HomeMy WebLinkAbout03/04/2008 21 Single-Family House Construction; Budget Amendment and Appropriations•
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of March 4, 2008
ITEM TITLE: Consideration of legislation regarding replacement, new construction of a
single - family house at 110 South 8th Street:
A. A resolution authorizing the City Manager to execute contracts for new
construction costs of a single - family, affordable house; and
B. An Ordinance Amending the 2008 Budget and Making Appropriations in
the 124 -Office of Neighborhood Development Services (ONDS) Fund
SUBMITTED BY: Bill Cook, Director of Community and Economic Development
Cindy Epperson, Financial Services Manager
CONTACT PERSON/TELEPHONE
SUMMARY EXPLANATION:
Bill Cook — 575 -6227
Archie Matthews — 575 -6101
During the year 2007, the house at 110 South 8th Street directly north of the ONDS offices,
sustained fire damage to the point it was in the best interest of the neighborhood to demolish
it. The out -of -town owner of the house was anxious to sell the property; therefore, ONDS
purchased it and demolished the-burned building using $41,950 of HOPE 3 Program funds.
In the past, ONDS has partnered with OIC of Washington in building single - family, affordable
housing in the Yakima city limits. OIC has requested to build at this location, and estimates
the total construction cost for the house would be $150,000. Upon sale of the house, OIC will
pay back $90,000 to ONDS.
ONDS recommends the use of HOPE 3 funds for this new construction. The attached
appropriation includes the construction expenditure of $150,000, and program income of
$90,000.
Resolution X Ordinance X Other (Specify)
Contract -- Mail to (name and address):
Funding Source ONDS Fund
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: A: Adopt Resolution
Phone:
fund bal
B. Read the attached ordinance by title only at the March 4, 2008 Council Meeting. Pass
ordinance after second reading at the March 18, 2008 Council Meeting.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Council Neighborhood
Development Committee reviewed this item and recommended that it be forwarded to the full
Council for consideration.
COUNCIL ACTION:
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RESOLUTION NO. R -2008-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
contract with OIC for new construction costs of a single - family
home.
WHEREAS, the City of Yakima is a recipient of 2008 U.S. Department of Housing
and Urban Development HOPE 3 funds; and
WHEREAS, the City of Yakima is required by HOPE 3 program regulations to use
these funds to promote affordable housing; and
WHEREAS, OIC of Washington requests $150,000 from HOPE 3 funds to build one
single - family home; and
WHEREAS, upon the sale of the single - family home, OIC will repay $90,000 to the
City of Yakima; and
WHEREAS, the $60,000 balance will remain in the house as a HOPE 3 net
program expense; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to authorize execution of the attached Contract with all the terms and conditions specified
therein, Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated "Contract with -OIC Washington," in the
amount of $150,000 to build a single - family home, with a repayment provision of
$90,000 due to the City of Yakima upon the sale of said home.
ADOPTED BY THE CITY COUNCIL this 4th day of March, 2008.
ATTEST:
is City Clerk
1
David Edler, Mayor
0 ORDINANCE NO. 2008
AN ORDINANCE amending the 2008 budget for the City of Yakima; and making
appropriations of $150,000 within the 124 — Office of
Neighborhood Development Services (ONDS) fund for
expenditure during 2008 to provide for new construction of a
single - family, affordable house at 110 South 8th Street.
WHEREAS, the amount of $150,000 must be appropriated within the 124 —
Office of Neighborhood Development Services fund for expenditure during 2008 to
provide for new construction costs of a single- family, affordable house, and
WHEREAS, at the time of the adoption of the 2008 budget it could not
reasonably have been foreseen that the appropriation provided for by this ordinance
would be required; and the City Council declares that an emergency exists of the type
contemplated by RCW 35.33.091 and that it is in the best interests of the City to make
the appropriation herein provided, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1: The amount of $150,000 is hereby appropriated from the HOPE 3
Unappropriated Fund Balance in the 124 — Office of Neighborhood Development
Services to the following accounts as a 2008 appropriation:
Resources:
HOPE 3 Program Income - - -- 124 - 124 - 330 - 0000 - 38500 -H3P -- $90,000
Expenditures:
HOPE 3 Single Family--- - - - - -- 124- 124 - 332 - 0000 - 5920 -48K -- $150,000
Section 2: This ordinance is one making an appropriation and shall take effect
immediately upon its passage, approval and publication as provided by law and by the
City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
, 2008.
