Proud Ground ~ 32500051 ~ Community Land Trust Down Payment Assistance Program - CDBG Subrecipient Agreement
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32500051
Contract Start Date: 1/30/2025 Contract End Date: 12/31/2027
Contract Title: Community Land Trust Down Payment Assistance Program – CDBG Subrecipient
Agreement
Contractor Name: Proud Ground
Contract Manager: Schuyler Warren
Department: CD
Contract Costs
Original Contract Amount: $2,667,500
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $2,667,500
Procurement Authority
Contract Type: Subrecipient Agreement
Procurement Type: Grant – 10.010 Exemptions
Solicitation Number: n/a
Council Date: 1/28/2025
Account String: AmountWork Order – Activity TypeFund-Division-Account
FY 25 $1,082,500.002123000-54311
FY 2123000-54311Cont. $1,585,000.00
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Annual amendment required for allocation any federal funds. Contingency includes
amount approved by Council – but without budget appropriation, verify budget allocation each fall
after Washington County annual agreement is executed to complete amendment.
DocuSign Routing
Route for Signature Name Email Address
Contractor Dominique Merriweather dominique@proudground.org
City of Tigard Emily Tritsch Emily.tritsch@tigard-or.gov
Final Distribution
Contractor Katie Ullrich katie@proudground.org
Project Manager Schuyler Warren schuylerw@tigard-or.gov
Project Admin Joanne Bengston Joanne@tigard-or.gov
Buyer Rosie McGown Rosie.mcgown@tigard-or.gov
CITY OF TIGARD, OREGON
#32500051
Community Land Trust Down Payment Assistance Program
CDBG Subrecipient Agreement
1/30/2025
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Table of Contents
I. SCOPE OF SERVICE ........................................................................................................................... 1
A. ACTIVITIES.......................................................................................................................................... 1
B. NATIONAL OBJECTIVES ............................................................................................................... 1
C. LEVELS OF ACCOMPLISHMENT – GOALS AND PERFORMANCE MEASURES ...... 2
D. PERFORMANCE MONITORING ................................................................................................. 2
II. PROJECT DESCRIPTION .................................................................................................................. 2
III. TERM OF AGREEMENT ................................................................................................................... 2
IV. PROGRAM REPORTING ................................................................................................................... 3
V. BUDGET ................................................................................................................................................. 3
VI. PAYMENT ............................................................................................................................................... 3
VII. NOTICES ................................................................................................................................................. 4
VIII. SPECIAL CONDITIONS ..................................................................................................................... 4
A. APPRAISAL .......................................................................................................................................... 4
B. INDUCEMENT ................................................................................................................................... 4
C. COVENANTS/EQUITABLE SERVITUDES .............................................................................. 4
D. BENEFITS AND BURDENS ........................................................................................................... 5
E. FORECLOSURE. ................................................................................................................................. 5
IX. AGREEMENT DOCUMENTS IN ORDER OF PRECEDENCE ............................................. 6
X. GENERAL CONDITIONS ................................................................................................................. 6
A. GENERAL COMPLIANCE .............................................................................................................. 6
B. “INDEPENDENT CONTRACTOR” ............................................................................................. 6
C. INDEMNITY ........................................................................................................................................ 7
D. INSURANCE AND BONDING ...................................................................................................... 7
E. GRANTEE RECOGNITION ........................................................................................................... 9
F. LICENSING .......................................................................................................................................... 9
G. AMENDMENTS .................................................................................................................................. 9
H. FAILURE TO PERFORM................................................................................................................ 10
I. SUSPENSION OR TERMINATION ............................................................................................ 10
J. DISPUTES ........................................................................................................................................... 11
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K. AGREEMENT NON-RENEWAL ................................................................................................. 11
XI. ADMINISTRATIVE REQUIREMENTS ........................................................................................ 11
A. FINANCIAL MANAGEMENT ...................................................................................................... 11
B. DOCUMENTATION AND RECORD KEEPING ................................................................... 11
C. REPORTING AND PAYMENT PROCEDURES ..................................................................... 13
D. PROCUREMENT .............................................................................................................................. 16
E. USE AND REVERSION OF ASSETS .......................................................................................... 17
XII. RELOCATION, REAL PROPERTY ACQUISTION AND ONE-FOR-ONE HOUSING
REPLACEMENT ................................................................................................................................. 17
XIII. PERSONNEL AND PARTICIPANT CONDITIONS ................................................................ 18
A. CIVIL RIGHTS ................................................................................................................................... 18
B. AFFIRMATIVE ACTION................................................................................................................ 19
C. EMPLOYMENT RESTRICTIONS ................................................................................................ 20
D. CONDUCT .......................................................................................................................................... 22
XIV. ENVIRONMENTAL CONDITIONS ............................................................................................. 25
A. AIR AND WATER ............................................................................................................................ 25
B. FLOOD DISASTER PROTECTION ............................................................................................ 25
C. LEAD-BASED PAINT ..................................................................................................................... 25
D. HISTORIC PRESERVATION ........................................................................................................ 26
XV. SEVERABILITY ................................................................................................................................... 26
XVI. SECTION HEADING AND SUBHEADINGS ............................................................................ 26
XVII. WAIVER................................................................................................................................................. 26
XVIII. APPLICABLE LAW AND VENUE ................................................................................................. 26
XIX. ENTIRE AGREEMENT .................................................................................................................... 27
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Exhibit A
SCOPE OF WORK.................................................................................................................................... A-1
Exhibit B
SUBRECIPIENT DESIGNATED STAFF SIGNATURE FORM................................................... B-1
Exhibit C
TIGARD PROCUREMENT POLICY .................................................................................................. C-1
Exhibit D
BENEFIT REPORTING REQUIREMENTS ..................................................................................... D-1
Exhibit E-1
CDBG CLIENT/FAMILY INFORMATION FORM ........................................................................ E-1
Exhibit E-2
STATISTICAL REPORT FOR SERVICES PROVIDED ............................................................... E-2
Exhibit F-1
CERTIFICATION REGARDING LOBBYING ................................................................................ F-1
Exhibit F-2
SECTION 504 HANDICAPPED ACCESSIBILITY REQUIREMENTS ...................................... F-2
Exhibit G
SUBRECIPENT MONITORING CHECKLIST ................................................................................. G-1
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SUBRECIPIENT AGREEMENT BETWEEN
City of Tigard, Oregon AND
Proud Ground FOR
Community Development Block Grant (CDBG) Housing Acquisition Program
THIS AGREEMENT entered this 30th day of January 2025 by and between City of Tigard, Oregon
(“City” or “Grantee”) and Proud Ground (the “Subrecipient”).
