and certification
responsibility under those regulations.
7. Historic and Archaeological Preservation requirements as set forth in 24
CFR Section 570.604.36 CFR Part 800, RCW 27.44 010 (Native
American Burial Law), RCW 27.53 010 -.090 (Protection of
Archaeological Resources), and RCW 43 51 750 -.820 (Preservation
of Historic Properties).
8. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et
seq , implementing regulations, and Chapter 70.92 RCW.
9. Accessibility Standard as set forth in 92.251(a)(3).
10. Clean Air Act as amended, 42 USC Section 1857 et weq, Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq , and
Environmental Protection Agency regulations, 40 CFR Part 15.
11 Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for
project area businesses and low income persons).
12 Contract Work Hours and Safety Standards Act, 40 USC Sections 327-
333, (Overtime Compensation)
13. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and
RCW Chapter 3 —12 (Prevailing Wage Rates)
14. Attachment 0 of the Office of management and Budget Circular, A -102
(Procurement Standards) and Federal Management Circular, FMC 74-
4.
15. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, and regulations contained in 24
CFR Parts 42 and 570.
16 Title VI of the Civil Rights Act of 1964 (P.L 88 -352) as amended, and
HUD regulations with respect thereto including the regulations under
24 CFR Part 1. In the sale, lease or other transfer of land acquired,
cleared or improved with assistance provided under this Agreement,
and Contractor shall cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex, or national
origin, in the sale, lease or rental, or in the use or occupancy of such
land or any improvements erected or to be erected thereon, and
providing that the Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The
Contractor, in undertaking its obligation in carrying out the program
assisted hereunder, agrees to take such measures as are necessary
to enforce such covenant and will not itself so discriminate
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' 17. Age Discrimination Act of 1975 (24 CFR 146)
18 Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
19 Washington State /Local Building Codes /Housing Quality Standards (24
CFR 882.109).
20. WBE /MBE (24 CFR 85.36 (e)).
1. ENVIRONMENTAL REVIEW
A. NEPA
The City of Yakima ONDS retains environmental review
responsibility for purposes of fulfilling requirements of the
National Environmental Policy Act, under which the City of
Yakima ONDS may require the Contractor to furnish data,
information and assistance for the City's review and
assessment in determining whether the City must prepare an
Environmental Impact Statement.
B SEPA
The Contractor retains responsibility for fulfilling the
requirements of the State Environmental Policy Act and
regulations and ordinance adopted thereunder
C. COMPLIANCE AS PRE - CONDITION
Performance by either the City of Yakima ONDS or the
Contractor under this Agreement shall be contingent upon
satisfaction of all applicable requirements of the National and
State Environmental Policy Acts.
IX NON - DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. During the performance of this Agreement, Contractor shall not discriminate in
violation of any applicable federal, state and /or local law or regulation on the
basis of race, color, sex, religion, national origin, creed, age, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, political affiliation, or the presence of any sensory, mental or
physical handicap, and any other classification protected under federal, state,
or local law. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training,
and the provision of services under this Agreement.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination
Requirements, 24 CFR 570 601
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X NON - DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to make all services available through this contract (24
CFR 92 352), and shall not, on the grounds of race, color, sex, religion, national
origin, creed, marital status, or age.
1. Deny a qualified individual any facilities, financial aid, services or other
benefits provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which
are different, or are provided in a different manner, from those provided
to others under this Contract; separate treatment in any manner related
to his receipt of any service(s) or other benefits provided under this
Contract;
3. Deny any qualified individual an opportunity to participate in any
program provided by this Contract through the provision of service(s) or
otherwise, or will afford him an opportunity to do so which is different
from that afforded others under this Contract.
B The Contractor shall abide by all provisions of Section 504 of the HEW
Rehabilitation Act of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and /or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall
take such action as may be required to ensure full compliance with the
provisions of this clause, including sanctions for noncompliance
XI LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, City and Municipal
standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as
described in the Contract to assure quality of services.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities
so as to ensure compliance by Contractor with this Contractor agreement, with
the CDBG and /or HOME Compliance Documents, and with all other laws,
regulations, and ordinances related to the performance hereof.
Contractor agrees to provide City with any data determined by City to be
necessary for its effective fulfillment of its monitoring and evaluation
responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor
shall make all of its records available to City, HUD, the Comptroller General of
the United States, or any of their authorized representatives, and shall permit
City, HUD, the Comptroller General of the United States, or any of their
authorized representatives to audit, examine, and make excerpts and /or copies
of same. Contractor records shall include, but shall not be limited to, the
following payroll, personnel and employment records; procurement bidding
documents; contracts; sales closing statements; and invoices.
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C The City shall have the right to review and audit all records of the Contractor
pertaining to any payment by the City. Said records shall be maintained for a
period of seven years after the completion of the project.
D. The Contractor shall be required to make reasonable changes in the services
as completed or to be completed if said services fall below the standards and
specifications set forth in the Special Terms and Conditions, Project
Description, or Statement of Work.
XIII SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient
or client for any purpose not directly connected with the City's or the Contractor's
responsibilities with respect to services provided under this Contract is prohibited
except on written consent of the recipient or client, his /her attorney or his /her
responsible parent or guardian or as otherwise provided by law.
XIV ASSIGNMENT AND /OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided
within the terms of this Contract without obtaining prior written approval from the City.
All terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor agrees to provide project line item draw requests, annual
verification of rents, annual audited financial statement to compare income and
expenses, records, documents and accounting procedures which accurately
reflect all direct and indirect costs related to the performance of this Contract.
Such fiscal books, records, documents, reports and other data shall be retained
in a manner consistent with the "Budgeting, Accounting, Reporting System for
Counties and Cities, and Other Local Governments ", hereinafter referred to as
"BARS ", as issued by the Office of State Auditor, State of Washington. The
Contractor further agrees that the City of Yakima ONDS shall have the right to
monitor and audit the fiscal components of the organization to insure that actual
expenditures remain consistent with the terms of this Contract. The Contractor
shall retain all books, records, documents and other material relevant to the
Contract for seven (7) years after settlement of this Contract. The Contractor
agrees that the City of Yakima, the U.S. Department of Housing and urban
Development, the Washington State Auditor, or their designees, shall have full
access to and a right to examine any of said materials at all reasonable times
during said period.
B. The Contractor agrees that any contributions or payments made for services
furnished under this Contract shall be used for the sole benefit of this program.
C. The Contractor agrees to have an audit performed when spending $500,000 or
more in federal awards during a fiscal year A copy of such audit will be
presented upon request to ONDS for monitoring purposes
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XVI PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased wholly
or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per
item, shall upon its purchase or receipt become the property of the City of Yakima
and /or federal government. Final ownership and disposition of such property shall be
determined under the provisions of Attachment N of OMB, A -102. The Contractor shall
be responsible for all such property, including its care and maintenance, and shall
comply with the following procedural requirements -
1 Property records shall be maintained accurately and provide for A description
of the property; manufacturer's serial number or other identification number;
acquisition date and cost; source of the property; percentage of HOME funds
used in the purchase of property; location, use, and condition of the property
2 A physical inventory of property shall be taken and the results reconciled with
the property records at least once every two years to verify the existence,
current utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to prevent
lose, damage, or theft to the property. Any loss, damage, or theft of the
property shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the property
in good condition
5. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of cost,
title to such property shall remain with the Contractor. An election to capitalize
and depreciate or claim acquisition cost as a direct item of cost shall be
irrevocable.
6 Nonexpendable personal property purchased by the Contractor under the terms
of this Contract, in which title is vested in the City of Yakima or Federal
Government shall not be rented, loaned, or otherwise passed to any person,
partnership, corporation, association or organization without the prior express
approval of the City of Yakima ONDS.
7 Any nonexpendable personal property furnished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities defined in this
Contract.
8 As a condition prerequisite to reimbursement for the purchase of
nonexpendable personal property, title to which shall vest in the City of Yakima
ONDS or federal government, the Contractor agrees to execute such security
agreements and other documents as shall be necessary for the City of Yakima
ONDS or federal government to perfect its interest in such property in
accordance with the "Uniform Commercial Code - Secured Transactions" as
codified in Article 9A of RCW Chapter 62A.
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9. The Contractor shall be responsible for any loss or damage to the property of
the City of Yakima ONDS or federal government (including expenses entered
thereunto) which results from negligence, willful misconduct, or lack of good
faith on the part of the Contractor to maintain and administer in accordance with
sound management practices that property, to ensure that the property will be
returned to the City of Yakima ONDS or federal government in like condition to
that in which condition the property was acquired by purchase, fair wear and
tear accepted
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor /city relationship shall be created by
this Contract. The City of Yakima ONDS is interested only in the results to be achieved,
the implementation of services will lie solely with the Contractor. No agent, employee,
or representatives of the Contractor shall be deemed to be an employee, agent, servant
or representative of the City of Yakima for any purpose, and the employees of the
Contractor are not entitled to any of the benefits the City of Yakima provides for City
Employees. The Contractor shall be solely and entirely responsible for its acts and for
the acts of its agents, employees, servants, Subcontractors, or otherwise during the
performance of this Contract.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury insurance, and other
deductions from income which may be required by law or assessed against either party
as a result of this Contract. In the event the City is assessed a tax or assessment as a
result of this Contract, Contractor shall pay the same before it becomes due
XIX QUARTERLY REPORT
The Contractor agrees to submit written quarterly reports outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima ONDS
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the
Contractor and /or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the
City with a certificate of insurance as proof of liability insurance in the amount of
One Million Dollars ($1,000,000.00) that clearly states who the provider is, the
amount of coverage, the policy number, and when the policy and provisions
provided are in effect (any statement in the certificate to the effect of "this
certificate is issued as a matter of information only and confers no right upon
the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Contract. The policy shall name the City, its elected officials,
officers, agents and employees as additional insured, and shall contain a
clause that the insurer will not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice (any language in the
clause to the effect of "but failure to mail such notice shall impose no obligation
or liability of any kind upon the company" shall be crossed out and initiated by
the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
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C COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor
shall provide the City with a certificate of insurance as proof of commercial
automobile liability insurance with minimum liability limit of One Million Dollars
($1,000,000 00) combined single limit bodily injury and property damage
Automobile liability will apply to Any Auto" and be shown on the certificate.
The certificate shall clearly state who the provider is, the amount of coverage,
the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of this certificate is issued as a
matter of information only and confers no right upon the certificate holder" shall
be deleted). Said policy shall be in effect for the duration of this Contract. The
policy shall name the City, its elected officials, officers, agents, and employees
as additional insured /s, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure
to mail such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or= companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
D WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractor's
workers' compensation coverage will be furnished to the City. The contractor
holds the City harmless for any injury or death to the contractor's employees
while performing this Contract.
E INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
All services that are rendered or performed under this Contract shall be performed or
rendered entirely to the Contractor's own risk and the Contractor expressly agrees to
defend, indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees and elected officials from any and all liability, loss, fines, penalties or
damage, including reasonable cost of defense, they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or judgments
against the City of Yakima which result from, arise out of, or are in any way connected
with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City
of Yakima ONDS may pursue such remedies as are legally available including but not
limited to, the termination of this Contract in the manner specified herein.