DAVID EDLER, MAYOR -
ATTEST:
CITY CLERK
® First Reading:_
Publication Date:
Effective Date:
Cje 110 S 8th St ONDS approp 2008.doc 2/28/2008
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: OIC of Washington (hereinafter "Contractor')
2. Address: 815 Fruitvale Blvd. , Yakima WA. 98902
3. Phone: (509) 452 -2235
4. Contact Person: Chris Link
5. Title of Service or Program being Funded: a New Single Family home
Amount of Contract Award: $ 150,000 _(HOME) with a repayment provision of
$_90.,000 due to the city of Yakima upon the sale of said home. Furthermore, the City of
Yakima will carry a second mortgage not to exceed 3$ 5,00 with the qualified purchaser of the
home.
7. The term of this Contract shall commence upon execution hereof and shall terminate at
midnight, August 31 2008, unless sooner terminated by either party in accordance with
Section XXII of incorporated Exhibit "A ".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
1) `Terms and conditions* attached hereto as Exhibit "A" and incorporated herein by this
reference; and
2) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
g. Final Contract payment shall be subject
to satisfactory completion of project described in •
Exhibit B, Contractor /Subcontractor lien releases, and satisfaction of all contract terms and
conditions as stated in Exhibit °A'
This written document and incorporated exhibits constitutes the entire Contract between the parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated
below.
William Cook, CED Director
Zais, Jr., CitYPanager
CNitractor
Title:
ATTEST:
City Clerk
City Contract No.:
Date
Date
_ g- -; (& ,;X°0
Date
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Exhibit "A99
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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.
SUB -GRANT
A. NOTICE TO PROCEED
No work on the project shall occur prior to or without written approval,from the City of
Yakima Office of Neighborhood Development Services (ONDS). ONDS shall furnish
the Contractor with written notice to proceed upon release of funds from HUD related
to the project pursuant to 24 CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub - grants to the Contractor $__1 50,000 for said project.
III GENERAL BUDGET PROVISIONS
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 obligation of
the Contractor currently due and owing, but not paid. Disbursements shall be limited
to allowable costs and so shall be made upon the occurrence of all the following, in
addition to any other conditions contained herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement request on
forms provided by the City of Yakima ONDS supported by copies of vouchers,
invoices, salary and wage summaries, or other acceptable documentation; and
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable costs under
the principles set forth in Federal Management Circular 74 -4 "eligible costs
under the HOME Program" and come within the Project Budget.
B. No payment shall be made for any service rendered by the Contractor except for
services within the scope of a category set forth in the budget in Exhibit "B" of this
Contract, and all funds received must be used for service as identified in Exhibit "B" of
this Contract.
C. 1. The Contractor shall submit to the City of Yakima ONDS a written request for
approval of budget revision when a proposed revision would result in an
_ increase or decrease of ten percent (10 %) or more in an approved budget
-- -- subject category. Written budget revision approval must be received by the
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Contractor prior to the Contractor incurring any expenditures against the
revised budget sub - object categories. •
2. When the revision .of the Contractor budget does not exceed ten percent (10 %)
of an approved budget sub - object category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
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.
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.
LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially the amount of local financial support
for community development activities below the level of such support prior to the availability of
such assistance.
BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the •
end of the project within the budget of this Contract will be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts.
VIII COMPLIANCE WITH LAWS
A. GENERAL
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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.
PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
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).
2. 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. •
3. 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
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RCW 43:51.750 -.820 (Preservation of Historic Properties).
4.
Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq.,
implementing regulations, and Chapter 70.92 RCW.
5.
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.
6.
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).
7.
Contract Work Hours and Safety Standards Act, 40 USC Sections 327 -333,
(Overtime Compensation).
8.
Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 —12 (Prevailing Wage Rates).
9.
Attachment O of the Office of management and Budget Circular, A -102
(Procurement Standards) and Federal Management Circular, FMC 74-4.
10.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, and regulations contained in 24 CFR Parts 42 and 570.
11.
Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) as amended, and HUD
regulations with respect thereto including the regulations under 24 CFR Part 1.
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In the sale, lease or other transfer of land acquired, Geared 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.
12. Age Discrimination Act of 1975 (24 CFR 146).
13. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
14. Housing Quality Standards (24 CFR 882.109).
15. WBE/MBE (24 CFR 85.36 (e)).
16. 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.
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B. SEPA
The Contractor retains responsibility for fulfilling the requirements of
the State Environmental Policy Act and regulations and ordinance
adopted thereunder.
C. COMPLIANCE AS PRE - CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
IX NON - DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor agrees that it shall not discriminate against any employee or applicant
on the grounds of race, creed, color, religion, national origin, sex, marital status, age,
or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited. to: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and programs for training including apprenticeships.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24
CFR 570.601.
X NON - DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR 92.352), and shall not, on the grounds of race, color, sex, religion,
national origin, creed, marital status, or age:
1. Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which are
different, or are provided in a different manner, from those provided to others
under this Contract; separate treatment in any manner related to his receipt of
any service(s) or other benefits provided under this Contract;
3. Deny any qualified individual an opportunity to participate in any program
provided by this Contract through the provision of service(s) or otherwise, or
will afford him an opportunity to do so which is different from that afforded
others under this Contract.
B. The Contractor shall abide by all provisions of Section 504 of the HEW Rehabilitation
Act of 1973 prohibiting discrimination against handicapped individuals either through
purpose or intent.
C. If assignment and /or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall take
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
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XI LICENSING AND PROGRAM STANDARDS
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The Contractor . agrees comply ees to with all applicable Federal, State, County and Municipal
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standards for licensing, certification and operation of facilities and programs, and accreditation
and licensing of individuals, and any other standards or criteria as described in the Contract to
assure quality of services.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor, agreement, with the HOME
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD,. the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and /or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
C. The 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 as 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
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material relevant to the Contract for seven (7) years after settlement of this Contract.
The Contractor agrees that the City of Yakima, the U.S. Department of Housing and
urban Development, the Washington State Auditor, or their designees, shall have full
access to and a right to examine any of said materials at all reasonable times during
said period.
B. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XVI PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased wholly or in
part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon
its purchase or receipt become the property of the City of Yakima and/or federal government.
Final ownership and disposition of such property shall be determined under the provisions of
Attachment N of OMB, A -102. The Contractor shall be responsible for all such property,
including its care and maintenance, and shall comply with the following procedural
requirements:
1. Property records shall be maintained accurately and provide for: A description of the
property; manufacturer's serial number or other identification number, acquisition date
and cost; source of the property; percentage of HOME funds used in the purchase of
property; location, use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled with the
property records at least once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to prevent lose,
damage, or theft to the property. Any loss, damage, or theft of the property shall be
investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the property in good
condition.
5. If the Contractor elects to capitalize and depreciate such nonexpendable personal
property in lieu of claiming the acquisition cost as a direct item of cost, title to such
property shall remain with the Contractor. An election to capitalize and depreciate or
claim acquisition cost as a direct item of cost shall be irrevocable.
6. Nonexpendable personal property purchased by the Contractor under the terms of this
Contract, in which title is vested in the City of Yakima or Federal Government shall not
be rented, loaned, or otherwise passed to any person, partnership, corporation,
association or organization without the prior express approval of the City of Yakima
ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the Contractor,
title to which is vested in the City of Yakima ONDS or federal government shall, unless
otherwise provided herein or approved by the Contracting Officer, be used only for the
performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the purchase. of nonexpendable
personal property, title to which shall vest in the City of Yakima ONDS or federal
government, the Contractor agrees to execute such security agreements and other
documents as shall be necessary for the City of Yakima ONDS or federal government
to perfect its interest in such property in accordance with the "Uniform Commercial
Code - Secured Transactions" as codified in Article 9A of RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the property of the City
- of Yakima ONDS or.federal government (including expenses entered thereunto) which
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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 will 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 will 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.
XVI II 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
tThe Contractor agrees to submit a written quarterly report outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima.
XX INSURANCE
A. NOINSURANCE
It is understood that the City does not maintain liability insurance for the Contractor
and /or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00) that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect
.(any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder' shall be deleted).