WHEREAS, the Washington County Office of Community Development has applied for and received
funds from the United States Government under Title 1 of the Housing and Community Development
Act of 1974, as amended (HCD Act), Public Law 93-383 (“Community Development Block Grant
Program” or “CDBG Program”); and
WHEREAS, the Grantee participates as a joint entitlement community under the CDBG Program
through an intergovernmental agreement with Washington County and has been awarded funds for
housing acquisition; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds; and
WHEREAS, the Grantee has established a Construction Excise Tax to fund affordable housing
programs in accordance with the provisions of ORS 320.192; and
WHEREAS, the City Council of Tigard through its adopted Affordable Housing Plan has identified
affordable homeownership as a priority for meeting its housing goal.
NOW, THEREFORE, the parties agree as follows:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a Housing Acquisition program that
will be partially funded by a grant from the CDBG Program and partially by the Tigard
Construction Excise Tax Fund. The Subrecipient will perform and administer all activities in
connection with the project in compliance with all applicable federal, state, and local laws and
regulations governing these funds, and in a manner satisfactory to the Grantee. Specifically,
the Subrecipient will perform the following activities, all of which are eligible activities under
the CDBG program:
Refer to Exhibit A – Scope of Services
B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program’s National
Objectives: benefit low and moderate-income persons; aid in the prevention or elimination
of slums or blight; or meet community development needs having a particular urgency, as
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defined in 24 CFR 570.208. The Subrecipient represents and warrants that the activities
carried out under this Agreement will meet 24 CFR 570.208(a)(3) – Low- to Moderate-
Income Housing Benefit.
C. Levels of Accomplishment – Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
Activity Units per Month Estimated Total
Units per Year
Acquisition of Housing Unit N/A 3-5
D. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards as stated above. Substandard performance as determined by the Grantee will
constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Subrecipient within a reasonable period of time as established
by the Grantee in a notice to Subrecipient, the Grantee may initiate suspension or termination
of this Agreement in accordance with its terms. Monitoring will be in accordance with the
Subrecipient Monitoring Checklist (Exhibit G).
II. PROJECT DESCRIPTION
Type of Project: Acquisition of Real Property
Project Location(s): To Be Determined
Service Area: Tigard City Limits
Matrix Code: 01 – Acquisition of Real Property
Basic Eligibility Citation:
24 CFR 570.201(a): Acquisition
III. TERM OF AGREEMENT
The term of this Agreement is January 30, 2025 through December 31, 2027. The term of this
Agreement will be extended to cover any additional time period during which the Subrecipient
remains in control of CDBG funds or other CDBG assets, including program income, or if an
audit of the project is required. This Agreement shall be deemed automatically extended until
Subrecipient no longer controls such funds or assets, or such time as an audit is completed.
Additionally, the Subrecipient must comply with a “Continuing Use” requirement, which
assures that capital investments will provide long-term, continuous benefits to low- and
moderate-income persons or areas. Any projects or capital improvement cost paid with more
than $20,000 and up to $50,000 in CDBG funds must be able to provide benefits to low- and
moderate-income persons or areas for a minimum of five (5) years at the project site. For
projects exceeding $50,000 and up to $100,000 in CDBG funds, the minimum continuing use
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is ten (10) years. Projects that exceed $100,000 to $150,000 in CDBG funds must be held in
the same use for at least fifteen (15) years. Projects that are over $150,000 to $200,000 in
CDBG funds must be held in the same use for twenty (20) years. Projects that have $200,000
or more in CDBG funds must continue to serve the low- to moderate-income population for
a minimum of twenty-five (25) years.
IV. PROGRAM REPORTING
The Subrecipient shall submit such reports as required by the Grantee and relevant law to
meet its local obligations and its obligations to Washington County and HUD. The Grantee
will prescribe the report format, as well as the time and location for submission of such
reports. Required reports include, but are not limited to the following:
A. Quarterly reports which shall include the progress made to date, or justification for
lack of progress, in providing the services specified in Article 1, Section 1: Scope of
Services, of this Agreement.
