HomeMy WebLinkAbout07/05/2022 06.D. Resolution authorizing a contract with Yakima Valley Partners Habitat for Humanity in the amount of$87,500 of HOME Investment funds to assist with new construction of a single family dwelling to be sold to a qualified low to moderate-inco Y�'1114'+
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.D.
For Meeting of: July 5, 2022
ITEM TITLE: Resolution authorizing a contract with Yakima Valley Partners
Habitat for Humanity in the amount of$87,500 of HOME
Investment funds to assist with new construction of a single family
dwelling to be sold to a qualified low to moderate-income first time
homebuyer located at 2912 W Arlington Ave.
SUBMITTED BY: Joan Davenport, Community Development Director
Archie Matthews, O N D S Manager(509) 575-6101
SUMMARY EXPLANATION:
As the annual recipient of HOME Investments funds from the Department of Housing and Urban
Development (HUD)the City of Yakima must invest these funds for Affordable Housing within its
jurisdiction. The City of Yakima, in granting available HOME funds, allows for continued decent,
safe, and affordable housing within the City of Yakima that serves low to moderate income
citizens.
Yakima Valley Partners, Habitat for Humanity as a Qualified CHDO is requesting Eighty Seven
Thousand Five Hundred Dollars ($87,500.00)to assist with acquisition and construction of a new
Single-Family low-income housing unit.
Projects that receive funding from the City of Yakima HOME program must be consistent with the
City Consolidated Plan, which guides HOME funding, as well as the City Comprehensive Plan.
Funding through the HOME program requires the applicant to have a HUD compliant
Management Plan and ensure the housing units meet affordability requirements for a minimum of
20 years.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
2
ATTACHMENTS:
Description Upload Date Type
Resolution for HOME CHDOAgreement with Yakima 6/24/2022 Resolution
Valley Partners Habitat for Humanity
D HFH 2912 W Arlington HOME CHDO Agreement 6/24/2022 Contract
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RESOLUTION NO. R-2022 -
A RESOLUTION authorizing an agreement with Yakima Valley Partners
Habitat for Humanity in the amount of up to Eighty Seven
Thousand Five Hundred Dollars ($87,500) in Federal
Housing and Urban Development HOME funds under
CFDA Contract #14.239 for property acquisition and
construction of a low income housing unit in the City of
Yakima.
WHEREAS, the city received money from the federal government's HOME funding
program under CFDA Contract # 14.239 in the amount of $87,500 which must be used to
invest in affordable housing in the City of Yakima; and
WHEREAS, the existing lot of record to this proposal will be developed with a single
family home at 2912 W. Arlington Avenue, Yakima, WA 98902.
WHEREAS, Yakima Valley Partners Habitat for Humanity has a proven track record
of creating community based housing for the benefit of low to moderate income
homeownership units within the City of Yakima and
WHEREAS, Yakima Valley Partners Habitat for Humanity is a Certified Community
Housing Development Organization (CHDO), and is eligible to receive funding for projects
under the terms of HOME contracts for units dedicated to low to moderate income persons
and families and seek funding for the land acquisition and development, which are eligible
activities under the HOME program, and
WHEREAS, pursuant to federal requirements, the newly constructed single family
dwelling will be monitored for HUD HOME Investment affordability beginning at the time of
completion as outlined in the contract, through a period of not less than twenty (20) years, and
WHEREAS, The City Council of the City of Yakima finds that it is in the best interests
of the City and its residents to enter into an agreement with Yakima Valley Partners Habitat
for Humanity to provide funding for land acquisition and development costs for an affordable
housing unit with federal monies provided by HUD through the HOME Investment program,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with Yakima Valley Partners
Habitat for Humanity in the amount of Eighty Seven Thousand Five Hundred Dollars
($87,500) in Federal Housing and Urban Development HOME Investment funds for land
acquisition and construction of a single family housing unit for a low to moderate income
person within the City of Yakima. A copy of the agreement is attached hereto.