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A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract
and any of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such
scope and nature that the City of Yakima ONDS deems continuation of
this Contract to be substantially non - beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as
directed by the City of Yakima ONDS or its authorized representative
within the time specified by same,
3. The Contractor has failed within the time specified by the City of
Yakima ONDS or its authorized representative to satisfactorily
substantiate its compliance with the terms and conditions of this
Contract, then
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore
and the effective date provided such effective date shall not be prior to
notification to the Contractor. After this effective date, no charges incurred
under any terminated portions are allowable.
B. TERMINATIONS ON OTHER GROUNDS
This Contract may also be terminated in whole or in part by mutual agreement
of the parties.
C TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF
FUNDING
In the event that funding from the Federal government is withdrawn, reduced or
limited in any way after the effective date of this Contract, and prior to its normal
completion, the City of Yakima ONDS may summarily terminate this Contract as
to the funds reduced or limited, notwithstanding any other termination provision
of this Contract. If the level of funding so reduced or limited is so great that the
City of Yakima ONDS deems that the continuation of the program covered by
this Contract is no longer in the best interest of the public, the City of Yakima
ONDS may summarily terminate this Contract in whole notwithstanding any
other termination provisions of this Contract. Termination under this Section
shall be effective upon receipt of written notice by the Contractor or its
representative
The City of Yakima ONDS agrees to promptly notify the Contractor of any
proposed reduction in funding by Federal or other officials. The Contractor
agrees that upon receipt of such notice it shall take appropriate and reasonable
action to reduce its spending in the affected funding area so that expenditures
do not exceed the funding level which would result if said proposed reduction
became effective.
This Contract may further be terminated by the City of Yakima upon written
demand by the City of Yakima ONDS for assurances that the terms of the
Project Description are being timely complied with, if such assurances are not
made to the City's satisfaction within thirty (30) days of the date of such written
demand.
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D. CLOSEOUT
In the event that this Contract is terminated in whole or in part for any reason,
the following provisions shall apply
1. Upon written request by the Contractor, the City of Yakima shall make
or arrange for payment to the Contractor of allowable reimbursable
costs not covered by previous payments.
2. The Contractor shall submit within fifteen (15) days after the date of
expiration of this Contract, all financial, performance and other reports
required by this Contract, and in addition, will cooperate in a program
audit by the City of Yakima or its designee
3. In the event a financial audit has not been performed prior to closeout
of this Contract, the City of Yakima ONDS retains the right to withhold a
just and reasonable sum from the final payment to the Contractor after
fully considering the recommendation on disallowed costs resulting
from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agency maintained by the Contractor for
the purpose of securing business. The City of Yakima ONDS shall have the right, in the
event of breach of this clause by the Contractor, to annul this Contract without liability
or, in its discretion, to deduct from the Contract price or consideration or otherwise
recover the full amount of such commission, percentage, brokerage or contingent fee
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate this Contract if it is found, after due notice and hearing, by the City
that gratuities in the form of entertainment, gifts, or otherwise offered or given
by the Contractor, or agent or representative of the Contractor, to any officer or
employee of the City of Yakima, with a view towards securing this Contract or
securing favorable treatment with respect to the awarding or amending or the
making of any determinations with respect to this contract.
B. In the event this Contract is terminated as provided in (A) above, the City of
Yakima shall be entitled to pursue the same remedies against the Contractor as
it could pursue in the event of a breach of the Contract by the Contractor. The
rights and remedies of the City of Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law.
C The Contractor warrants and covenants that it presently has no interest and
shall not acquire any interest, directly or indirectly, which could conflict in any
manner or degree with the performance of its services hereunder. The
Contractor further warrants and covenants that in the performance of this
contract, no person having such interest shall be employed
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XXV RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement.
The Contractor hereby grants to the City of Yakima, a royalty -free, non - exclusive, and
irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter covered by copyright: Provided,
that with respect to data not originated in the performance of this Contract such license
shall be only to the extent that the Contractor has the right to grant such license without
becoming liable to pay compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of
delivery of data furnished under this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied from work not composed or
produced in the performance of this agreement and not licensed under this clause. The
Contractor shall report to the City of Yakima ONDS, promptly and in written detail, each
notice or claim of copyright infringement received by the Contractor with respect to all
data delivered under this agreement. The Contractor shall not affix any restrictive
markings upon any data, and if such markings are affixed, the City of Yakima ONDS
shall have the right at any time to modify, remove, obliterate, or ignore such markings.
XXVI RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided
herein, the inconsistency shall be resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including
HUD CDBG Regulations.
2 General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement of
work /project description, approved HUD grant budget, in the order in which
attached, (Exhibit B),
4 City of Yakima Resolution No. R -2014- (Exhibit C), and
5 Any other provisions whether incorporated by reference herein or otherwise
provided that nothing herein shall be construed as giving preference to
provisions of this contract/grant award over any provisions of law.
XXVII GOVERNING LAW
This Contract has been and shall be construed as having been entered into and
delivered within the State of Washington, and it is mutually understood and agreed by
each party hereto that this Contract shall be governed by laws of the State of
Washington, both as to interpretation and performance
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior
Court of Washington for Yakima County, Washington.
XXIX MODIFICATION
Either party may request changes in this Contract, however, no change or addition to
this Contract shall be valid or binding upon either party unless such change or addition
be in writing, and executed by both parties, except budget adjustments as specified in
Section IV of this Contract.
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XXX SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of
this Contract is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected; and the rights and obligations of the parties shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
If it should appear that any provision hereof is in conflict with any statutory provision of
the United States or the State of Washington, said provision which may conflict,
therewith, and shall be deemed modified to conform to such statutory provision.
XXXI PROGRAM INCOME
Any program income shall be accounted for by the Contractor, over the contract time
period, and shall be reported to the City. Income is to be used to continue or benefit the
program, as determined by the intent and purpose of the project.
XXXII RETURN OF FUNDS
The Contractor shall return to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
1 The Contractor materially changes the primary purpose and scope of the Project as
described on Exhibit "B" to the
2 Contract. The Contractor is unable to continue and /or provide services as described in
Exhibit "B ".
15 of 17 City of Yakima 7/10/2014 Page 15
Exhibit "B"
Yakima Valley Partners Habitat for Humanity
A.) PROPOSAL SUMMARY /PROJECT ABSTRACT
Yakima Valley Partners Habitat for Humanity will demolish the substandard
existing structure and construct a single family home located at 402 S 10 Street
and sell it to a qualified low income first time homebuyer and monitor the
"Affordability Period" for a period of no less than Ten (10) years, after which all
net proceeds shall be granted to Habitat.
B.) ASSESSMENT OF NEED /PROBLEM STATEMENT
Habitat for Humanity will provide the demolition of the substandard existing
structure, the construction of a new single family dwelling to be sold to a qualified
low to moderate income first time homebuyer and monitor the project for a Ten
(10) year affordability period in exchange for all net proceeds redeemed from the
sale of the home located at 402 S 10th Street.
C.) PROGRAM GOAL AND OBJECTIVES
Goal
Demolish a substandard building and create another affordable single family
residence within in the City of Yakima.
Objectives
1. Demolish the existing substandard structure.
2. Construct a new single family dwelling.
3. Sell the new single family home to a qualified low to moderate first time
homebuyer.
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it
will expire at midnight, Yakima Valley Habitat for Humanity will demolish the
existing substandard structure, construct a new single family dwelling to be sold to
a qualified low to moderate income first time homebuyer to be monitored for a ten
(10) year affordability period per HUD regulations governing HOME Investment
funded projects.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, Habitat for Humanity will,
1. Demolish the existing substandard structure
2. Construct a new single family dwelling
3. Affect the sale of the property and dwelling to a qualified low to moderate income
first time homebuyer.
4. Agree to monitor the property at 402 S 10th Street for a period of no less than a
ten (10) year affordability period as per HOME Investment requirements.
F.) BUDGET
Yakima Valley Habitat for Humanity will be reimbursed up to $20,000 between
16 of 17 City of Yakima 7/10/2014 Page 16
the contract execution date and terminate on July 7, 2015 at midnight, for eligible
activities.
17 of 17 City of Yakima 7/10/2014 Page 17
(THIS PAGE LEFT BLANK INTENTIONALLY FOR "EXHIBIT C RESOLUTION ")
18 of 17 City of Yakima 7/10/2014 Page 18
Exhibit "D"
SERVICES PROVIDED
A.) As a condition of reimbursement, Habitat for Humanity will,
Demolish the existing substandard Structure
B.) Construct a new single family dwelling located at 402 S 10th Street.
C.) Affect the sale of the property and dwelling to a qualified low to moderate income first
time homebuyer as per HUD regulations governing HOME Investment funds.
B.) Monitor the property at 402 S 10th Street for a period of no less than a ten (10) year
affordability period as per HOME Investment requirements.
19 of 17 City of Yakima 7/10/2014 Page 19
1909 50Lotik
1V'''' Au•e.
SUBSTITUTED AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
AND AWARDEE — HABITAT FOR HUMANITY
(1409 South 16 Avenue)
1. AWARDEE: Yakima Valley Partners Habitat for Humanity
2. Address: 21 W. Mead Ave. Ste 110, Yakima, WA. 98902
3. Phone: (509) 453 -8077
4. Contact Person: Steve Luten ,
5. Title of Service or Program being funded: New Construction of single family
home located at 1409 South 16 Avenue.
6.
7. Amount of Contract Award. $20,000 (HOME) CFDA Contract # 14.218
7. The term of this Contract shall commence upon the execution date of
Contractors' receipt of "Letter to Proceed" from City of Yakima Office or
Neighborhood Development Services and terminate on July 7, 2015 at
midnight, unless sooner terminated by either party in accordance with Section
XXII of Exhibit "A ", attached hereto and incorporated herein by this reference.
8. This contract award and the rights and obligations of both parties hereto shall
be subject to and governed by the following:
(a) "Terms and Conditions" attached hereto as Exhibit "A" and
incorporated herein by this reference; and
(b) Operating budget including the funding sources and uses
statement and the work plan, attached hereto as Exhibit "B" and incorporated
herein by this reference.
(c) City of Yakima Resolution No. R- 2014 -100, a copy of which is
attached hereto as Exhibit "C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B ", and satisfaction of all contract terms and conditions as
stated in Exhibit "A ", Exhibit "B" and Exhibit "C ".
This written document, together with all of the incorporated exhibits hereto, constitutes
the entire Contract and terms of agreement between the parties hereto.
IN WITNESS THE OF the parties have executed this Contract as of the day and
year stated below
CI OF YAKIM AWA EE: Habitat r Humanity
Vii' Ro IZi. City Manager AreCIT0 Title: c, fru , c. � 17 g
Date: / /C ?/ 5 1200/
Date: ,/31 S`
1 of 20 City of Yakima 8/26/2015
11111 401 — ri
/ /
Joan I:'enport, CDD Dire:tor
Dat:.