B. Quarterly reports on demographic and income information regarding persons
assisted by the Subrecipient through this Agreement.
C. Closeout reports including a final performance report, inventory of all property
acquired or improved by CDBG funds, and final financial report, upon termination
or completion of the award.
V. BUDGET
Refer to Scope of Services Exhibit A
Budget revisions that do not alter: (A) the basic scope of services or other performance to be
provided under this Agreement, or (B) the total amount of money allocated hereunder may
be made upon mutual agreement between the parties and shall only be valid when reduced in
writing, approved and signed by the Subrecipient and the Grantee.
VI. PAYMENT
Any reimbursement made under this Agreement must comply with the applicable
requirements of 2 CFR 200. The Subrecipient may not request disbursement of funds under
this Agreement until the funds are needed for payment of allowable costs. Allowable costs are
those necessary and proper costs identified in the Scope of Services (Exhibit A) and as
approved by the Grantee.
Payments may be contingent upon certification of the Subrecipient’s financial management
system in accordance with the standards specified in 2 CFR 200.
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VII. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent in compliance with this paragraph shall be effective on the date of
delivery or sending. All notices and other written communications under this Agreement shall
be addressed to the individuals in the capacities indicated below, unless otherwise modified by
subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following
representatives:
For Grantee For Subrecipient
Schuyler Warren Katie Ullrich
Assistant Community Development
Director
Homeownership Program Director
13125 SW Hall Blvd. 5288 N. Interstate Ave
Tigard, OR 97223 Portland, OR 97217
503.718.2437 x 102 503.493.0293 x 12
SchuylerW@tigard-or.gov Katie@proudground.org
VIII. SPECIAL CONDITIONS
A. Appraisal.
Subrecipient shall obtain at its cost a third-party appraisal prepared to current Uniform
Standards of Professional Appraisal Practice (USPAP) standards identifying land value.
Appraisal report should include consideration of cost, sales comparable, and approaches to
determination of value. Appraisal must be completed within thirty (30) days prior to purchase.
B. Inducement.
The Subrecipient represents, covenants, and warrants that Grantee’s issuance to Subrecipient
of any CDBG Program funds described herein is an inducement to the Subrecipient to apply
those funds to uses in accordance with this all applicable terms of the CDBG Program. In
consideration of the issuance of CDBG Program funds, the Subrecipient has entered into
this Agreement and has agreed to restrict the uses to which those funds can be put on the
terms and conditions set forth herein.
Therefore, the Subrecipient covenants, agrees, and acknowledges that the Grantee has relied
on this Agreement, and the obligations it imposes on Subrecipient, in determining to issue
CDBG Program funds.
C. Covenants/Equitable Servitudes.
The Grantee and the Subrecipient expressly declare their intent that throughout the
Combined Affordability Period (including any Extended Period), the term of this Agreement
or until July 1, 2048, whichever is later, the covenants, restrictions, charges and easements set
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forth herein shall be deemed covenants running with the land of the Project or, alternatively,
shall be deemed equitable servitudes running with the land of the Project, and shall
respectively pass to and be binding upon the Grantee’s successors and the Subrecipient’s
successors in title (including any purchaser, grantee or lessee of any portion of the Project
and any other person or entity having any right, title or interest therein and upon the
respective heirs, executors, administrators, devisees, successors and assigns of any purchaser,
grantee or lessee of any portion of the Project and any other person or entity having any right,
title or interest therein). Each and every contract, deed or other instrument hereafter executed
covering or conveying the Project, any portion thereof or interest therein (other than a rental
agreement or lease for a dwelling unit) shall contain an express provision making such
conveyance subject to the covenants, restrictions, charges and easements contained herein;
provided, however, that any such contract, deed or other instrument shall conclusively be
held to have been executed, delivered and accepted subject to such covenants, regardless of
whether or not such covenants are set forth or incorporated by reference in such contract,
deed or other instrument. The parties will execute a memorandum of this Agreement and
record it with Washington County, Oregon.
D. Benefits and Burdens.
Subrecipient declares its understanding and intent that the burdens of the covenants and
equitable servitudes set forth herein touch and concern the land of the Project. The
Subrecipient further declares its understanding and intent that the benefits of such covenants
and equitable servitudes touch and concern the land by enhancing and increasing the
enjoyment and use of the Project by tenants, the intended beneficiaries of such covenants,
reservations, and restrictions, and by furthering the public purposes for which the Grants are
issued.
E. Foreclosure.
Except for governmental lenders, if the construction and/or permanent mortgage lender,
including its successors or assigns, lawfully acquires title to the Project through foreclosure
or deed in lieu of foreclosure, the lender shall be deemed a “successor or assign” of the
Subrecipient, and neither such lender nor such subsequent purchaser shall have any obligation
to repay the Grants to the Grantee and all conditions and restrictions contained herein
terminate on the date, if any, that the Project is so acquired by foreclosure or deed in lieu of
foreclosure. Notwithstanding the foregoing, the conditional release of restrictions against
assignments and of Grants obligations, as well as the conditional termination of conditions
and restrictions contained in this Part XI shall not apply to any foreclosure or deed of
foreclosure acquisition not accomplished in accordance with reasonable commercial
standards in an arms-length transaction or to any subsequent purchaser constituting a
“Related Person” with respect to the Subrecipient as the term Related Person is defined in
Section 42 of the Internal Revenue Code.