ADOPTED BY THE CITY COUNCIL this day of , 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
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CONTRACT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
AND DEVELOPER—YAKIMA VALLEY PARTNERS HABITAT FOR HUMANITY
(2912 W. Arlington Ave.)
1. CFDA: 14.239 HOME INVESTMENT PARTNERSHIP PROGRAM
2. DEVELOPER/AWARDEE: Yakima Valley Partners Habitat for Humanity
3. HUD Entity Type: DEVELOPER
4. Address: 21 W. Mead Ave. Ste 110. Yakima, WA. 98902
5. Phone: (509) 453-8077
6. Contact Person: Meloney Rosen. Director of Yakima Valley Partners Habitat for
Humanity
7. Title of Service or Program being funded: New Construction of a single family
home located at: 2912 W. Arlington Ave.. Yakima, WA 98902.
8. Awarding Federal Agency: U.S. Department of Housing and Urban
Development.
9. Unique Entity Identifier Number: HU9AXMBCSDA2
10. Federal Award Year and Federal Award Number: 2021; M21-MC530203.
11. Amount of Contract Award: $87.500 (HOME) CFDA Contract# 14.239
12. The term of this Contract shall commence upon the execution date of
Developer's receipt of "Letter to Proceed" from City of Yakima Office or
Neighborhood Development Services and the project will begin construction
within twelve months of entering this Contract and will be completed by
December 31, 2022 at midnight, unless sooner terminated by either party in
accordance with Section XV of Exhibit "A". attached hereto and incorporated
herein by this reference.
13. 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-2022- , a copy of
which is attached hereto as Exhibit "C" and incorporated herein by this
reference.
Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B", and satisfaction of all contract terms and conditions,
including, but not limited to, the submission of the final report and billing invoice
information within thirty (30) days of the contract closing date, and as stated in
Exhibit "A", Exhibit "B" and Exhibit "C".
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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 THEREOF the parties have executed this Contract as of the day and
year stated below.
CITY OF YAKIMA DEV LO R: Habitat for Humanity
By:
Robert Harrison, City Manager eloney Rose
Title: Executive rector
Date:
Date:
Joan Davenport, CDD Director
Date:
ATTEST
Sonya Claar Tee, City Clerk
City Contract No.:
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EXHIBIT "A"
TERMS AND CONDITIONS
The City of Yakima, as a recipient of HOME Investment Partnerships Program Funds
from the U.S. Department of Housing and Urban Development (HUD). including funds
that are reserved for the use of Community Housing Development Organizations
(CHDOs); and
WHEREAS. the DEVELOPER 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, THERFORE the AWARDEE/DEVELOPER hereby agrees to undertake that
certain community development or housing assistance project described in Exhib t "B",
Scope of Work (hereinafter sometimes referred to as "the Project").
Section I — Definitions
A. AGENCY — is hereby defined as the Office of Neighborhood Development Services;
the HOME Program administering agency of the City of Yakima. For the purpose of this
Contract 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 contract. The term
'Approval by the CITY" or like term used in this Contract shall in no way relieve the
DEVELOPER from any duties or responsibilities under the terms of this Contract. 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
DEVELOPERagrees to accept as payment in full for all the professional. technical and
construction services rendered pursuant to this Contract 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 DEVELOPER as described here.
D. PROJECT — is defined in Section II and Exhibit B Attached hereto and fully
incorporated herein.
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- Project
DEVELOPER's Project will develop a single family home that will be sold to a low
income qualified first time homebuyer.
Section III — Term
A. GENERAL
The DEVELOPER expressly agrees to complete all work required by this contract in
accordancewith the timetable set forth.
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Milestone Deadline
Project Start Date: Date of signature.
Project Completion Date:December 31, 2022
Duration of Contract: Through the end of the Affordability Period outlined
herein (see Section B herein)
The Amount of the Grant that the City hereby sub-grants to the DEVELOPER is Eighty
Seven Thousand Five Hundred ($87,500.00) for the Proiect.
B. AFFORDABILITY
In addition, this project is subject to ongoing compliance requirements of HOME for
TWENTY (20) from the date the project is completes. The project is considered
completed when the final drawdown of HOME funds have been drawn by the City.