AT ST
Lrtg 11 , /I /l ( i �
Son CI Cl. Tee, City Clerk
1,` pi A r•
City Contract No.: 2014 -154
2 of 20 City of Yakima 8/26/2015
EXHIBIT "A"
TERMS AND CONDITIONS
WITNESSETH
WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program
Funds from the U.S. Department of Housing and Urban Development (HUD), including
funds that are reserved forthe use of Community Housing Development Organizations
(CHDOs); and
WHEREAS, the AWARDEE has been certified with the CITY as a CHDO, and has
submitted a proposal for use of CHDO funds for a CHDO - eligible project under HOME
regulations;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein
contained, including the Attachments, and subject to the terms and conditions
hereinafter stated, the parties hereto understand and agree as follows:
Section I — Definitions
A. AGENCY — is hereby defined as the Office of Neighborhood Development Services,
the HOMEProgram administering agency of the City of Yakima. For the purpose of this
Agreement and all administration of HOME funds, the AGENCY shall act on behalf of
the CITY in the execution and fiscal and programmatic control of this agreement. The
term "Approval by the CITY" or like term used in this Agreement shall in no way relieve
the AWARDEE from any duties or responsibilities under the terms of this Agreement,
or obligation State or local law or regulation.
B. FEE — is hereby defined as the amount of money the CITY agrees to pay and the
AWARDEE agrees to accept as payment in full for all the professional, technical and
construction services rendered pursuant to this Agreement to complete the WORK as
further defined in Section III -SCOPE OF WORK, hereof.
C. WORK — is hereby defined as all the professional, technical and construction
services to berendered or provided by the AWARDEE as described here.
D. PROJECT — is defined in Section IV below.
E. HOME — is hereby defined as the HOME Investment Partnerships Program as
described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 -
12839.
Section II — Term
The AWARDEE expressly agrees to complete all work required by this agreement in
accordancewith the timetable set forth.
Milestone Deadline
Project Start Date.Date of signature.
Interim Milestones /Deadlines (list below):
Project Completion Date: July 7, 2015
In addition, this project is subject to ongoing compliance requirements of HOME for
Ten (10) years from the date of initial occupancy. During this compliance period, the
AWARDEE will assure continuedcompliance with HOME requirements For homebuyer
units this includes monitoring units for principal residency and recapture of funds at
3 of 20 City of Yakima 8/26/2015
time of resale. For rental units, this includes ongoing property standards, occupancy
and rent limits compliance. Timely completion of the work specified in this agreement is
an integral and essential part of performance The expenditure of HOME funds is
subject to Federal deadlines and could result in the loss of the Federal funds. By the
acceptance and execution of this agreement, it is understood and agreed by the
AWARDEE that the PROJECT will be completed as expeditiously as possible and that
the AWARDEE will make every effort to ensure that the project will proceed and will not
be delayed. Failure to meet these deadlines can result in cancellation of this contract
and the revocation of HOME funds. Since it is mutually agreed that time is of the
essence as regards this agreement, the AWARDEE shall cause appropriate provisions
to be inserted in all contracts or subcontracts relative to the work tasks required by this
agreement, in order to ensure that the PROJECT will be completed according to the
timetable set forth. It is intended that such provisions inserted in any subcontracts be,
to the fullest extent permitted by law and equity, binding for the benefit of the CITY and
enforceable by the CITY against the AWARDEE and its successors and assigns to the
project or any part thereof or any interest therein.
In the event the AWARDEE is unable to meet the above schedule or complete the
above services because of delays resulting from Acts of God, untimely review and
approval by the CITY and other governmental authorities having jurisdiction over the
PROJECT, or other delays that are not caused by the AWARDEE, the CITY shall grant
a reasonable extension of time for completion of the WORK. It shall be the
responsibility of the AWARDEE to notify the CITY promptly in writing whenever a delay
is anticipated or experienced, and to inform the CITY of all facts and details related to
the delay.
Section III — Scope of Work
The AWARDEE, in close coordination with the CITY, shall perform all professional
services (the "WORK ") necessary to complete the development and occupancy of the
following project in fullcompliance w. Exhibit "B "project description, including HOME -
assisted units description & compliance term)
It is understood that the AWARDEE will provide a specific working budget and realistic
timetable as relates to: acquisition, construction /rehabilitation, soft costs, development
fees and other allowable costs /activities prior to any fund usage. Said budget shall
identify all sources and uses of funds, and allocate HOME and non -HOME funds to
activities or line items. The aforementioned Work tasks will be performed in essentially
the manner proposed in the AWARDEE's proposal as received by the AGENCY on
May 8, 2014. The aforementioned document will be considered to be a part and portion
of this agreement for reference.
Section IV — Reimbursement of Expenses & Developer Fees
A. GENERAL
Project expenses (excluding developer fee) shall be paid based on vouchers for
actual expenses incurred or paid. Requests for payment must be submitted by
the AWARDEE on forms specified by the CITY, with adequate and proper
documentation of eligible costs incurred in compliance with 92 206 and
necessary for HUD IDIS disbursement requirements. All such expenses shall be
in conformance to the approved project budget. Budget revision and approval
shall be required prior to payment of any expenses not conforming to the
approved project budget.
4 of 20 City of Yakima 8/26/2015
The City reserves the right to hold payment until adequate documentation has
been provided by the Contractor and reviewed by the City. The Contractor
agrees to the following provisions in satisfying the terms and conditions of this
contract:
B. PAYMENT AND DISBURSEMENTS:
Disbursements by the City of Yakima from this contract/grant award shall be on
a reimbursement basis covering actual expenditures by the Contractor or
obligations of the Contractor currently due and owing, but not paid.
Disbursements shall be limited to allowable costs and so shall be made upon
the occurrence of all the following, in addition to any other conditions contained
herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement
request on forms provided by the City of Yakima ONDS
supported by copies of vouchers, invoices, salary and wage
summaries, or other acceptable documentation; and
2. Determination by the City of Yakima ONDS that the expenditures
or obligations for which reimbursement is sought constitute
allowable costs under the principles set forth in Federal
Management Circular 74 -4 "eligible costs under the CDBG
Program" and that also fall within the applicable Project Budget.
The Contractor shall submit monthly written claims for reimbursement of
services performed under this Agreement.
C. No payment shall be made for any service rendered by the Contractor except
for services within the scope of a category set forth in the budget in Exhibit "B"
of this Contract, and all funds received must be used for service as identified in
Exhibit "B" of this Contract.
D 1. The Contractor shall submit to the City of Yakima ONDS a written
request for approval of budget revision when a proposed revision would result
in an increase or decrease of ten percent (10 %) or more per home, from what
has been set forth in the approved budget subject category. The City's written
budget revision approval must be received by the Contractor prior to the
Contractor incurring any expenditures against the revised budget subject
categories.
2. When the revision of the Contractor budget does not exceed ten percent
(10 %) of an approved budget subject category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
E. CITY reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable. The CITY also
reserves the right to hold payment until adequate documentation has been
provided and reviewed.
F. AWARDEE may submit a final invoice upon completion Final payment shall be
made afterthe CITY has determined that all services have been rendered, files
5 of 20 City of Yakima 8/26/2015
and documentation delivered, and units have been placed in service in full
compliance with HOME regulations, including submission of a completion report
and documentation of eligible occupancy, property standards and long -term use
restrictions.
G. CITY shall have the right to review and audit all records of the AWARDEE
pertaining to any payment by the CITY. Said records shall be maintained for a
period of five years aftercompletion.
Section V — Project Requirements
The AWARDEE agrees to comply with all requirements of the HOME Program as
stated in 24 CFRPart 92, including but not limited to the following.
A. No HOME project funds will be advanced, and no costs can be incurred, until the
City has conducted an environmental review of the proposed project site as required
under 24 CFR Part 58. The environmental review may result in a decision to proceed
with, modify or cancel theproject. Notwithstanding any provision of this Agreement, the
parties hereto agree and acknowledge that this Agreement does not constitute a
commitment of funds or site approval, and that such commitment of funds or approval
may occur only upon satisfactory completion of environmental review and receipt by
the CITY of a release of funds from the U.S. Department of Housing and Urban
Development [or the State of Washington] under 24 CFR Part §58. Further, the
AWARDEE will not undertake or commit any funds to physical or choice - limiting
actions, including property acquisition, demolition, movement, rehabilitation,
conversion, repair or construction prior to the environmental clearance, and must
indicate that the violation of this provision may result in the denial of any funds under
the agreement.
B Any HOME funds advanced to the PROJECT will be secured by a note and
mortgage, and inthe case of a rental project, a deed covenant as required by 24 CFR
Part 92.
C. The AWARDEE will ensure that any expenditure of HOME funds will be in
compliance with the requirements at 92.206, and acknowledges that HOME funds will
only be provided as reimbursement for eligible costs incurred, including actual
expenditures or invoices for work completed.
D. If the project is to be owner - occupied, the AWARDEE will ensure that all HOME
assisted unitswill be in compliance with 24 CFR 92.254, including documenting that the
property is eligible under 92.254(a)(1) — (2), and will maintain compliance during the
minimum compliance period. (If the property also contains a rental unit assisted with
HOME funds, the AWARDEE will ensure that occupancy complies with the
requirements of 92.254(a)(6).) If the project is to be a rental, the AWARDEE will ensure
that that project is eligible under 92.214, and that it will meet the applicable standards
of 24 CFR 92.252 253 at occupancy and for the minimum compliance period.
E The designated HOME - assisted units of this PROJECT will meet the affordability
requirements as found in 24 CFR 92 252 (rental) or 92.254 (owner- occupied) as
applicable. The AWARDEE shall collect and maintain Project beneficiary information
pertaining to household size, income levels, racial characteristics, and the presence of
Female Headed Households in order to determine low and moderate - income benefit in
a cumulative and individual manner. Income documentation shall be in a form
consistent with HOME requirements as stated in the HUD Technical Guide for
6 of 20 City of Yakima 8/26/2015
Determining Income and Allowances Under the HOMEProgram
F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with
all nondiscrimination requirements of 24 CFR 92 350. If the project consists of 5 or
more units, the AWARDEE will implement affirmative marketing procedures as required
by 24 CFR 92.351. Such procedures are subject to approval of the AGENCY.
G If the PROJECT is occupied at the time of this commitment, the AWARDEE will
comply with the relocation requirements of 24 CFR 92.353
H. AWARDEE shall assure compliance with 24 CFR 92.251 as relates to Property
Standards and Housing Quality Standards (HQS), Accessibility Standards under 24
CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24
CFR 92.355 and 24 CFR Part 35.
I. If the PROJECT is to be owner - occupied, the AWARDEE shall assure that any
NOTES and MORTGAGES recorded for homebuyers shall be in compliance with 24
CFR 92.254 and that the AWARDEE will monitor each unit for principal residency
(under 92.254(a)(3)) and resale /recapture (under 92.254 (a)(4) — (5)).
J. AWARDEE will provide any documentation required by the AGENCY regarding
match as may be required to document match for purposes of the HOME program.