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IX. AGREEMENT DOCUMENTS IN ORDER OF PRECEDENCE
This Agreement consists of the following documents, which are listed in descending order of
precedence:
This Agreement less all exhibits;
Exhibit A – Scope of Services
Exhibit B – Subrecipient Designated Staff Signature Form
Exhibit C – City of Tigard Contracting Rules
Exhibit D – Benefit Reporting Requirements
Exhibit E-1 – CDBG Client/Family Information
Exhibit E-2 – Statistical Report for Services Provided
Exhibit F-1 – Certification Regarding Lobbying
Exhibit F-2 – Section 504 Handicapped Accessibility
Exhibit G – Subrecipient Monitoring Checklist
Requirements All Exhibits are attached and incorporated herein by reference.
X. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations (CFR), Part 570 (the U.S. Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)) including
subpart K of these regulations, except that (1) the Subrecipient does not assume the
Washington County Office of Community Development’s (the “Office”) environmental
responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume
the Office’s responsibility for initiating the review process under the provisions of 24
CFR 52. The Subrecipient also agrees to comply with all other applicable federal, state, and
local laws, regulations, and policies governing the funds provided under this Agreement.
The Subrecipient further agrees to utilize funds available under this Agreement to
supplement rather that supplant funds otherwise available.
B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating, or establishing the relationship of employer/employee between the parties.
The Subrecipient shall at all times remain an “independent contractor” with respect to
the services to be performed under this Agreement. The Grantee shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life or medical
insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent
contractor.
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C. Indemnity
To the maximum extent permitted by law, the Subrecipient shall hold harmless, defend and
indemnify the Grantee and its appointed and elected officers and employees from and
against any and all liability, loss, costs, damage and expense, including costs and attorney
fees in defense thereof because of any and all claims, actions, lawsuits, damages, charges
and judgments whatsoever that arise out of the Subrecipient’s performance or
nonperformance of the services or subject matter called for in this Agreement.
D. Insurance and Bonding
Contractor and its subcontractors must maintain insurance acceptable to City in full
force and effect throughout the term of this Agreement. Such insurance must cover risks
arising directly or indirectly out of Contractor's activities or work hereunder, including
the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least
the following limits and coverages:
i. Commercial General Liability Insurance
Contractor will obtain, at Contractor’s expense, and keep in effect during the
term of this Agreement, Comprehensive General Liability Insurance covering
Bodily Injury and Property Damage on an “occurrence” form (CG 2010 1185
or equivalent). The policy must be endorsed with Additional Insured, Per Project
Aggregate, Products and Completed Operations, and Personal & Advertising
Injury endorsements. This coverage must include Contractual Liability insurance
for the indemnity provided under this Agreement. The following insurance will
be carried:
Coverage Limit
General Aggregate $2,000,000
Each Occurrence $1,000,000
ii. Commercial Automobile Insurance
Contractor must also obtain, at Contractor’s expense, and keep in effect during
the term of the contract, Commercial Automobile Liability coverage including
coverage for all owned, hired, and non-owned vehicles on an “occurrence” form.
The Combined Single Limit per occurrence may not be less than $2,000,000.
If Contractor uses a personally-owned vehicle for business use under this
Agreement, the Contractor will obtain, at Contractor’s expense, and keep in
effect during the term of the contract, business automobile liability coverage for
all owned vehicles on an “occurrence” form. The Combined Single Limit per
occurrence may not be less than $2,000,000.
iii. Workers’ Compensation Insurance
All employers, including Contractor, that employ subject workers who work
under this Agreement in the State of Oregon must comply with ORS 656.017
and provide the required Workers´ Compensation coverage, unless such
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employers are exempt under ORS 656.126. Contractor will ensure that each of
its sub-contractors complies with these requirements.
iv. Additional Insured Provision
All required insurance policies, other than Workers’ Compensation and
Professional Liability, must name the City its officers, employees, agents, and
representatives as additional insureds with respect to this Agreement.
v. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance
company deemed acceptable by the City. All policies of insurance must be
written by companies having an A.M. Best rating of "A-VII" or better, or
equivalent. The City reserves the right to reject all or any insurance carrier(s) with
an unacceptable financial rating.
vi. Self-Insurance
The City understands that some contractors may self-insure for business risks
and the City will consider whether such self-insurance is acceptable if it meets
the minimum insurance requirements for the type of coverage required. If
Contractor is self-insured for commercial general liability or automobile liability
insurance, Contractor must provide evidence of such self-insurance. Contractor
must provide a Certificate of Insurance showing evidence of the coverage
amounts on a form acceptable to the City. The City reserves the right in its sole
discretion to determine whether self-insurance is adequate.
vii. Certificates of Insurance
As evidence of the insurance coverage required by the Agreement, Contractor
will furnish a Certificate of Insurance to the City. No contract is effective until
the required Certificates of Insurance have been received and approved by the
City. The certificate will specify and document all provisions within this
Agreement and include a copy of Additional Insured Endorsement. A renewal
certificate will be sent to the below address prior to coverage expiration.
viii. Primary Coverage Clarification
The parties agree that Contractor’s coverage is primary to the extent permitted
by law. The parties further agree that other insurance maintained by the City is
excess and not contributory insurance with the insurance required in this section.
ix. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all
general liability policies required by this Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such
insurance will be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
contractspurchasing@tigard-or.gov
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At the discretion of the City, a copy of each insurance policy, certified as a true
copy by an authorized representative of the issuing insurance company, may be
required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the
work. The procuring of such required insurance will not be construed to limit
Contractor’s liability hereunder. Notwithstanding said insurance, Contractor is
obligated for the total amount of any damage, injury, or loss caused by negligence
or neglect connected with this Agreement.
E. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services
through this Agreement. All activities, facilities and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to this support provided herein in all publications
made possible with funds made available under this Agreement.
F. Licensing
The Subrecipient agrees to comply with and obtain at its own expense, if necessary, all
applicable federal, state, county or municipal standards for licensing, certifications and
operation of facilities and programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in this Agreement to assure quality of services.
In the event of an investigation or suspension regarding any Subrecipient license related
to the services for which the Grantee is providing funding under this Agreement, the
Grantee may terminate this Agreement and withhold further Agreement funds. In
addition, monies already received under this Agreement may be owed back to the
Grantee.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments comply with relevant law, make specific reference to this Agreement, and
are executed in writing and signed by a duly authorized representative of each party. Major
changes, including the scope of work, performance measures or any increase or decrease
in the amount of the Subrecipient’s compensation may require approval by the City
Council before being signed by a duly authorized representative of the City.
The Grantee may, in its discretion, amend this Agreement to conform with federal, state,
or local governmental laws, regulations, policies and available funding amounts, or for
other reasons required by law. If such amendments result in a change in the funding, the
scope of services, or schedule of the activities to be undertaken as part of this Agreement,
such modifications will be incorporated only by written amendment signed by both
Grantee and Subrecipient.
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Minor changes to the scope of work, budget line items, timing, reporting, or performance
measures may be approved by a duly authorized representative of the City.
H. Failure to Perform
In the event of a failure by the Subrecipient to comply with any term or condition of this
Agreement or to provide in any manner activities or other performance as agreed herein,
the Grantee reserves the right to temporarily withhold all or any part of payment pending
correction of the deficiency, suspend all or part of the Agreement, or prohibit the
Subrecipient from incurring additional obligation of funds until the Grantee is satisfied
that corrective action has been taken or completed. The option to withhold funds is in
addition to, and not in lieu of the Grantee’s right to suspend or terminate this
Agreement. The Grantee may consider performance under this Agreement when
considering future awards.
I. Suspension or Termination
In accordance with 2 CFR 200, the Grantee may suspend or terminate this Agreement if
the Subrecipient fails to materially comply with any of its terms, including without
limitation:
1. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement;
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect; or
5. Failure to take satisfactory corrective action as directed by the Grantee.
In accordance with 2 CFR 200, this Agreement may also be terminated for convenience
by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons
for such termination, the effective date, and, in the case of partial termination, the portion
to be terminated. However, if in the case of a partial termination, the Grantee determines
that the remaining portion of the award will not accomplish the purpose for which the
award was made, the Grantee may terminate the award in its entirety.
If funding from the federal government or any other source is withdrawn, reduced, or
limited in any way on or after the effective date of this Agreement but prior to its
completion, the Grantee may summarily terminate this Agreement as to the funds
reduced or limited, notwithstanding any other termination provisions of this agreement.
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In the case of a suspension or termination, monies already received under this Agreement
may be owed back to the Grantee and the Grantee may also declare the Subrecipient
ineligible for further participation in the CDBG program.
J. Disputes
Disagreements between the Grantee and the Subrecipient concerning the meaning,
requirements, or performance of this Agreement shall be subject to final determination
in writing by the City Manager or in accordance with the applicable procedures (if any)
required by the state or federal government.
K. Agreement Non-renewal
The Subrecipient understands and agrees that there is no representation, implication, or
understanding this Agreement will be renewed by the City or that a new agreement will
follow the expiration or termination of this Agreement and waives all rights or claims to
notice respecting any failure to continue purchase of all or any such services from
Subrecipient.
XI. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR 200, as
applicable. These principles shall be applied for all costs incurred whether charged on
a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this
Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the
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National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and
g. Other records necessary to document compliance with Subpart K of 24 CFR 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of at least four
(4) years. The retention period begins on the date of the submission of the Grantee’s
annual performance and evaluation report to HUD in which the activities assisted
under the Agreement are reported on for the final time. Notwithstanding the above,
if there is litigation, claims, audits, negotiations for other actions that involve any of
the records cited and that have started before the expiration of the four-year period,
then such records must be retained until completion of the actions and resolution of
all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided.
Such information shall be made available to Grantee monitors or their designees for
review upon request. Nothing, however, prohibits the disclosure of information
summaries, statistical, or other forms, which do not identify particular individuals.
Subject to the requirements of Oregon Public Records Act, all client information,
including lists of persons receiving services obtained by the Subrecipient in the
performance Agreement, shall be considered confidential and not divulged for any
purpose not directly connected with the administration of the Agreement or
monitoring and evaluation by the Grantee.