During this compliance period, the DEVELOPER will assure continued compliance with
HOME requirements. For homebuyer units this includes monitoring units for principal
residency and recapture of funds at time of resale. For rental units, this includes
ongoing property standards, occupancy and rent limits compliance.
C. TIME IS OF THE ESSENCE
Timely completion of the work specified in this contract 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
contract, it is understood and agreed by the DEVELOPER that the PROJECT will be
completed as expeditiously as possible and that the DEVELOPER 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 contract,
the DEVELOPER shall cause appropriate provisions to be inserted in all contracts or
subcontracts relative to the work tasks required by this contract, 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
DEVELOPER and its successors and assigns to the project or any part thereof or any
interest therein.
In the event the DEVELOPER 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 DEVELOPER, the CITY shall
grant a reasonable extension of time for completion of the WORK. It shall be the
responsibility of the DEVELOPER 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.
D. COMMENCEMENT OF WORK
The City of Yakima, through ONDS, shall furnish the DEVELOPER with written notice
to proceed upon release of funds from HUD related to the Project pursuant to 24 CFR
Part 58. No work on the Project shall occur prior to the notice to proceed without
written approval from the City of Yakima.
Section IV—Scope of Work
The DEVELOPER, in close coordination with the CITY, shall perform all professional
services (the "WORK") necessary to complete the development and occupancy of the
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following project in full compliance with the terms of this Contract, including, but not
limited to, Exhibit "B" (Use of HOME funds, property location, budget, completion
schedule & compliance term):
From the contract execution date to continue until the termination date as
specified within this contract, building and constructing a new home and will be
monitored for a twenty (20) year affordability period per HUD regulations
governing HOME Investment funded projects.
It is understood that the DEVELOPER 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 DEVELOPER's proposal as received by the
AGENCY on September 23, 2021. The aforementioned document will be considered to
be a part and portion of this Contract fully incorporated herein.
Section V— 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 DEVELOPER 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.
The City reserves the right to hold payment until adequate documentation has
been provided by the Developer and reviewed by the City. The Developer
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 Developer or
obligations of the Developer 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 HOME Program and also fall within the
applicable Project Budget.
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The Developer shall submit written claims for reimbursement of services
performed under this Contract. The DEVELOPER may not request
disbursement of funds under this Contract until the funds are needed for
payment of eligible costs. The amount of each request must be limited to the
amount needed.
C. No payment shall be made for any service rendered by the Developer 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 Developer 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 Developer prior to the
Developer incurring any expenditures against the revised budget subject
categories.
2. When the revision of the Developer budget does not exceed ten percent
(10%) of an approved budget subject category, the Developer 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. Within thirty (30) days of the contract closing date, DEVELOPER shall submit a
final invoice that includes all unpaid invoices and a final report. Final payment
shall be made only after the CITY has determined that all services have been
rendered, files and documentation delivered (including the final invoices and
final report), 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. If the final invoices and report are not received within thirty (30)
days of the contract closing date, DEVELOPER understands and agrees that it
will not receive any payment for any final pending unpaid invoices. The City will
retain ten percent (10%) until City has determined that all services have been
rendered.
G. CITY shall have the right to review and audit all records of the DEVELOPER
pertaining to any payment by the CITY. Said records shall be maintained for a
period of the HOME required affordability period.
H. This 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.
The DEVELOPER shall return to the City all monies provided by the City if any
of the following occur: the DEVELOPER materially changes the primary
purpose and scope of the Project as described in Exhibit B; or DEVELOPER is
unable to continue and/or provide services as described in Exhibit B.
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Section VI — Project Requirements
The DEVELOPER agrees to comply with all requirements of the HOME Program as
stated in 24 CFRPart 92, including but not limited to the following.
A. Environmental Review
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 the project. Notwithstanding any
provision of this Contract, the parties hereto agree and acknowledge that this
Contract 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 DEVELOPER 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
contract.