K. If any project under this agreement involves the construction or rehabilitation of 12
or more HOME - assisted units, the AWARDEE shall comply with the provisions of the
Davis -Bacon Act (40 U.S C. 276 a to a - 7) as supplemented by AGENCY of Labor
regulations (29 CFR, Part 5),as amended.
L. If the property is sold through a lease- purchase agreement, the AWARDEE will
ensure compliance with 92.254(a)(7), as modified by the 1999 Appropriations Act,
Section 599B.
M. AWARDEE will be monitored by the AGENCY for compliance with the regulations of
24 CFR 92 for the compliance period specified above. The AWARDEE will provide
reports and access to project files as requested by the AGENCY during the PROJECT
and for Five (5) yearsafter completion and closeout of the AGREEMENT.
Section VI — Repayment of Loan
A. All HOME funds are subject to repayment in the event the PROJECT does not meet
the ProjectRequirements as outlined above
B. It is understood that upon the completion of the PROJECT, any HOME funds
reserved but notexpended under this agreement will revert to the CITY.
C. If the PROJECT is for owner - occupancy, the AWARDEE shall lend the HOME
funds to the individual buyers in an amount sufficient to make the purchase affordable.
Any HOME funds that reduce the price of the property below the fair market value of
the property shall be secured by a HOME note and mortgage as required in
92.254(a)(5)(ii), using the note and mortgage prescribed or approved by the AGENCY
(and consistent with the method of recapture identified in the CITY's "Consolidated
Plan "). All net sales proceeds from the sale of units are considered to be CDHO
proceeds that may be retained by the AWARDEE and used in conformance with 24
CFR 92.300(a)(2), to be retained by the CDHO and used to further affordable housing
for qualified first time home buyers within the City of Yakima.
7 of 20 City of Yakima 8/26/2015
Section VII — CHDO Provisions
It is understood that the AWARDEE has certified that it is and will maintain CHDO
(Community Housing Development Organization) status for the term of the
PROJECT /AGREEMENT in accordance with 24 CFR 92. The AWARDEE agrees to
provide information as may be requested by the AGENCY to document its continued
compliance, including but not limited to an annual board roster and certification of
continued compliance. Any funds advanced as CHDO pre - development funds must be
in compliance with 92 301, and are forgivable only under the terms in 92.301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in
compliance with 24 CFR 92 208. Any funds that the CHDO is permitted to retain as
CHDO proceeds from this project shall be used in compliance with 24 CFR
92.300(a)(2) or as specified in this Agreement. If the project is rental, the AWARDEE
will create and follow a tenant participation plan as required in 24 CFR 92.303.
Section VIII — Procurement Standards
The AWARDEE shall establish procurement procedures to ensure that materials and
services are obtained in a cost - effective manner. When procuring for services to be
provided under this agreement, the AWARDEE shall comply at a minimum with the
nonprofit procurement standards at 24 CFR 84.40 - .48.
In addition, the following requirements are imposed on any procurement under this
PROJECT -
Any personal property having a useful life of more than one year and purchased wholly
or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per
item, shall upon its purchase or receipt become the property of the City of Yakima
and /or federal government. Final ownership and disposition of such property shall be
determined under the provisions of Attachment N of OMB, A -102. The Contractor shall
be responsible for all such property, including its care and maintenance, and shall
comply with the following procedural requirements:
1 Property records shall be maintained accurately and provide for: A
description of the property; manufacturer's serial number or other
identification number; acquisition date and cost; source of the property;
percentage of HOME funds used in the purchase of property; location,
use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled
with the property records at least once every two years to verify the
existence, current utilization, and continued need for the property
3. A control system shall be in effect to insure adequate safeguards to
prevent lose, damage, or theft to the property. Any loss, damage, or
theft of the property shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the
property in good condition.
5. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item
of cost, title to such property shall remain with the Contractor. An
8 of 20 City of Yakima 8/26/2015
election to capitalize and depreciate or claim acquisition cost as a direct
item of cost shall be irrevocable.
6. Nonexpendable personal property purchased by the Contractor under
the terms of this Contract, in which title is vested in the City of Yakima or
Federal Government shall not be rented, loaned, or otherwise passed to
any person, partnership, corporation, association or organization without
the prior express approval of the City of Yakima ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities
defined in this Contract.
8. As a condition prerequisite to reimbursement for the purchase of
nonexpendable personal property, title to which shall vest in the City of
Yakima ONDS or federal government, the Contractor agrees to execute
such security agreements and other documents as shall be necessary
for the City of Yakima ONDS or federal government to perfect its interest
in such property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9A of RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the
property of the City of Yakima ONDS or federal government (including
expenses entered thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the Contractor to
maintain and administer in accordance with sound management
practices that property, to ensure that the property will be returned to the
City of Yakima ONDS or federal government in like condition to that in
which condition the property was acquired by purchase, fair wear and
tear accepted.
In addition, it is understood that any AWARDEE that can be considered to be a
religious organization shallabide by all portions of 24 CFR 92 257.
Section IX — Conflict of Interest Provisions
The AWARDEE warrants and covenants that it presently has no interest and shall not
acquire anyinterest, directly or indirectly, which could conflict in any manner or degree
with the performance of its services hereunder. The AWARDEE further warrants and
covenants that in the performanceof this contract, no person having such interest shall
be employed. HOME conflict of interest provisions, as stated in 92.356, apply to the
award of any contracts under the agreement and the selection of tenant households to
occupy HOME - assisted units No employee, agent, consultant, elected official, or
appointed official of the AWARDEE may obtain a financial interest or unit benefits from
a HOME - assisted activity, either for themselves or those with whom they have family or
business ties, during their tenure or for one year thereafter. This prohibition includes
the following:
• Any interest in any contract, subcontract or agreement with respect to a HOME -
assisted project or program administered by the AWARDEE, or the proceeds
thereunder; or
9 of 20 City of Yakima 8/26/2015
• Any unit benefits or financial assistance associated with HOME projects or
programs administered by the AWARDEE, including
Occupancy of a rental housing unit in a HOME - assisted rental project;
Receipt of HOME tenant -based rental assistance;
Purchase or occupancy of a homebuyer unit in a HOME - assisted
project;
Receipt of HOME homebuyer acquisition assistance, or
Receipt of HOME owner - occupied rehabilitation assistance
This prohibition does not apply to an employee or agent of the AWARDEE who
occupies a HOME assisted unit as the on -site project manager or maintenance worker.
In addition, no member of Congress of the United States, official or employee of HUD,
or official or employee of the Participating Jurisdiction shall be permitted to receive or
share any financial or unit benefits arising from the HOME - assisted project or program.
Prior to the implementation of the HOME - assisted activity, exceptions to these
provisions may be requested by the AWARDEE in writing to the Participating
Jurisdiction. The AWARDEE must demonstrate and certify that the policies and
procedures adopted for the activity will ensure fair treatment of all parties, and that the
covered persons referenced in this policy will have no inside information or undue
influence regarding the award of contracts or benefits of the HOME assistance. The
Jurisdiction may grant exceptions or forward the requests to HUD as permitted by24
CFR 92.356, 85.36 and 84.42, as they apply.
Section X — City Responsibilities
CITY shall furnish the AWARDEE with the following services and information from
existing CITY records and CITY files:
A. CITY shall provide to the AWARDEE information regarding its requirements for the
PROJECT.
B. CITY will provide the AWARDEE with any changes in HOME regulations or program
limits that affect the project, including but not limited to income limits, property value
limits and rent limits.
C. CITY will conduct progress inspections of work completed to protect its interests as
lender and regulatory authority for the project, and will provide information to the
AWARDEE regarding any progress inspections or monitoring to assist it in ensuring
compliance. CITY's review and approval of the WORK will relate only to overall
compliance with the general requirements of this Agreement and HOME regulations,
and all CITY regulations and ordinances. Nothing contained herein shall relieve the
AWARDEE of any responsibility as provided under this Agreement.
Section XI — Equal Employment Opportunity
During the performance of this contract, the AWARDEE agrees as follows:
A. AWARDEE will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin(s). The AWARDEE will take
10 of 20 City of Yakima 8/26/2015
affirmative action to ensure the applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national
origin(s). Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The AWARDEE agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer of the CITY setting forth the provisions of this nondiscrimination
clause.
B. AWARDEE will, in all solicitations or advertisements for employees placed by or on
behalf of the AWARDEE, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
C. AWARDEE will send to each labor union or representative of workers with which he
has acollective bargaining agreement or other contract or understanding, a notice to be
provided by the CITY's contracting officer, advising the labor union or worker's
representative of the AWARDEE's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
D. AWARDEE will comply with all provisions of Executive Order 11246 of September
24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
E. AWARDEE will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to its books, records,
and accounts by the AGENCY and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and order.
F. In the event the AWARDEE is found to be in noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part and
the AWARDEE may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the
Secretary of Labor or as otherwise provided by law.
G. AWARDEE will include the provisions of paragraphs (a) through (g) of this
agreement in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The AWARDEE will take such action with respect
to any subcontract or purchase order as the AGENCY may direct as a means of
enforcing such provisions, including sanctions for noncompliance; provided, however,
that in the event the AWARDEE becomes involved in, or is threatened with litigation
with a subcontractor or vendor as a result of such direction by the AGENCY, the
AWARDEE may request the United States to enter into such litigation to protect the
interest of the United States.
Section XII — Labor, Training & Business Opportunity
AWARDEE agrees to comply with the federal regulations governing training,
employment andbusiness opportunities as follows:
11 of 20 City of Yakima 8/26/2015
A. It is agreed that the WORK to be performed under this agreement is on a project
assisted under a program providing direct Federal financial assistance from the US
Department of Housing and Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u, as well as any and all applicable amendments thereto. Section 3 requires that,
to the greatest extent feasible, opportunities for training and employment be given low
and moderate income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the project area
B AWARDEE shall comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth
in 24 Code of Federal Regulations and all applicable rules and orders of the AGENCY
of Housing and Urban Development issued thereunder as well as any and all
applicable amendments thereto prior to the execution of this contract as well as during
the term of this contract. The AWARDEE certifies and agrees that it is under no
contractual or other disability, which would prevent it from complying with these
requirements as well as any and all applicable amendments thereto.
C. AWARDEE will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the CITY, take appropriate action
pursuant to the subcontractor upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, in 24 Code of
Federal Regulations. The AWARDEE will not subcontract with any subcontractor where
it has notice or knowledge that the latter has been found in violation of regulations
under 24 code of Federal Regulations and will not let any subcontract unless the
subcontractor has first provided it with a preliminary statement of ability to comply with
these requirements as well as with any and all applicable amendments thereto.
D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of
Federal Regulations and all applicable rules and orders of the AGENCY of Housing
and Urban Development issued thereunder prior to the execution of the contract shall
be a condition precedent to federal financial assistance being provided to the
PROJECT as well as a continuing condition, binding upon the applicant or recipient for
such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the AWARDEE or recipient, its contractors and subcontractors, its successors,
and assigns to those sanctions specified by 24 Code of Federal Regulations as well as
with any and all applicable amendments thereto.