4. Disclosure
The Subrecipient understands that client information collected under this Agreement
is private and the use or disclosure of such information, when not directly connected
with the administration of the Grantee’s or Subrecipient’s responsibilities with respect
to services provided under this Agreement, is prohibited unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
5. Close-outs
The Subrecipient’s obligation to the Grantee shall not end until all close-out
requirements are completed. Activities during this close-out period shall include, but are
not limited to: making final payments, disposing of program assets (including the return
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of all unused materials, equipment, unspent cash advances, program income balances,
and accounts receivable to the Grantee), and determining the custodianship of records.
Not withstanding the foregoing, the terms of this Agreement shall remain in effect
during any period that the Subrecipient has control over CDBG funds, including
program income.
6. Audits and Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall
be made available to the Grantee, grantor agency, and the Comptroller General of the
United States or any of their authorized representatives or agents, at any time during
normal business hours, as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports
must be fully cleared by the Subrecipient within 30 days after receipt by the
Subrecipient. Failure of the Subrecipient to comply with the above audit requirements
will constitute a breach of this Agreement and may result in the withholding of future
payments, termination, or other action against the Subrecipient in accordance with
relevant law.
The Subrecipient will have an annual agency audit conducted in accordance with
current Grantee policy concerning subrecipient audits and 2 CFR 200.
A copy of the audit with and accompanying management letter shall be submitted
annually to the City within two (2) weeks of the date of the audit report. The audit
shall include, at a minimum, assurances that: 1) financial statements present fairly the
financial position of the Subrecipient; 2) costs charged the Grantee are appropriate;
and
3) the Subrecipient is complying with conditions of the Agreement.
The Subrecipient is responsible for either including subcontractors within its own
annual audit or assuring that separate independent audits are conducted and
submitted to the Grantee for each subcontractor.
C. Reporting and Payment Procedures
1. Program Income
At least once a quarter, the Subrecipient shall report all program income (as defined
at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made
available under this contract. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional funds
by the amount of any such program income balance on hand. All unexpended
program income shall be returned to the Grantee at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury and from funds held in
a revolving fund account is not program income and shall be remitted promptly to
the Grantee.
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2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation
plan for determining the appropriate Subrecipient’s share of administrative costs and
shall submit such plan to the Grantee for approval, in a form specified by the Grantee.
3. Payment General Statement
The Grantee will pay the Subrecipient funds available under this Agreement based
upon information submitted by the Subrecipient and consistent with any approved
budget and Grantee policy concerning payments. With the exception of certain
advances, payments will be made for eligible expenses actually incurred by the
Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted
by the Grantee in accordance with advance fund and program income balances
available in Subrecipient accounts. The Grantee reserves the right to liquidate funds
available in the Subrecipient accounts. In addition, the Grantee reserves the right to
liquidate funds available under this Agreement for costs incurred by the Grantee on
behalf of the Subrecipient.
The Grantee shall reimburse the Subrecipient its allowable costs for the services
identified in this Agreement in accordance with the budget outlined in Exhibit A
upon presentation of properly executed reimbursement forms as provided by and
approved by the Grantee.
Such reimbursement shall constitute full and complete payment by the Grantee under
this Agreement. Allowable costs shall mean those necessary and proper costs
identified in the Subrecipient’s budget (Exhibit A) and approved by the Grantee
unless any or all such costs are disallowed by the State of Oregon or HUD.
Any reimbursement made under this Agreement must comply with the applicable
requirements of 24 CFR Part 85. The Subrecipient may not request disbursement of
funds under this Agreement until the funds are needed for payment of allowable
costs.
4. Payments
This is a reimbursable grant. Subrecipient must complete or make progress on the
Project before grant funds will be disbursed. Subrecipient must submit the final
request for reimbursement to Grantee within thirty (30) calendar days of termination
of this Agreement and is due no later than January 31, 2028.
Reimbursement requests will be emailed to Schuyler Warren at schulyerw@tigard-
or.gov. Payments will be made within thirty (30) days of the receipt and approval of
completed reimbursement request that includes all relevant invoice documentation.
All invoices shall be supported with signed and dated documentation such as bills,
receipts, invoices, payroll records and time sheets.
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Reimbursement payments shall be made to 5288 N Interstate Ave, Portland, OR 97217.
Payments may be contingent upon certification of the Subrecipient’s financial
management system in accordance with the standards specified in 2 CFR 200.
Request for Reimbursement.
a. Recipient may request disbursement of the grant funds for up to a six-month
period, but no more than once per month.
b. To request reimbursement, Subrecipient must submit an invoice showing current
and cumulative costs by budget category as identified in Exhibit A (i.e. Program
Delivery Fee, Home Purchase).
c. This invoice must include attached of services rendered (i.e. Final Borrower’s
Statement, Land Lease)
In the event that the Grantee or HUD determines that any funds were expended by
the Subrecipient for unauthorized or ineligible purposes, or the expenditures
constitute disallowed costs in any other way, the Grantee or HUD may order
repayment of the same. The Subrecipient shall remit the disallowed amount to the
Grantee within thirty (30) days of written notice of the disallowance.
a. The Subrecipient agrees that funds determined by the Grantee to be surplus
upon completion of the Agreement will be subject to cancellation by the
Grantee.
b. The Grantee shall be relieved of any obligation for payments if funds allocated
to the Grantee cease to be available for any cause other than Grantee’s
misfeasance.
c. The Grantee reserves the right to withhold payments pending timely delivery
of program reports or documents as may be required under this Agreement.