The City of Yakima, through the AGENCY retains environmental review
responsibility for purposes of fulfilling requirements of the National
Environmental Policy Act, under which the City of Yakima may require the
DEVELOPER to furnish data, information and assistance for the City's review
and assessment in determining whether the City must prepare an
Environmental Impact Statement.
The Environmental Review was completed on 2/1/2022. All mitigation if
required in the Environmental Review shall be completed by DEVELOPER as
part of the Project.
The DEVELOPER retains responsibility for fulfilling the requirements of the
State Environmental Policy Act (SEPA) and regulations and ordinances
adopted thereunder.
In addition to the requirements of Section XIV below, in the event DEVELOPER
fails to furnish any data, information, forms, or documents requested by the City
to fulfill its obligations under the National Environmental Policy Act or any other
federal or state environmental policy, law, or regulation, Failure to furnish data,
information, forms or documents shall result in a withholding of funds for
payment and, if funds have been disbursed, a requirement to repay all funds
associated with this Agreement to the City and may result in termination of this
Agreement. The DEVELOPER expressly agrees to do all things necessary and
take all necessary steps to facilitate the environmental review of the Project.
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 DEVELOPER 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
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expenditures or invoices for work completed.
D. If the project is to be owner-occupied, the DEVELOPER 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 DEVELOPER will ensure that occupancy complies with the
requirements of 92.254(a)(6).) If the project is to be a rental, the DEVELOPER 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 DEVELOPER 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
Determining Income and Allowances Under the HOMEProgram.
F. In the selection of occupants for PROJECT units, the DEVELOPER shall comply
with all nondiscrimination requirements of 24 CFR 92.350. If the project consists of 5 or
more units, the DEVELOPER 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 DEVELOPER will
comply with the relocation requirements of 24 CFR 92.353.
H. DEVELOPER 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 DEVELOPER shall assure that any
NOTES and MORTGAGES recorded for homebuyers shall be in compliance with 24
CFR 92.254 and that the DEVELOPER will monitor each unit for principal residency
(under 92.254(a)(3)) and resale/recapture (under 92.254 (a)(4) — (5)).
J. DEVELOPER 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 contract involves the construction or rehabilitation of 12 or
more HOME-assisted units, the DEVELOPER 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 contract, the DEVELOPER will
ensure compliance with 92.254(a)(7), as modified by the 1999 Appropriations Act,
Section 599B.
M. DEVELOPER will be monitored by the AGENCY for compliance with the regulations
of24 CFR 92 for the compliance period specified above. The DEVELOPER will provide
reports and access to project files as requested by the AGENCY during the PROJECT
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and for Five (5) yearsafter completion and closeout of the CONTRACT.
Section VII — Repayment of Loan
A. All HOME funds are subject to repayment in the event the PROJECT does not meet
the Project Requirements as outlined above. or if DEVELOPER violates any provisions
of this Contract with regards to HOME and/or HUD requirements.
B. It is understood that upon the completion of the PROJECT, any HOME funds
reserved but notexpended under this contract will revert to the CITY.
C. If the PROJECT is for owner-occupancy, the DEVELOPER 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 CHDO
proceeds that may be retained by the DEVELOPER and used in conformance with 24
CFR 92.300(a)(2), to be retained by the CHDO and used to further affordable housing
for qualified first-time home buyers within the City of Yakima.
Section VIII —CHDO Provisions
It is understood that the DEVELOPER has certified that it is and will maintain CHDO
(Community Housing Development Organization) status for the term of the
PROJECT/CONTRACT in accordance with 24 CFR 92. The DEVELOPER 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 Contract. If the project is rental, the DEVELOPER
will create and follow a tenant participation plan as required in 24 CFR 92.303.
Section IX — Procurement Standards
The DEVELOPER 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 contract, the DEVELOPER 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 Developer 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
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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 Developer 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 Developer. 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 Developer 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
Developer, 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 Developer 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 Developer 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 Developer 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 DEVELOPER that can be considered to be a
religious organization shallabide by all portions of 24 CFR 92.257.