Section XIII — Compliance with Federal, State & Local Laws
A. GENERAL. The AWARDEE covenants and warrants that it will comply with
all applicable laws, ordinances, codes, rules and regulations of the state local and
federal governments, and all amendments thereto, including, but not limited to; Title 8
of the Civil Rights Act of 1968 PL.90 -284; Executive Order 11063 on Equal Opportunity
and Housing Section 3 of the Housing and Urban Development Act of 968; Housing
and Community Development Act of 1974, as well as all requirements set forth in 24
CFR 92 of the HOME INVESTMENT PARTNERSHIP PROGRAM. The AWARDEE
covenants and warrants that it will indemnify and hold the City forever free and
harmless with respect to any and all damages whether directly or indirectly arising out
of the provisions and maintenance of this contract. AWARDEE agrees to comply with
all applicable standards, orders, or requirements issued under section 306 of the Clean
Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR
12 of 20 City of Yakima 8/26/2015
part 15) AWARDEE further warrants and agrees to include or cause to be included the
criteria and requirements of this section in every non - exempt subcontract in excess of
$100,000. AWARDEE also agrees to take such action as the federal, state or local
government may direct to enforce aforesaid provisions.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS.
The following federal provisions may apply, among others, to this Contract:
1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND LOWER
TIER COVERED TRANSACTIONS
(a) AWARDEE, defined as the primary participant and it principals,
certifies by signing these General Terms and Conditions that to
the best of its knowledge and belief that they:
(b) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency.
(c) Have not within a three -year period preceding this Agreement,
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
tax evasion, receiving stolen property, making false claims, or
obstruction of justice;
(d) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph
(1)(b) of this section, and
(i) Have not within a three -year period preceding the signing
of this Agreement had one or more public transactions (Federal,
State, or local) terminated for cause of default.
(ii) Where the AWARDEE is unable to certify to any of the
statements in this Agreement, the AWARDEE shall attach an
explanation to this Agreement.
(iii) The AWARDEE agrees by signing this Agreement that it
shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered
transaction.
(iv) The AWARDEE further agrees by signing this Agreement
that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -
13 of 20 City of Yakima 8/26/2015
Lower Tier Covered Transaction," as follows, without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
(e) LOWER TIER COVERED TRANSACTIONS
(i) Each lower tier contractor certifies, by signing this
Agreement that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency
(ii) Where the lower tier contractor is unable to certify to any
of the statements in this Agreement, such contractor shall
attach an explanation to this Agreement.
2. Office of Federal Contract Compliance Programs regulations, 41 CFR
Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24
CFR 570.601 (Discrimination prohibited).
3. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831
et seq , and HUD regulations implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The Contractor shall provide whatever
assistance is necessary to enable the City of Yakima's Building Official to carry
out its inspection and certification responsibility under those regulations.
4. Historic and Archaeological Preservation requirements as set forth in 24
CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American
Burial Law), RCW 27.53.010 -.090 (Protection of Archaeological Resources),
and RCW 43.51.750 -.820 (Preservation of Historic Properties).
5. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et
seq , implementing regulations, and Chapter 70.92 RCW.
6. Accessibility Standard as set forth in 92.251(a)(3).
7. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental
Protection Agency regulations, 40 CFR Part 15.
8. Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for project
area businesses and low income persons)
9. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-
333, (Overtime Compensation).
10 Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and
RCW Chapter 3 — 12 (Prevailing Wage Rates).
11. Attachment 0 of the Office of management and Budget Circular, A -102
(Procurement Standards) and Federal Management Circular, FMC 74 -4.
12. The Uniform Relocation Assistance and Real Property Acquisition
14 of 20 City of Yakima 8/26/2015
Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts
42 and 570.
13. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) as amended, and
HUD regulations with respect thereto including the regulations under 24 CFR
Part 1. In the sale, lease or other transfer of land acquired, cleared or improved
with assistance provided under this Agreement, and Contractor shall cause or
require a covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination upon the basis of race, color, religion,
sex, or national origin, in the sale, lease or rental, or in the use or occupancy of
such land or any improvements erected or to be erected thereon, and providing
that the Contractor, the County, and the United States are beneficiaries of and
entitled to enforce such covenant. The Contractor, in undertaking its obligation
in carrying out the program assisted hereunder, agrees to take such measures
as are necessary to enforce such covenant and will not itself so discriminate.
14. Age Discrimination Act of 1975 (24 CFR 146).
15. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
16. Washington State /Local Building Codes /Housing Quality Standards (24
CFR 882.109).
17. WBE /MBE (24 CFR 85.36 (e)).
Section XIV — Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the
AWARDEE materially fails to comply with any term of the award, and that the award
may be terminated for convenience in accordance with 24 CFR 85.44.
If, through any cause, the AWARDEE shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the AWARDEE shall violate any of the covenants,
agreements, or stipulations of this contract, the CITY shall thereupon have the right to
terminate this contract by giving written notice to the AWARDEE of such termination
and specifying the effective date thereof, at least five (5) days before the effective date
of such termination. In such event, the AWARDEE shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder to the date of
said termination. Notwithstanding the above, the AWARDEE shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach of the
contract by the AWARDEE and the CITY may withhold any payments to the
AWARDEE for the purpose of setoff until such time as the exact amount of damages
due the CITY from the AWARDEE is determined whether by court of competent
jurisdiction or otherwise.
Section XV — Termination for Convenience of the CITY
The CITY may terminate for its convenience this contract at any time by giving at least
thirty (30) days notice in writing to the AWARDEE If the contract is terminated by the
CITY, as provided herein, the City will reimburse for any actual and approved expenses
incurred, including those costs involved in terminating the contracts and shutting down
the work as of the date of notice, and the AWARDEE will be paid as a FEE an amount
which bears the same ratio to the total compensation as the services actually
performed bear to the total service of the AWARDEE covered by this contract, less
payments of compensation previously made. Claims and disputes between the parties
15 of 20 City of Yakima 8/26/2015
will be submitted to the American Arbitration Association for resolution. Award or
judgment may be entered in any court having jurisdiction thereof.
Section XVI — Default -Loss of Grant Funds
If the AWARDEE fails in any manner to fully perform and carry out any of the terms,
covenants, and conditions of the agreement, and more particularly if the AWARDEE
refuses or fails to proceedwith the work with such diligence as will insure its completion
within the time fixed by the schedule set forth in Exhibit B of this agreement, the
AWARDEE shall be in default and notice in writing shall be given to the AWARDEE of
such default by the AGENCY or an agent of the AGENCY. If the AWARDEE fails to
cure such default within such time as may be required by such notice, the CITY, acting
by and through the AGENCY, may at its option terminate and cancel the contract. In
the event of such termination, all grant funds awarded to the AWARDEE pursuant to
this agreement shall be immediately revoked and any approvals related to the
PROJECT shall immediately be deemed revoked and canceled. In such event, the
AWARDEE will no longer be entitled to receive any compensation for work undertaken
after the date of the termination of this agreement, as the grant funds will no longer be
available for this project. Such termination shall not effect or terminate any of the rights
of the CITY as against the AWARDEE then existing, or which may thereafter accrue
because of such default, and the foregoing provision shall be in addition to all other
rights and remedies available to the CITY under the law and the note and mortgage (if
in effect), including but not limited to compelling the AWARDEE to complete the project
in accordance with the terms of this agreement, in a court of equity. The waiver of a
breach of any term, covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, or condition hereof.
Section XVII — Reporting Responsibilities
AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY
to the AGENCY on the following due dates October 1, January 1, April 1, and July 1,
next following thedate of this agreement. The AGENCY will send the AWARDEE one
reminder notice if the quarterly report has not been received fourteen (14) days after
the due date If the AWARDEE has not submitted a report fourteen (14) days after the
date on the reminder notice, the CITY will have the option to terminate the contract as
described in this agreement. In addition, the AWARDEE agrees to provide the
AGENCY information as required to determine program eligibility, in meeting national
objectives, and financial records pertinent to the project. Additional reporting
requirements are included in Exhibit B
Section XVIII — Inspection, Monitoring & Access to Records
CITY reserves the right to inspect, monitors, and observe work and services performed
by theAWARDEE at any and all reasonable times. CITY reserves the right to audit the
records of the AWARDEE any time during the performance of this Agreement and for a
period of five years after final payment is made under this Agreement. If required, the
AWARDEE will provide the AGENCY with a certified audit of the AWARDEE's records
representing the Fiscal Year during which the PROJECT becomes complete whenever
the amount listed in SECTION VII is at or exceeds $300,000, pursuant to the
requirements of OMB Circular A -133 Access shall be immediately granted to the CITY,
HUD, the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the AWARDEE or its
contractors which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
Section XIX — General Conditions
A. All notices or other communication which shall or may be given pursuant to this
16 of 20 City of Yakima 8/26/2015
Agreement shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein or as the
same may be changed from time to time. Such notice shall be deemed given on the
day on which personally served; or, if by mail, on the fifth day after being posted or the
date of actual receipt, whichever is earlier.
City address: City Manager
Yakima City Hall
129 North 2nd Street
Yakima, Washington 98901
Awardee address: Habitat for Humanity
21 W. Mead Avenue, Suite 110
Yakima, Washington 98902
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or
conditionscontained in any attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. The parties hereto agree that this Agreement shall be construed and enforced
according to thelaws of the State of Washington.
F. Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Washington or the City of
Yakima, such provisions, paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform with such laws, or if not modifiable
to conform with such laws, then same shall be deemed severable, and in either event,
the remaining terms and provisions of this Agreement shall remain unmodified and in
full force and effect.
G. AWARDEE shall comply with the provisions of the Copeland Anti - Kick -Back Act(18
U.S.C. 874) as supplemented in the AGENCY of Labor Regulations (29 CFR Part 3),
asamended.
H. AWARDEE shall comply with the provisions of sections 103 and 107 of the Contract
Work Hours and Safety Standard Act (40 U.S.C. 327 -330) as supplemented by
AGENCY of Labor regulations (29 CFR, Part 5), as amended
I. AWARDEE further warrants and agrees to include or cause to be included the criteria
and requirements of paragraphs (G) through (H) of this section in every nonexempt
subcontract. The AWARDEE also agrees to take such action as the federal, state or
local government may directto enforce aforesaid provisions.
J. The obligations undertaken by AWARDEE pursuant to this Agreement shall not be
delegated orassigned to any other person or agency unless CITY shall first consent to
the performance orassignment of such service or any part thereof by another person or
agency.
17 of 20 City of Yakima 8/26/2015
K. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns.
L. AWARDEE shall indemnify and save CITY harmless from and against any negligent
claims, liabilities, losses and causes of action which may arise out of AWARDEE's
activities under thisAgreement, including all other acts or omissions to act on the part of
AWARDEE, including anyperson acting for or on its behalf, and, from and against any
orders, judgments, or decrees which may be entered, and from and against all costs,
attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in
the investigation thereof.