5. Documentation of Costs and Other Financial Reporting
All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers, or other official documentation, as evidence of the nature and propriety of
the charges. All accounting documents pertaining in whole or in part to this
Agreement shall be clearly identified and readily accessible, and upon reasonable
notice, the City and HUD shall have the right to audit the records of the Subrecipient
as they relate to the Agreement and the activities and services described herein.
The Subrecipient shall also:
a. Maintain an effective system of internal fiscal control and accountability for
all CDBG funds and property acquired or improved with CDBG funds, and
make sure the same are used solely for authorized purposes.
b. Keep a continuing record of all disbursements by date, check number,
amount, vendor, description of items purchased and line item from which the
money was expended, as reflected in the Subrecipient’s accounting records.
c. Maintain payroll, financial, and expense reimbursement records for a period
of five (5) years after final payment and all other pending matters are closed
under this Agreement.
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d. Permit inspection and audit of its records with respect to all matters
authorized by this Agreement by representatives of the Grantee or HUD at
any time during normal business hours and as often as necessary.
e. Inform the Grantee concerning any funds allocated to the Subrecipient, that
the Subrecipient anticipates will not be expended during the term of this
Agreement and permit the reassignment of the same by the Grantee to other
Subrecipients.
f. Repay the Grantee any funds in its possession at the time of the termination
of this Agreement that may be due to the Grantee or HUD.
g. Maintain complete records concerning the receipt and use of all program
income. Program income shall be reported on a quarterly basis of forms
provided by the Grantee.
6. Reporting
Statistical Reports will be submitted to the Grantee no later than 15 days after the
end of each quarter commencing July 1, 2025, with subsequent reports and
invoices due 15 days after the end of each quarter commencing October 1, 2025,
and concluding March 31, 2028. A final report describing program achievements,
a comparison to objectives and discussion of problems and solutions, shall be
submitted within 30 days of Grantee’s final reimbursement payment to
Subrecipient. Reports shall include statistical reports covering the program
period, to date. The Subrecipient is responsible for providing to Grantee all
contractor and subcontractor wage scale reporting to determine compliance with
applicable labor standards of this Agreement.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase
of equipment and shall maintain inventory records of all non-expendable personal
property as may be procured with funds pursuant to this Agreement. Non-expendable
personal property is personal property that, regardless of cost or dollar value, has a
normal life expectancy of more than one year, has continuing use as a self-contained
unit, is not consumed in use, does not lose its identity when put to use, or does not
ordinarily become a non-severable component of other personal property. All
program assets (unexpended program income, property, equipment, etc.) shall revert
to the Grantee upon termination of this Agreement.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all
materials, property, or services in accordance with the requirements of 2 CFR 200.
3. Travel
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The Subrecipient shall obtain written approval from the Grantee for any travel
outside the Portland, Oregon metropolitan area with funds provided under this
Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 2 CFR 200 and 24 CFR 570.502, 570.503, and
5701.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG Program funds on hand
and any accounts receivable attributable to the use of funds under this Agreement
at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient’s control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be
used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208
until twenty-five (25) years after expiration of this Agreement. If the Subrecipient
fails to use CDBG-assisted real property in a manner that meets a CDBG
National Objective for the prescribed period of time, the Subrecipient shall pay
the Grantee an amount equal to the current fair market value of the property less
any portion of the value attributable to expenditures of non-CDBG funds for
acquisition of, or improvement t, the property. Such payment shall constitute
program income to the Grantee. The Subrecipient may retain real property
acquired or improved under this Agreement after the expiration of the applicable
time period.
3. In all cases in which equipment acquired, in whole or in part, with funds under
this Agreement sold, the proceeds shall be program income (prorated to reflect
the extent to the funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee in an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to
acquire the equipment.
XII. RELOCATION, REAL PROPERTY ACQUISTION AND ONE-FOR-ONE HOUSING
REPLACEMENT
As applicable, the Subrecipient agrees to comply with (a) the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulation at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c)
governing the Residential Anti-displacement and Relocation Assistance Plan under section
104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional
relocation policies. The Subrecipient shall provide relocation assistance to displaced persons
as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition,
rehabilitation, demolition, or conversion for a CDBG-assisted project. The Subrecipient also
agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the
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displacement of persons form their residences.
XIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights of 1968 as amended, Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended (HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063,
and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107
and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24
CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the HCDA are still applicable.
If Grantee has approved in writing an assignment of this Agreement or a subcontract
pursuant to it, the assignment or subcontract shall include appropriate safeguards
against discrimination in client services binding upon each assignee or subcontractor.
The Subrecipient shall take such actions as may be required to ensure the assignee or
subcontractor fully complies with the Subrecipient’s non-discrimination obligations,
including sanctions for noncompliance.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P.L. 88-352) and 24 CFR 570.601 and 570.602. If financial assistance that
Grantee provides to Subrecipient concerns the sale, lease, or transfer of another
interest in land that is acquired, cleared or improved, the Subrecipient shall cause or
require a covenant running with the land to be inserted in the deed or lease for such
transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in
the used or occupancy of such land, or in any improvements erected or to be erected
thereon, providing that the Grantee and the United States are beneficiaries of and
entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to
carry out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which
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prohibits discrimination against individuals with disabilities or handicaps in any
federally assisted program.