Said policy shall be in effect for the duration of this Contract. The policy shall name
the City, its elected officials, officers, agents and employees as additional insured, and
shall contain a clause that the insurer will not cancel or change the insurance without
first giving the City thirty (30) calendar days prior written notice (any language in the
clause to the effect of "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company" shall be crossed out and initiated by the
insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor shall .
provide the City with a certificate of insurance as proof of commercial automobile___.
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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.
INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered entirely
to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold
harmless the City of Yakima and all of its officers, agents, employees and elected officials from
any and all liability, loss, fines, penalties or damage, inducing reasonable cost of defense, they
may suffer as a result of claims, demands, actions, or damages to any and all persons or
property, costs or judgments against the City of Yakima which result from, arise out of, or are in
any way connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
CONTRACT TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City of
Yakima ONDS may pursue such remedies as are legally available including but not limited to,
the termination of this Contract in the manner specified herein.
A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract and any
of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such scope is
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
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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, non - withstanding 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 non - withstanding any other termination provisions of this Contract.
Termination under this Section shall be effective upon receipt of written notice by the
Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed
reduction in funding by Federal or other officials. The Contractor agrees that upon
receipt of such notice it shall take appropriate and reasonable action to reduce its
spending in the affected funding area so that expenditures do not exceed the funding
level which would result if said proposed reduction became effective.
This Contract may further be terminated by the City of Yakima upon written demand by
the City of Yakima ONDS for assurances that the terms of the Project Description are
being timely complied with, if such .assurances are not made to the City's satisfaction
within thirty (30) days of the date of such written demand.
D. CLOSE -OUT
In the event that this Contract is terminated in whole or in part for any reason, the
following provisions shall apply:
1. Upon written request by the Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor shall submit within thirty (30) days after the date of expiration
of this Contract, all financial, performance and other reports required by this
Contract, and in addition, will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been performed prior to close -out 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
10 of 13 _ — 8/30/05
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.
�J
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. 0
XXV RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement. The
Contractor hereby grants to the City of Yakima, a royalty -free, non - exclusive, and irrevocable
license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to
do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not
originated in the performance of this Contract such license shall be only to the extent that the
Contractor has the right to grant such license without becoming liable to pay compensation to
others because of such grant. The Contractor shall exert all reasonable effort to advise the
City of Yakima ONDS, at the time of delivery of data furnished under this agreement, of all
invasions of the right of privacy contained therein and of all portions of such data copied from
work not composed or produced in the performance of this agreement and not licensed under
this clause. The Contractor shall report to the City of Yakima ONDS, promptly and in written
detail, each notice or claim of copyright infringement received by the Contractor with respect to
all data delivered under this agreement. The Contractor shall not affix any restrictive markings
upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right
at any time to modify, remove, obliterate, or ignore such markings.
XXVI RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided herein,
the inconsistency shall be resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including HUD •
Home Regulations.
2. General Terms and Conditions (Exhibit A).
11 of 13 8/30105
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. Any other provisions whether incorporated by reference herein or otherwise provided
that nothing herein shall be construed as giving preference to provisions of this
contract/grant award over any provisions of law.
XXVII GOVERNING LAW .
This Contract has been and shall be construed as having been entered into and delivered
within the State of Washington, and it is mutually understood and agreed by each party hereto
that this Contract shall be governed by laws of the State of Washington, both as to .
interpretation and performance.
XXVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of
Washington for Yakima County, Washington.
XXIX MODIFICATION
Either party may request changes in this Contract, however, no change or addition to this
Contract shall be valid or binding upon either party unless such change or addition be in
writing, and executed by both parties, except budget adjustments as specified in Section IV of
this Contract.
XXX SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of this
Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be
affected; and the rights and obligations of the parties shall be construed and enforced as if the
Contract did not contain the particular provision held to be invalid. If it should appear that any
provision hereof is in conflict with any statutory provision of the United States or the State of
Washington, said provision which may conflict, therewith, and shall be deemed modified to
conform to such statutory provision.
XXXI PROGRAM INCOME
Any program income shall be accounted for by the Contractor, over the contract time period,
and shall be reported to the City. Income is to be used to continue or benefit the program, as
determined by the intent and purpose of the project. .