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Section X— Conflict of Interest Provisions
The DEVELOPER 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 DEVELOPER 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 contract and the selection of tenant
households to occupy HOME-assisted units. No employee, agent, consultant, elected
official, or appointed official of the DEVELOPER 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 DEVELOPER, or the proceeds
thereunder; or
• Any unit benefits or financial assistance associated with HOME projects or
programs administered by the DEVELOPER, 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 DEVELOPER 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 DEVELOPER in writing to the Participating
Jurisdiction. The DEVELOPER 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 XI —City Responsibilities
CITY shall furnish the DEVELOPER with the following services and information from
existing CITY records and CITY files:
A. CITY shall provide to the DEVELOPER information regarding its requirements for
thePROJECT.
B. CITY will provide the DEVELOPER with any changes in HOME regulations or
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program limitsthat 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
DEVELOPER 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 Contract and HOME regulations, and
all CITY regulations and ordinances. Nothing contained herein shall relieve the
DEVELOPER of any responsibility as provided under this Contract.
Section XII — Equal Employment Opportunity
During the performance of this contract, the DEVELOPER agrees as follows:
A. DEVELOPER will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin(s). The
DEVELOPER will take 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 DEVELOPER 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. DEVELOPER will, in all solicitations or advertisements for employees placed by or
on behalf of the DEVELOPER, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national
origin.
C. DEVELOPER 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 DEVELOPER'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. DEVELOPER 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. DEVELOPER 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 DEVELOPER 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 DEVELOPER 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
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Secretary of Labor or as otherwise provided by law.
G. DEVELOPER will include the provisions of paragraphs (a) through (g) of this
contract 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 DEVELOPER 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 DEVELOPER becomes involved in, or is threatened with litigation with a
subcontractor or vendor as a result of such direction by the AGENCY, the
DEVELOPER may request the United States to enter into such litigation to protect the
interest of the United States.
Section XIII — Labor, Training & Business Opportunity
DEVELOPER agrees to comply with the federal regulations governing training,
employment andbusiness opportunities as follows:
A. It is agreed that the WORK to be performed under this contract 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. DEVELOPER 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 DEVELOPER 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. DEVELOPER 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 DEVELOPER 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
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subject the DEVELOPER 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 XIV—Compliance with Federal, State & Local Laws
A. GENERAL. The DEVELOPER 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 DEVELOPER
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. DEVELOPER 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
part 15). DEVELOPER 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. DEVELOPER 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) DEVELOPER, defined as the primary participant and its
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 Contract, 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
contract or transaction, violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
tax evasion, receiving stolen property, making false claims, or
obstruction of justice;
(d) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph
(1)(b) of this section; and
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(I) Have not within a three-year period preceding the signing
of this Contract had one or more public transactions (Federal,
State, or local) terminated for cause of default.
(ii) Where the DEVELOPER is unable to certify to any of the
statements in this Contract, the DEVELOPER shall attach an
explanation to this Contract.
(iii) The DEVELOPER agrees by signing this Contract 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 DEVELOPER further agrees by signing this Contract
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) Each lower tier contractor certifies, by signing this
Contract 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 Contract, such contractor shall attach
an explanation to this Contract.
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).
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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. 2 CFR Part 200 (Procurement Standards) and Federal Management
Circular, FMC 74-4.
12. The Uniform Relocation Assistance and Real Property Acquisition
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 Contract, and Developer 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 Developer, the County, and the United States are beneficiaries of and
entitled to enforce such covenant. The Developer, 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)).
C. DEVELOPER 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.
D. DEVELOPER 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, DEVELOPER shall pay the same before it becomes due.
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Section XV— Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the
DEVELOPER materiallyfails 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 DEVELOPER shall fail to fulfill in timely and proper manner
its obligations under this contract, or if the DEVELOPER 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 DEVELOPER 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 DEVELOPER 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
DEVELOPER 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 DEVELOPER and the CITY may
withhold any payments to the DEVELOPER for the purpose of setoff until such time as
the exact amount of damages due the CITY from the DEVELOPER is determined
whether by court of competent jurisdiction or otherwise.