M AWARDEE and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of the CITY, and shall not attain any rights or
benefits under the civil service or pension ordinances of the CITY, or any rights
generally afforded classified or unclassified employee; further they shall not be deemed
entitled to state Compensation benefits as an employee of the CITY.
N. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to
lack offunds, or authorization, reduction of funds, and /or change in regulations.
Section XX — Substituted Agreement
This Agreement is substituted for, and replaces, the Agreement previously executed by
and between the parties as approved and authorized pursuant to CITY's Resolution
No. 2014 -100 on August 5, 2014 and executed on August 5, 2014.
18 of 20 City of Yakima 8/26/2015
Exhibit "B"
Yakima Valley Partners Habitat for Humanity
A.) PROPOSAL SUMMARY /PROJECT ABSTRACT
Yakima Valley Partners Habitat for Humanity will demolish the substandard
existing structure and construct a single family home located at 1409 South 16
Avenue and sell it to a qualified low income first time homebuyer and monitor the
"Affordability Period" for a period of no less than Ten (10) years, after which all
net proceeds shall be granted to Habitat.
B.) ASSESSMENT OF NEED /PROBLEM STATEMENT
Yakima Valley Partners Habitat for Humanity will provide the demolition of the
substandard existing structure, the construction of a single family dwelling to be
sold to a qualified low to moderate income first time homebuyer and monitor the
project for a period of no less than Ten (10) year affordability period in exchange
for all net proceeds redeemed from the sale of the home located at 1409 South
16 Avenue.
C.) PROGRAM GOAL AND OBJECTIVES
Goal
Demolish a substandard building and create another affordable single family
residence within in the City of Yakima.
Objectives
1 Demolish the existing substandard structure.
2. Construct a new single family dwelling.
3 Sell the new single family home to a qualified low to moderate first time
homebuyer.
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it
will expire at midnight, Yakima Valley Habitat for Humanity will demolish the
existing substandard structure, construct a new single family dwelling to be sold
to a qualified low to moderate income first time homebuyer to be monitored for a
Ten (10) year affordability period per HUD regulations governing HOME
Investment funded projects.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, Habitat for Humanity will,
1. Demolish the existing substandard structure.
2. Construct a new single family dwelling
3. Affect the sale of the property and dwelling to qualified low to moderate income
first time homebuyer.
4. Agree to monitor the property at 1409 South 16 Avenue for a period of no less
than a Ten (10) year affordability period as per HOME Investment requirements.
F.) BUDGET
Yakima Valley Habitat for Humanity will be reimbursed up to $20,000 between
the contract execution date and terminate on July 7, 2015 at midnight, for eligible
activities
19 of 20 City of Yakima 8/26/2015
EXHIBIT "C" RESOLUTION
20 of 20 City of Yakima 8/26/2015
RESOLUTION NO. R- 2014 -100
A RESOLUTION Consideration of a Resolution granting $40,000 of HOME Investment
funds to Habitat for Humanity to demolish the existing substandard
structures and construct new single family homes at 402 S. 10 Street
and 1409 S. 16 Ave, to be sold to qualified low to moderate income first
time homebuyers
WHEREAS, the City of Yakima is a recipient of HOME Investment funds, and
WHEREAS, the HUD HOME Investment funding requires a 15% set aside to support
qualified Community Housing Development Organizations (CHDO's)
WHEREAS, the Yakima Habitat for Humanity as a certified Community Housing
Development Organization ( CHDO) has the ability to construct a single family dwelling to be
sold to a qualified low to moderate first time homebuyer and monitor this property through the
required affordability period, and
WHEREAS, the sale proceeds will be kept by Habitat and used as program income to
further affordable housing within the City of Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The city council hereby authorizes the Yakima City Manager to execute such documents
necessary or appropriate granting $40,000 of HOME Investment funds to Yakima Habitat for
Humanity to remove the existing substandard structure and construct new single family homes
at 402 S 10 Street and 1409 S. 16 Ave, Yakima, for the sale of such property by Yakima
Habitat for Humanity to qualified low to moderate income first time home buyers and for
monitoring such properties through the required affordability period, all in accordance with
applicable requirements and procedures of HUD concerning the HOME Investment regulations,
and sign documents as required
ADOPTED BY THE CITY COUNCIL this day of August 5, 2014.
/s/ Micah Cawley
ATTEST Micah Cawley, Mayor
/s/ Sonya Claar Tee
City Clerk y
Certified to be a true and correct copy of the
orienal< filed in my office.
^ � C CLERK
, -,Bir5 r { 40 011F % ,--, Deputy
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1 Contracting Organization.Yakima Valley Partners Habitat for Humanity
2. Address.21 W. Mead Ave. Ste 110, Yakima, WA. 98902
3 Phone: (509) 453 -8077
4. Contact Person.Steve Luten ,
5. Title of Service or Program being funded: New Construction of a single family home
located at 1409 S. le Ave
6. Amount of Contract Award: $20,000 (HOME) CFDA Contract # 14.218
7. The term of this Contract shall commence upon the execution date of Contractors'
receipt of "Letter to Proceed" from City of Yakima Office or Neighborhood Development
Services and terminate on July 7, 2015 at midnight, unless sooner terminated by either
party in accordance with Section XXII of Exhibit "A ", attached hereto and incorporated
herein by this reference.
8 This contract award and the rights and obligations of both parties hereto shall be
subject to and governed by the following
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein
by this reference, and
2) Operating budget including the funding sources and uses statement and the
work plan, attached hereto as Exhibit "B" and incorporated herein by this
reference
3) City of Yakima Resolution No R -2014- ®O . , A copy of which is attached
hereto as Exhibit "C" and incorporated herein by this reference
9 Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B ", and satisfaction of all contract terms and conditions as stated in
Exhibit "A ", Exhibit "B" and Exhibit "C"
This written document, together with all of the incorporated exhibits hereto, constitutes the entire
Contract and terms of a. - - en between the parties hereto
IN l NESS THER` OF t - parties have executed this Contract as of the day and year stated
bel
e tq_
1 %.1 e, Cit . nager Date
11 11. iL A /4
Jo. Da fnport, ` *cti : DB D Date
� - 10 —1V
Co' trac or Date
"* 4 •4
Title:
ATTEST: .44 / / 1 � � / ( - 4 5 y
+ < r
City Clerk � / ; -�
•
City Contract No.: 19/1./../5
1 of 17 City of Yakima 7/10/2014 Page 1
EXHIBIT "A"
TERMS AND CONDITIONS
DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from
the U S. Department of Housing and Urban Development, hereby designates
Contractor to undertake, and the Contractor hereby agrees to undertake that certain
community development or housing assistance project described in Exhibit "B ", Scope
of Work (hereinafter "the project ")
II SUB -GRANT
A. NOTICE TO PROCEED
No work on the project shall occur prior to or without written approval from the
City of Yakima Office of Neighborhood Development Services (ONDS). ONDS
shall furnish the Contractor with written notice to proceed upon release of funds
from HUD related to the project pursuant to 24 CFR Part 58
B AMOUNT OF GRANT
$20,000 of HOME Investment funds for said project.
III GENERAL BUDGET PROVISIONS
The City reserves the right to hold payment until adequate documentation has been
provided by the Contractor and reviewed by the City. The Contractor agrees to the
following provisions in satisfying the terms and conditions of this contract:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be on
a reimbursement basis covering actual expenditures by the Contractor or
obligations of the Contractor currently due and owing, but not paid.
Disbursements shall be limited to allowable costs and so shall be made upon
the occurrence of all the following, in addition to any other conditions contained
herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement
request on forms provided by the City of Yakima ONDS supported by
copies of vouchers, invoices, salary and wage summaries, or other
acceptable documentation; and
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable
costs under the principles set forth in Federal Management Circular 74-
4 "eligible costs under the CDBG Program" and that also fall within the
applicable Project Budget.
B. No payment shall be made for any service rendered by the Contractor except
for services within the scope of a category set forth in the budget in Exhibit "B"
of this Contract, and all funds received must be used for service as identified in
Exhibit "B" of this Contract.
2 of 17 City of Yakima 7/10/2014 Page 2
C. 1. The Contractor shall submit to the City of Yakima ONDS a written
request for approval of budget revision when a proposed revision would
result in an increase or decrease of ten percent (10 %) or more per
home, from what has been set forth in the approved budget subject
category The City's written budget revision approval must be received
by the Contractor prior to the Contractor incurring any expenditures
against the revised budget subject categories.
2. When the revision of the Contractor budget does not exceed ten
percent (10 %) of an approved budget subject category, the Contractor
must submit a revised budget to the City of Yakima ONDS prior to the
submittal of claims against the budget.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor with written notice to proceed
upon release of funds from HUD related to the project. No work on the project shall
occur prior to the notice to proceed without written approval from the City of Yakima
ONDS in accord with Sec.lI, "Sub -Grant " A. (above)."
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of
services performed under this contract in the manner prescribed in paragraph
III above, and as prescribed by the City of Yakima ONDS.
VI LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to substantially reduce the amount of local financial
support for community development activities below the level of such support prior to
the availability of such assistance
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus
budget funds at the end of the project shall be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts
Assets purchased with CDBG funds shall continue to be used in accordance with its
original purpose as provided in 24CFR 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and
regulations promulgated by the U.S. Department of Housing and Urban
Development, including, but not limited to, Federal HOME Regulations and
other policies and guidelines established by the City of Yakima ONDS
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
3 of 17 City of Yakima 7/10/2014 Page 3
1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND
LOWER TIER COVERED TRANSACTIONS
A. Contractor, defined as the primary participant and it principals, certifies
by signing these General Terms and Conditions that to the best of its
knowledge and belief that they:
B. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency.
C. Have not within a three -year period preceding this Agreement, been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice,
D. Are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of
any of the offenses enumerated in paragraph (1)(b) of this section; and
1 Have not within a three -year period preceding the signing of this
Agreement had one or more public transactions (Federal, State, or
local) terminated for cause of default.
2. Where the Contractor is unable to certify to any of the statements in
this Agreement, the Contractor shall attach an explanation to this
Agreement.
3 The Contractor agrees by signing this Agreement that it shall not
knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction.
4. The Contractor further agrees by signing this Agreement that it will
include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions
E. LOWER TIER COVERED TRANSACTIONS
i) The lower tier contractor certifies, by signing this Agreement that neither
it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
ii) Where the lower tier contractor is unable to certify to any of the
statements in this Agreement, such contractor shall attach an
explanation to this Agreement.
4 of 17 City of Yakima 7/10/2014 Page 4
5 Office of Federal Contract Compliance Programs regulations, 41 CFR
Part 60, Executive Order 11246 as amended by Executive Order
12086, and 24 CFR 570 601 (Discrimination prohibited).
6. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831
et seq., and HUD regulations implementing the Act, 24 CFR Part 35,
where, residential structures are involved The Contractor shall
provide whatever assistance is necessary to enable the City of
Yakima's Building Official to carry out its inspection and certification
responsibility under those regulations
7. Historic and Archaeological Preservation requirements as set forth in 24
CFR Section 570.604.36 CFR Part 800, RCW 27.44 010 (Native
American Burial Law), RCW 27.53.010- 090 (Protection of
Archaeological Resources), and RCW 43 51.750- 820 (Preservation
of Historic Properties).
8. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et
seq., implementing regulations, and Chapter 70 92 RCW
9. Accessibility Standard as set forth in 92.251(a)(3).
10. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq., and
Environmental Protection Agency regulations, 40 CFR Part 15
11. Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for
project area businesses and low income persons).
12. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-
333, (Overtime Compensation).
13 Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and
RCW Chapter 3 —12 (Prevailing Wage Rates).
14. Attachment 0 of the Office of management and Budget Circular, A -102
(Procurement Standards) and Federal Management Circular, FMC 74-
4.
15 The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, and regulations contained in 24
CFR Parts 42 and 570.
16. Title VI of the Civil Rights Act of 1964 (P L. 88 -352) as amended, and
HUD regulations with respect thereto including the regulations under
24 CFR Part 1. In the sale, lease or other transfer of land acquired,
cleared or improved with assistance provided under this Agreement,
and Contractor shall cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex, or national
origin, in the sale, lease or rental, or in the use or occupancy of such
land or any improvements erected or to be erected thereon, and
providing that the Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The
Contractor, in undertaking its obligation in carrying out the program
assisted hereunder, agrees to take such measures as are necessary
to enforce such covenant and will not itself so discriminate.
5 of 17 City of Yakima 7/10/2014 Page 5
17 Age Discrimination Act of 1975 (24 CFR 146).
18. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
19. Washington State /Local Building Codes /Housing Quality Standards (24
CFR 882.109).
20 WBE /MBE (24 CFR 85.36 (e)).
1. ENVIRONMENTAL REVIEW
A. NEPA
The City of Yakima ONDS retains environmental review
responsibility for purposes of fulfilling requirements of the
National Environmental Policy Act, under which the City of
Yakima ONDS may require the Contractor to furnish data,
information and assistance for the City's review and
assessment in determining whether the City must prepare an
Environmental Impact Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the
requirements of the State Environmental Policy Act and
regulations and ordinance adopted thereunder.
C. COMPLIANCE AS PRE - CONDITION
Performance by either the City of Yakima ONDS or the
Contractor under this Agreement shall be contingent upon
satisfaction of all applicable requirements of the National and
State Environmental Policy Acts.
IX NON - DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer
B. During the performance of this Agreement, Contractor shall not discriminate in
violation of any applicable federal, state and /or local law or regulation on the
basis of race, color, sex, religion, national origin, creed, age, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, political affiliation, or the presence of any sensory, mental or
physical handicap, and any other classification protected under federal, state,
or local law. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training,
and the provision of services under this Agreement.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination
Requirements, 24 CFR 570.601.
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X NON - DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to make all services available through this contract (24
CFR 92.352), and shall not, on the grounds of race, color, sex, religion, national
origin, creed, marital status, or age:
1 Deny a qualified individual any facilities, financial aid, services or other
benefits provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which
are different, or are provided in a different manner, from those provided
to others under this Contract; separate treatment in any manner related
to his receipt of any service(s) or other benefits provided under this
Contract;
3 Deny any qualified individual an opportunity to participate in any
program provided by this Contract through the provision of service(s) or
otherwise, or will afford him an opportunity to do so which is different
from that afforded others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW
Rehabilitation Act of 1973 prohibiting discrimination against handicapped
individuals either through purpose or intent.
C. If assignment and /or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall
take such action as may be required to ensure full compliance with the
provisions of this clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, City and Municipal
standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as
described in the Contract to assure quality of services
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities
so as to ensure compliance by Contractor with this Contractor agreement, with
the CDBG and /or HOME Compliance Documents, and with all other laws,
regulations, and ordinances related to the performance hereof.
Contractor agrees to provide City with any data determined by City to be
necessary for its effective fulfillment of its monitoring and evaluation
responsibilities.
B At any reasonable time and as often as City may deem necessary, Contractor
shall make all of its records available to City, HUD, the Comptroller General of
the United States, or any of their authorized representatives, and shall permit
City, HUD, the Comptroller General of the United States, or any of their
authorized representatives to audit, examine, and make excerpts and /or copies
of same Contractor records shall include, but shall not be limited to, the
following• payroll, personnel and employment records; procurement bidding
documents; contracts, sales closing statements; and invoices.
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C The City shall have the right to review and audit all records of the Contractor
pertaining to any payment by the City. Said records shall be maintained for a
period of seven years after the completion of the project.
D The Contractor shall be required to make reasonable changes in the services
as completed or to be completed if said services fall below the standards and
specifications set forth in the Special Terms and Conditions, Project
Description, or Statement of Work.
XIII SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient
or client for any purpose not directly connected with the City's or the Contractor's
responsibilities with respect to services provided under this Contract is prohibited
except on written consent of the recipient or client, his /her attorney or his /her
responsible parent or guardian or as otherwise provided by law.
XIV ASSIGNMENT AND /OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided
within the terms of this Contract without obtaining prior written approval from the City
All terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract.
XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. The Contractor agrees to provide project line item draw requests, annual
verification of rents, annual audited financial statement to compare income and
expenses, records, documents and accounting procedures which accurately
reflect all direct and indirect costs related to the performance of this Contract.
Such fiscal books, records, documents, reports and other data shall be retained
in a manner consistent with the "Budgeting, Accounting, Reporting System for
Counties and Cities, and Other Local Governments ", hereinafter referred to as
"BARS ", as issued by the Office of State Auditor, State of Washington. The
Contractor further agrees that the City of Yakima ONDS shall have the right to
monitor and audit the fiscal components of the organization to insure that actual
expenditures remain consistent with the terms of this Contract. The Contractor
shall retain all books, records, documents and other material relevant to the
Contract for seven (7) years after settlement of this Contract. The Contractor
agrees that the City of Yakima, the U.S. Department of Housing and urban
Development, the Washington State Auditor, or their designees, shall have full
access to and a right to examine any of said materials at all reasonable times
during said period.
B. The Contractor agrees that any contributions or payments made for services
furnished under this Contract shall be used for the sole benefit of this program.
C. The Contractor agrees to have an audit performed when spending $500,000 or
more in federal awards during a fiscal year. A copy of such audit will be
presented upon request to ONDS for monitoring purposes.
8 of 17 City of Yakima 7/10/2014 Page 8
XVI PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased wholly
or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per
item, shall upon its purchase or receipt become the property of the City of Yakima
and /or federal government. Final ownership and disposition of such property shall be
determined under the provisions of Attachment N of OMB, A -102. The Contractor shall
be responsible for all such property, including its care and maintenance, and shall
comply with the following procedural requirements:
1. Property records shall be maintained accurately and provide for: A description
of the property; manufacturer's serial number or other identification number;
acquisition date and cost; source of the property; percentage of HOME funds
used in the purchase of property; location, use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled with
the property records at least once every two years to verify the existence,
current utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to prevent
lose, damage, or theft to the property Any loss, damage, or theft of the
property shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the property
in good condition
5. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item of cost,
title to such property shall remain with the Contractor. An election to capitalize
and depreciate or claim acquisition cost as a direct item of cost shall be
irrevocable.
6. Nonexpendable personal property purchased by the Contractor under the terms
of this Contract, in which title is vested in the City of Yakima or Federal
Government shall not be rented, loaned, or otherwise passed to any person,
partnership, corporation, association or organization without the prior express
approval of the City of Yakima ONDS.
7 Any nonexpendable personal property furnished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities defined in this
Contract.
8. As a condition prerequisite to reimbursement for the purchase of
nonexpendable personal property, title to which shall vest in the City of Yakima
ONDS or federal government, the Contractor agrees to execute such security
agreements and other documents as shall be necessary for the City of Yakima
ONDS or federal government to perfect its interest in such property in
accordance with the "Uniform Commercial Code - Secured Transactions" as
codified in Article 9A of RCW Chapter 62A.
9 of 17 City of Yakima 7/10/2014 Page 9
9 The Contractor shall be responsible for any loss or damage to the property of
the City of Yakima ONDS or federal government (including expenses entered
thereunto) which results from negligence, willful misconduct, or lack of good
faith on the part of the Contractor to maintain and administer in accordance with
sound management practices that property, to ensure that the property will be
returned to the City of Yakima ONDS or federal government in like condition to
that in which condition the property was acquired by purchase, fair wear and
tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor /city relationship shall be created by
this Contract. The City of Yakima ONDS is interested only in the results to be achieved,
the implementation of services will lie solely with the Contractor. No agent, employee,
or representatives of the Contractor shall be deemed to be an employee, agent, servant
or representative of the City of Yakima for any purpose, and the employees of the
Contractor are not entitled to any of the benefits the City of Yakima provides for City
Employees. The Contractor shall be solely and entirely responsible for its acts and for
the acts of its agents, employees, servants, Subcontractors, or otherwise during the
performance of this Contract.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury insurance, and other
deductions from income which may be required by law or assessed against either party
as a result of this Contract. In the event the City is assessed a tax or assessment as a
result of this Contract, Contractor shall pay the same before it becomes due
XIX QUARTERLY REPORT
The Contractor agrees to submit written quarterly reports outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima ONDS
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the
Contractor and /or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the
City with a certificate of insurance as proof of liability insurance in the amount of
One Million Dollars ($1,000,000.00) that clearly states who the provider is, the
amount of coverage, the policy number, and when the policy and provisions
provided are in effect (any statement in the certificate to the effect of "this
certificate is issued as a matter of information only and confers no right upon
the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Contract. The policy shall name the City, its elected officials,
officers, agents and employees as additional insured, and shall contain a
clause that the insurer will not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice (any language in the
clause to the effect of "but failure to mail such notice shall impose no obligation
or liability of any kind upon the company" shall be crossed out and initiated by
the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
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C COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor
shall provide the City with a certificate of insurance as proof of commercial
automobile liability insurance with minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage.
Automobile liability will apply to "Any Auto" and be shown on the certificate.
The certificate shall clearly state who the provider is, the amount of coverage,
the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a
matter of information only and confers no right upon the certificate holder" shall
be deleted) Said policy shall be in effect for the duration of this Contract. The
policy shall name the City, its elected officials, officers, agents, and employees
as additional insured /s, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure
to mail such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington
D. - WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractor's
workers' compensation coverage will be furnished to the City. The contractor
holds the City harmless for any injury or death to the contractor's employees
while performing this Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements
XXI INDEMNIFICATION AND HOLD HARMLESS
All services that are rendered or performed under this Contract shall be performed or
rendered entirely to the Contractor's own risk and the Contractor expressly agrees to
defend, indemnify and hold harmless the City of Yakima and all of its officers, agents,
employees and elected officials from any and all liability, loss, fines, penalties or
damage, including reasonable cost of defense, they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or judgments
against the City of Yakima which result from, arise out of, or are in any way connected
with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City
of Yakima ONDS may pursue such remedies as are legally available including but not
limited to, the termination of this Contract in the manner specified herein.