XXXII RETURN OF HOME FUNDS
The Contractor shall return to the City all monies provided hereunder by the City to the
Contractor if any of the following occur:
1. The Contractor materially changes the primary purpose and scope of the HOME
Project as described on Exhibit "B" to the Contract; or
2. The Department of Housing and Urban Development requires a 20 year "Affordability
Period" from the date of execution of the Contract, and if the real property that is the
subject of the HOME Project described on Exhibit "B" to the Contract is sold or
transferred in any way by the Contractor.
XXXIII DEED RESTRICTIONS OR COVENANT
. - -._ 12 of 13 8/30/05
1. The Contractor shall have either a deed restriction outlining a lien on the property to be
forgiven after such time as the affordability period for the project is satisfied according to
HUD guidelines; or
2. The Contractor shall agree to a covenant restriction recorded against the property outlining
the "Affordability Period" and need for the project to continue its low to moderate benefit as
specified within HOME regulatory guidelines.
3. As defined by HUD regulations the following HOME project being new construction of
approximately $150,000 shall hereby serve an affordability period of 20 years. The
starting date of the affordability period to begin upon the date closing the activity as
reported in HUD's Integrated Disbursement and Information System.
XXXIV PROJECT PROCEEDS
HOME funds provided by the City of Yakima to the Contractor shall be repaid to the City, to the
sum of no less than, $90,000 . The Contractor shall market the new Home for appraised value
and the City of Yakima shall provide a second mortgage for the balance of the sales price, to
the qualified first time homebuyer of no more than 3$ 5,000.
�7
•
13 of 13 8130105
�J
Exhibit "B"
0
®' PROGRAM NARRATIVE DESCRIPTION AND TARGET NEIGHBORHOOD
RESIDENT INVOLVEMENT:
OIC of Washington, proposes to construct (1) single - family R -1 home for
homeownership "to a qualified family with incomes at or below 80% of the area median as
an infill project located at 110 South 8th "Street, within the City of Yakima's CDBG
Target Area. The existing parcel had an existing residential single - family home that was
demolished due to fire damage, leaving an existing carport to the rear of the property that
will need to be removed. The lot currently has city water, sewer and existing sidewalks.
Telephone, cable is available.
The single - family home proposed to be constructed is" a 1456 sq ft unit, with three
bedrooms, two bathrooms and a 528 sq ft double car attached garage. The home will have
finished lawns and perimeter fencing. The home has been designed to blend in with the
existing neighborhood and housing stock.
OIC of Washington has partnered with the Washington State Service Corps
"Americorps" program to provide training for volunteer participants in the construction
of this infill single- family home. Approximately 8 Americorp volunteers will be trained
under the direct supervision of a construction carpenter and construction manager..
The construction costs for this single family home will be $150,000, which will include
the marketing, client selection, client eligibility and sale of this unit_ Projected sale price
for this unit will be based on the appraised value. OIC anticipates the appraised value of
this home to be between $120,000 to $130,000 based on previous appraisals with similar
construction and within similar neighborhoods.
OIC proposed to return to ONDS $90,000 from the proceeds of the sale of the home with
ONDS carrying a second mortgage for the balance of the sales price.
•
Construction Cost*
Sale Price **
Proceeds from Loan to ONDS
ONDS Second Mortgage
PROPOSED FINACING
110 SOUTH 8TH STREET
$150,000 '
$120,000
$ 90,000
$ 30,000
*Includes marketing, client selection and eligibility, and sale of unit. OIC to be
reimbursed as construction expenses are incurred.
** Based on anticipated appraised value. If the sales price increases due to an increase in
the appraised value then the Second Mortgage will increase also.
•
•
_0
24jeJv"�_ Distributed at 1 ' _0 j CHAPTER III — LAND USE
uncil Meeting
GOAL 3.2: BUILD SUSTAINABLE NEW NEIGHBORHOODS.
Policies:
3.2.1 For large -scale residential projects, encourage development through
Residential Planned Development (Residential PD) zone.
312 Provide incentives such as allowing developers a density bonus In exchange
for common open space for recreational use and a legally binding
commitment to continue to protect environmentally critical areas within a
Residential — PD development.
3.2.3 Innovative design, such as Cluster Development (CD) and other Low Impact
Development ideas are encouraged to develop within the Residential PD
zone.