Section XVI —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 DEVELOPER. 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 DEVELOPER 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 DEVELOPER covered by this contract, less
payments of compensation previously made. Claims and disputes between the parties
will be submitted to the American Arbitration Association for resolution. Award or
judgment may be entered in any court having jurisdiction thereof.
Section XVII — Default-Loss of Grant Funds
If the DEVELOPER fails in any manner to fully perform and carry out any of the terms,
covenants, and conditions of the contract, and more particularly if the DEVELOPER
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 contract, the
DEVELOPER shall be in default and notice in writing shall be given to the
DEVELOPER of such default by the AGENCY or an agent of the AGENCY.
If the DEVELOPER 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
DEVELOPER pursuant to this contract shall be immediately revoked and any
approvals related to the PROJECT shall immediately be deemed revoked and
canceled. In such event, the DEVELOPER will no longer be entitled to receive any
compensation for work undertaken after the date of the termination of this contract, 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 DEVELOPER 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 DEVELOPER to complete the project in accordance with the terms of
this contract, 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
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any other term, covenant, or condition hereof.
This Contract may further be terminated by the City upon written demand by the City or
AGENCY for assurances that the terms of the Project description are not 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.
Section XVIII—Close Out
In the event this Contract is terminated in whole or in part for any reason, the following
provisions shall apply:
A. Upon written request by the DEVELOPER, the City shall make or arrange for
payment to the DEVELOPER of allowable reimbursable costs not covered by previous
payments.
B. DEVELOPER 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 or its designee.
C. In the event a financial audit has not been performed prior to close out of this
Contract, the City and AGENCY retain the right to withhold a just and reasonable sum
from the final payment to the DEVELOPER until the final audit is performed, submitted
to, and reviewed by the City and AGENCY.
Section XIX— Reporting Responsibilities
DEVELOPER 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 contract. The AGENCY will send the
DEVELOPER one reminder notice if the quarterly report has not been received
fourteen (14) days after the due date. If the DEVELOPER 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 contract. In addition, the DEVELOPER
agrees to provide the AGENCYinformation 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 XX - Inspection, Monitoring & Access to Records
CITY reserves the right to inspect, monitors, and observe work and services performed
by the DEVELOPER at any and all reasonable times. CITY reserves the right to audit
the records of the DEVELOPER any time during the performance of this Contract and
for a period of five years after final payment is made under this Contract. If required,
the DEVELOPER will provide the AGENCY with a certified audit of the DEVELOPER'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 DEVELOPER or
its contractors which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
Section XXI - Insurance
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the DEVELOPER
and/or its employees, agents, officers, and subcontractors.
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B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the DEVELOPER shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of Two Million
Dollars ($2,000,000.00) that clearly states who the provider is, the amount of coverage,
the policy number, and when the policy and provisions provided are in effect (any
statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted).
Said policy shall be in effect for the duration of this Contract. The policy shall name the
City of Yakima, its elected officials, officers, agents, employees and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City thirty (30) calendar days prior written notice.
The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide and admitted in the State of Washington.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, DEVELOPER shall
provide the City with a certificate of insurance as proof of commercial automobile
liability insurance with minimum liability limit of Two Million Dollars ($2,000,000.00)
combined single limit bodily injury and property damage. Automobile liability will apply
to "Any Auto" and be shown on the certificate. The certificate shall clearly state who
the provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect (any statement in the certificate to the effect of "this
certificate is issued as a matter of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected officials, officers,
agents, employees and volunteers as additional insureds, and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington.
D. WORKERS' COMPENSATION
The DEVELOPER 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 DEVELOPER holds the City
harmless for any injury or death to the contractor's employees while performing this
Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The DEVELOPER shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance requirements.
Section XXII —General Conditions
A. All notices or other communication which shall or may be given pursuant to this
Contractshall be in writing and shall be delivered by personal service, or by registered
mail addressed tothe 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
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Copy To: Office of Neighborhood Development Services
City of Yakima
112 South 8th Street
Yakima, Washington 98901
DEVELOPER address: Yakima Valley Partners Habitat for Humanity
21 W. Mead Ave. Ste# 110
Yakima, Washington 98902
B. Title and paragraph headings are for convenient reference and are not a part of this
Contract.