11 of 17 City of Yakima 7/10/2014 Page 11
A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract
and any of the following conditions exist:
1 The lack of compliance with the provisions of this Contract are of such
scope and nature that the City of Yakima ONDS deems continuation of
this Contract to be substantially non - beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as
directed by the City of Yakima ONDS or its authorized representative
within the time specified by same;
3. The Contractor has failed within the time specified by the City of
Yakima ONDS or its authorized representative to satisfactorily
substantiate its compliance with the terms and conditions of this
Contract, then.
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore
and the effective date provided such effective date shall not be prior to
notification to the Contractor. After this effective date, no charges incurred
under any terminated portions are allowable
B. TERMINATIONS ON OTHER GROUNDS
This Contract may also be terminated in whole or in part by mutual agreement
of the parties.
C TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF
FUNDING
In the event that funding from the Federal government is withdrawn, reduced or
limited in any way after the effective date of this Contract, and prior to its normal
completion, the City of Yakima ONDS may summarily terminate this Contract as
to the funds reduced or limited, notwithstanding any other termination provision
of this Contract. If the level of funding so reduced or limited is so great that the
City of Yakima ONDS deems that the continuation of the program covered by
this Contract is no longer in the best interest of the public, the City of Yakima
ONDS may summarily terminate this Contract in whole notwithstanding any
other termination provisions of this Contract. Termination under this Section
shall be effective upon receipt of written notice by the Contractor or its
representative
The City of Yakima ONDS agrees to promptly notify the Contractor of any
proposed reduction in funding by Federal or other officials. The Contractor
agrees that upon receipt of such notice it shall take appropriate and reasonable
action to reduce its spending in the affected funding area so that expenditures
do not exceed the funding level which would result if said proposed reduction
became effective.
This Contract may further be terminated by the City of Yakima upon written
demand by the City of Yakima ONDS for assurances that the terms of the
Project Description are being timely complied with, if such assurances are not
made to the City's satisfaction within thirty (30) days of the date of such written
demand
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D. CLOSEOUT
In the event that this Contract is terminated in whole or in part for any reason,
the following provisions shall apply:
1. Upon written request by the Contractor, the City of Yakima shall make
or arrange for payment to the Contractor of allowable reimbursable
costs not covered by previous payments.
2. The Contractor shall submit within fifteen (15) days after the date of C
expiration of this Contract, all financial, performance and other reports
required by this Contract, and in addition, will cooperate in a program
audit by the City of Yakima or its designee
3. In the event a financial audit has not been performed prior to closeout
of this Contract, the City of Yakima ONDS retains the right to withhold a
just and reasonable sum from the final payment to the Contractor after
fully considering the recommendation on disallowed costs resulting
from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agency maintained by the Contractor for
the purpose of securing business The City of Yakima ONDS shall have the right, in the
event of breach of this clause by the Contractor, to annul this Contract without liability
or, in its discretion, to deduct from the Contract price or consideration or otherwise
recover the full amount of such commission, percentage, brokerage or contingent fee
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. Terminate this Contract if it is found, after due notice and hearing, by the City
that gratuities in the form of entertainment, gifts, or otherwise offered or given
by the Contractor, or agent or representative of the Contractor, to any officer or
employee of the City of Yakima, with a view towards securing this Contract or
securing favorable treatment with respect to the awarding or amending or the
making of any determinations with respect to this contract.
B. In the event this Contract is terminated as provided in (A) above, the City of
Yakima shall be entitled to pursue the same remedies against the Contractor as
it could pursue in the event of a breach of the Contract by the Contractor The
rights and remedies of the City of Yakima provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law
C. The Contractor warrants and covenants that it presently has no interest and
shall not acquire any interest, directly or indirectly, which could conflict in any
manner or degree with the performance of its services hereunder The
Contractor further warrants and covenants that in the performance of this
contract, no person having such interest shall be employed
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XXV RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement.
The Contractor hereby grants to the City of Yakima, a royalty -free, non - exclusive, and
irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to
authorize others to do so, all data now or hereinafter covered by copyright: Provided,
that with respect to data not originated in the performance of this Contract such license
shall be only to the extent that the Contractor has the right to grant such license without
becoming liable to pay compensation to others because of such grant. The Contractor
shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of
delivery of data furnished under this agreement, of all invasions of the right of privacy
contained therein and of all portions of such data copied from work not composed or
produced in the performance of this agreement and not licensed under this clause The
Contractor shall report to the City of Yakima ONDS, promptly and in written detail, each
notice or claim of copyright infringement received by the Contractor with respect to all
data delivered under this agreement. The Contractor shall not affix any restrictive
markings upon any data, and if such markings are affixed, the City of Yakima ONDS
shall have the right at any time to modify, remove, obliterate, or ignore such markings
XXVI RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided
herein, the inconsistency shall be resolved by giving precedence in the following order
1. Appropriate provisions of state and federal statutes and regulations including
HUD CDBG Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement of
work /project description, approved HUD grant budget, in the order in which
attached, (Exhibit B),
4. City of Yakima Resolution No. R -2014- (Exhibit C), and
5. Any other provisions whether incorporated by reference herein or otherwise
provided that nothing herein shall be construed as giving preference to
provisions of this contract/grant award over any provisions of law.
XXVII GOVERNING LAW
This Contract has been and shall be construed as having been entered into and
delivered within the State of Washington, and it is mutually understood and agreed by
each party hereto that this Contract shall be governed by laws of the State of
Washington, both as to interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior
Court of Washington for Yakima County, Washington.
XXIX MODIFICATION
Either party may request changes in this Contract, however, no change or addition to
this Contract shall be valid or binding upon either party unless such change or addition
be in writing, and executed by both parties, except budget adjustments as specified in
Section IV of this Contract.
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XXX SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of
this Contract is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected, and the rights and obligations of the parties shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid
If it should appear that any provision hereof is in conflict with any statutory provision of
the United States or the State of Washington, said provision which may conflict,
therewith, and shall be deemed modified to conform to such statutory provision.
XXXI PROGRAM INCOME
Any program income shall be accounted for by the Contractor, over the contract time
period, and shall be reported to the City. Income is to be used to continue or benefit the
program, as determined by the intent and purpose of the project.
XXXII RETURN OF FUNDS
The Contractor shall return to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
1. The Contractor materially changes the primary purpose and scope of the Project as
described on Exhibit "B" to the
2 Contract. The Contractor is unable to continue and /or provide services as described in
Exhibit "B ".
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Exhibit "B"
Yakima Valley Partners Habitat for Humanity
A.) PROPOSAL SUMMARY /PROJECT ABSTRACT
Yakima Valley Partners Habitat for Humanity will demolish the substandard
existing structure and construct a single family home located at 1409 S. 16th Ave
and sell it to a qualified low income first time homebuyer and monitor the
"Affordability Period" for a period of no less than Ten (10) years, after which all
net proceeds shall be granted to Habitat.
B.) ASSESSMENT OF NEED /PROBLEM STATEMENT
Habitat for Humanity will provide the demolition of the substandard existing
structure, the construction of a new single family dwelling to be sold to a qualified
low to moderate income first time homebuyer and monitor the project for a Ten
(10) year affordability period in exchange for all net proceeds redeemed from the
sale of the home located at 1409 S. 16 Ave.
C.) PROGRAM GOAL AND OBJECTIVES
Goal
Demolish a substandard building and create another affordable single family
residence within in the City of Yakima.
Objectives
1. Demolish the existing substandard structure.
2. Construct a new single family dwelling.
3. Sell the new single family home to a qualified low to moderate first time
homebuyer.
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it
will expire at midnight, Yakima Valley Habitat for Humanity will demolish the
existing substandard structure, construct a new single family dwelling to be sold to
a qualified low to moderate income first time homebuyer to be monitored for a ten
(10) year affordability period per HUD regulations governing HOME Investment
funded projects.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, Habitat for Humanity will,
1. Demolish the existing substandard structure
2. Construct a new single family dwelling
3. Affect the sale of the property and dwelling to a qualified low to moderate income
first time homebuyer.
4. Agree to monitor the property at 1409 S. 16 Ave for a period of no less than a ten
(10) year affordability period as per HOME Investment requirements.
16 of 17 City of Yakima 7/10/2014 Page 16
F.) BUDGET
Yakima Valley Habitat for Humanity will be reimbursed up to $20,000 between
the contract execution date and terminate on July 7, 2015 at midnight, for eligible
activities.
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(THIS PAGE LEFT BLANK INTENTIONALLY FOR "EXHIBIT C RESOLUTION ")
18 of 17 City of Yakima 7/10/2014 Page 18
Exhibit "D"
SERVICES PROVIDED
A.) As a condition of reimbursement, Habitat for Humanity will,
Demolish the existing substandard Structure
B) Construct a new single family dwelling located at 1409 S. 16 Ave.
C.) Affect the sale of the property and dwelling to a qualified low to moderate income first
time homebuyer as per HUD regulations governing HOME Investment funds.
B.) Monitor the property at 1409 S. 16th Ave for a period of no less than a ten (10) year
affordability period as per HOME Investment requirements.
19 of 17 City of Yakima 7/10/2014 Page 19
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.C.
For Meeting of: August 05, 2014
ITEM TITLE: Resolution authorizing two contracts granting $40,000 of
HOME Investment funding to Habitat for Humanity to
demolish the existing substandard structures and construct
two new single - family dwelling units to be sold to qualified low
to moderate income first time homebuyers located at 402
South 10th Street and 1409 South 16th Avenue
SUBMITTED BY: Joan Davenport, Interim Community Development Director
(509) 576 -6417
Archie Matthews, ONDS Manager (509) 575 -6101
SUMMARY EXPLANATION:
As a recipient of HOME Investment funds, the City of Yakima is required to set aside 15% to
support qualified Community Housing Development Organizations (CHDO's). Neighborhood
Development Services proposes to grant Yakima Valley Habitat for Humanity, a certified CHDO,
$40,000 to remove substandard structures and construct two new single family dwelling units
located at 402 South 10th Street and 1409 South 16th Avenue to be sold to qualified low to
moderate income first time homebuyers and monitor the projects for the required "Affordability
Period" as per Federal HOME regulations.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: One year
Start Date: 08/05/2014 End Date: 07/07/2015 OR UPON
COMPLETION
Item Budgeted: Yes Amount: $40,000
Funding Source /Fiscal Impact: HOME Investment Fund
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to: Yakima Valley Partners Habitat for Humanity - c/o Steve Luten,
21 W Mead Ave. Ste #110, Yakima, WA 98902
Phone: (509) 453 -8077
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff recommends approval of the contract and resolution granting $40,000 to Yakima Valley
Habitat for Humanity.
ATTACHMENTS:
Description Upload Date Type
0 Resolution - 402 S 10th St and 1409 S 16th Ave 7/14/2014 Resolution
0 Contract - 402 S 10th Street 7/11/2014 Contract
0 Contract - 1409 S 16th Avenue 7/11/2014 Contract