GOAL 3.3: , PRESERVE EXISTING NEIGHBORHOODS.
3.3.1 Preserve the character of neighborhoods such as historical character,
architecture, natural features and layout.
3.3.2 Ensure that new development 'is compatible in scale, style, density, and
aesthetic quality to an established neighborhood.
3.3.3 Integrate historic preservation by ensuring new construction and development
integrate the, existing historical buildings and landscaping to help create a
distinctive identity for the neighborhood.
GOAL 3.4: RESTORE OLD NEIGHBORHOODS AND REVITALIZE DECLINING
NEIGHBORHOODS.
Restoration and revitalization of older neighborhoods will increase property values,
provide housing close to work and preserve historic structures. Since older
neighborhoods are already served with roads, sidewalks, utilities, schools, parks and
landscaping, upgrading of these services and features is important to keeping the
neighborhoods desirable and livable.
Many policies under the goal "Build Sustainable New Neighborhoods', and the goal
"Preserve Existing Neighborhoods' can also be applied to improving old and declining
neighborhoods. In addition, the following policies also apply:
Policies:
3.4.1 Encourage preventive maintenance and appropriate reinvestment in older
and declining neighborhoods. Improve the infrastructure including, but not
limited to: park improvements, sidewalks, alleys, street maintenance, street
lighting, trees and other landscaping within the right-of-way.
3.4.2 Maintain neighborhood upkeep through strict City code compliance.
3.4.3 In the residential areas where commercial and residential uses are heavily
mixed, encourage the establishment of neighborhood commercial services
and foster mixed uses including retail, office and apartments. This is
particularly important in areas on South Second Street and South Third Street
YAKIMA URBANAREA COMPREHENSIVE PLAN PAGB III -21
CE APnit M - LAND USE
north of East Race Street. Discourage commercial uses that are non -
neighborhood related.
3.4.4 Maintain and preserve the existing single - family residential neighborhoods of
Northeast, Southeast and Barge /Chestnut areas of the City.
3.4.5 Minimize the overcrowding /over - parking issues in old neighborhoods through:
• Discouraging the conversion of single - family detached structures to multi-
family structures through zoning control. Limit, and in some cases
restrict, rezoning of R -1 to R -2 for individual single - family detached
structures.
• Encouraging development of multi- family projects as infill or
redevelopment projects in old neighborhoods as a means to provide
affordable housing.
Encouraging the conversion of residential houses to offices in areas that
serve as transitional uses between commercial and residential,
particularly along North Second Street north of Lincoln Avenue in the
Northeast Neighborhood area.
• Encouraging cohesiveness among neighborhood residents and
community, and encourage interaction. between neighborhoods and the
government.
3.4.6 Preserve and restore historic houses within the neighborhoods, using private
and public partnership when possible.
3.4.7 Allow home occupations that would not generate excessive traffic, create
parking problems, or degrade the livability or appearance of the
neighborhood.
GOAL 3.5: PROTECT AND PROMOTE IDENTIFICATION OF ARCHEOLOGICAL
AND SIGNIFICANT HISTORICAL SITES AND STRUCTURES.
P
3.5.1 Integrate historic preservation planning with plans for land use, economic
development and capital improvements.
3.5.2 Identify historic neighborhoods within the Yakima urban Area and assist in
obtaining an official classification as historic by the Local or National Register
of Historic Places.
3.5.3 Develop a process, In conjunction with State agencies and the Yakama
Nation, to evaluate significance and ensure identification of historic, cultural
and archeological resources.
3.5.4 Maintain a process to evaluate impacts of proposed land use on
archeological and significant historical sites.
3.5.5 Provide fbr adaptive reuse of archeological or significant historical sites when
the original 'or present use of a site ceases to be feasible.
GOAL 3.6: PROVIDE OPPORTUNITIES FOR OFFICE DEVELOPMENT TO
PROMOTE ECONOMIC GROWTH AND TO MEET THE NEED FOR
OFFICE SPACE IN THE YAKIMA URBAN AREA.
P°Ii=
3.6.1 Encourage clustering of office development in concentrated areas.
YAKIMA URBANMEA CODPREiUNSREPLAN PAGE III -22 0
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