C. In the event of conflict between the terms of this Contract and any terms or
conditions contained in any attached documents, a conflict or inconsistency shall be
resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including
HUD regulations governing this Project.
2. Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement
of work and/or project description, and approved HUD grant budget, in the order
in which they are attached.
4. City of Yakima Resolution authorizing this Contract.
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 and/or grant award over any provisions of law.
D. No waiver or breach of any provision of this Contract 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 Contract shall be construed and enforced
according to thelaws of the State of Washington. The venue for any action to enforce or
interpret this Contract shall lie in the Superior Court of Washington for Yakima County.
F. Should any provisions, paragraphs, sentences, words or phrases contained in this
Contract 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 Contract shall remain unmodified and in full
force and effect.
G. DEVELOPER 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. DEVELOPER shall comply with the provisions of sections 103 and 107 of the
Contract WorkHours and Safety Standard Act (40 U.S.C. 327-330) as supplemented by
AGENCY of Labor regulations (29 CFR, Part 5), as amended.
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I. DEVELOPER 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 DEVELOPER also agrees to take such action as the
federal, state or local government may directto enforce aforesaid provisions.
J. The obligations undertaken by DEVELOPER pursuant to this Contract 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.
K. This Contract shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns. Modifications to this Contract shall be in
writing and executed by both parties, except for budget adjustments which process is
specified above.
L. DEVELOPER agrees to defend, indemnify, and hold harmless the CITY, its elected
and appointed officials, agents, officers, employees, and volunteers (hereinafter
"parties protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys' fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any intentional or
negligent act, action, default, error or omission or willful misconduct arising out of the
DEVELOPER's performance, or any person acting for on DEVELOPER's behalf's
performance, under this Contract.
M. DEVELOPER 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 Contract 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.
O. 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
DEVELOPER'S responsibilities with respect to services provided under this Contract is
prohibited except on written consent of the recipient or client, their attorney or their
responsible parent or guardian or as otherwise provided by law.
P. DEVELOPER shall not assign or subcontract any portion of 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.
Q. 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 provisions
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which may conflict therewith shall be deemed modified to conform to such statutory
provision.
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Exhibit "B"
Yakima Valley Partners Habitat for Humanity
A.) PROPOSAL SUMMARY/PROJECT ABSTRACT
Yakima Valley Partners Habitat for Humanity will construct a single-family some
located at 2912 W. Arlington Ave. and sell it to a qualified low income, firs`: time
homebuyer and monitor the `Affordability Period" for a period of no less than
twenty (20) 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 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 Twenty (20) year
affordability period in exchange for all net proceeds redeemed from the sale of
the home located at 2912 W. Arlington Ave.
C.) PROGRAM GOAL AND OBJECTIVES
Goal
Create another affordable single-family residence within in the City of Yakima.
Objectives
1. Prepare site for construction.
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 da:e as
specified within this contract, Yakima Valley Partners Habitat for Humanity will
construct a new single-family dwelling to be sold to a qualified low to moderate
first time homebuyer to be monitored for a Twenty (20) year affordability period
per HUD regulations governing HOME Investment funded projects.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, Habitat for Humanity will,
1. Prepare the site for construction.
2. Construct a new Single-family dwelling.
3. Sell the property and dwelling to a qualified low to moderate-income first-time
homebuyer.
4. Monitor the property at 2912 W. Arlington Ave. for a period of no less than a
Twenty (20) year affordability period as per HOME Investment requirements.
F.) BUDGET
Yakima Valley Partners Habitat for Humanity will be reimbursed up to $87.500
between the contract execution date and end upon completion of construction, for
eligible activities, subject to the terms and conditions of the Contract.
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Exhibit "C"
(THIS PAGE LEFT BLANK INTENTIONALLY FOR "EXHIBIT C RESOLUTION")
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Exhibit "D"
Is the attached proposal as submitted to the City of Yakima on September 23, 2021.
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