B. Affirmative Action
1. Approved Plan
To the fullest extent allowed by law, the Subrecipient agrees that it shall carry out an
Affirmative Action Program that meets the principles articulated in Executive Order
11246 of September 24, 1966. Subrecipient may request Grantee to provide
Subrecipient guidelines assist Subrecipient in the formulation of such program. The
Subrecipient shall submit a plan for an Affirmative Action Program for approval prior
to the award of funds.
2. Women- and Minority- Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises, and women’s business enterprises the maximum practicable opportunity
to participate in the performance of this Agreement. As used in this Agreement, the
terms “small business” means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority group
members” are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-
heritage Americans, Asian- Americans, and American Indians. The Subrecipient may
rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own assigns or subcontractors to
furnish all information and reports required hereunder and will permit access to its
books, records and accounts by the Grantee, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a
notice advising the labor union or workers’ representative of the Subrecipient’s
commitments and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for employees placed by
or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative
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Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs A., Civil Rights, and B.,
Affirmative Action, in every subcontract or purchase order, expressly or by reference,
so that such provisions will be binding upon each of its own assigns or
subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; inherently
religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
To the extent applicable to the activities Subrecipient will provide under this
Agreement, the Subrecipient will comply with the requirements of the U.S. Secretary
of Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other
applicable federal, state and local laws and regulations pertaining to labor standards if
those acts apply to the performance of this Agreement. The Subrecipient agrees to
comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its
implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
Subrecipient shall maintain documentation that demonstrates compliance with hour
and wage requirements of this part. Such documentation shall be made available to
the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction
of residential property containing less than eight (8) units, all contractors engaged
under contracts in excess of $2,000.00 for construction, renovation or repair work
financed in whole or in part with assistance provided under this contract, shall comply
with federal requirements pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR Parts 1,
3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to
journey workers; provided that, if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to relieve
the Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such contracts subject
to such regulations, provisions meeting the requirements of this paragraph.
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3. “Section 3” Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be in condition of the federal financial assistance provided under
this Agreement and binding upon the Grantee, the Subrecipient and any of the
Subrecipient’s assigns and subcontractors, as well as their successors and assigns,
to those sanctions specified by the Agreement through which federal assistance
is provided. The Subrecipient certifies that no contractual or other limitation
exists that would prevent compliance with these requirements.
As part of complying with these “Section 3” requirements, Subrecipient will
include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD 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). Section 3 requires that, to the greatest
extent feasible, opportunities for training and employment be given
to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to
business concerns that provide economic opportunities for low-
and very low-income persons residing in the metropolitan area in
which the project is located.”
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the Portland, Oregon metropolitan area; where feasible, priority
should be given to low- and very low-income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs; and award contracts for
work undertaken in connection with housing rehabilitation (including reduction
and abatement of lead- based paint hazards), housing construction, or other
public construction project to business concerns that provide economic
opportunities for low- and very low- income in which the CDBG-funded project
is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the
service area of the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs.
The Subrecipient certifies that no contractual or other limitation exists that would
prevent compliance with these requirements.
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b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker’s
representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient will not subcontract with any entity where it has notice or knowledge
that the latter has been found in violation of regulations under 24 CFR Part 135
and will not let any subcontract unless the entity has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the
prior written consent of the Grantee; provided, however, that claims for money due or to
become due to the Subrecipient from the Grantee under this Agreement may be assigned
to a bank, trust company, or other financial institution without such approval. Notice of
any such assignment or transfer shall be furnished promptly to the Grantee.
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontract in the performance of this
Agreement without the prior written consent of the Grantee.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to
assure compliance with this Agreement. Results of monitoring efforts shall
be summarized in written reports and supported with documented evidence
of follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this Agreement in its
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entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement, and to require the subcontractor to
acknowledge the applicability of this Agreement to the subcontract.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open
competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the Grantee along
with documentation concerning the selection process.
e. Debarred, Suspended or Ineligible Contractors, Subrecipient or Officers
The Subrecipient agrees to comply with the applicable provisions of 24 CFR
570.609 regarding the Debarred, Suspended or Ineligible Contractors or
Subrecipients. The Subrecipient shall not use CDBG funds to directly or
indirectly employ, award contracts to, or otherwise engage the services of, or
fund any contractor or subrecipient during any period of debarment,
suspension, or placement in ineligibility status under the provisions of 24
CFR Part 5. The Subrecipient shall not have officers or board members that
are debarred, suspended or ineligible to work on projects using federal funds.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 24 CFR
570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by
Federal funds.
b. No employee, officer, or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest
in any contract, or have a financial interest in any contract, subcontract,
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or agreement with respect to the CDBG-assisted activity, or with respect
to the proceeds from the CDBG-assisted activity, either for themselves
or those with whom they have business or immediate family ties, during
their tenure or for a period of one (1) year thereafter. For purposes of this
paragraph, a “covered person” includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Grantee,
the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby represents and warrants that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan, or cooperative
agreement;
b. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee
of Congress, or any employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and
disclose accordingly.
d. Lobbying Certification
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S.C. Any person who fails
to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
6. Copyright
If this Agreement results in any copyrightable material or inventions, the Grantee and/or
grantor agency reserves the right to royalty-free, non-exclusive, and irrevocable license to
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reproduce, publish or otherwise use and to authorize others to use, the work or materials
for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized
for inherently religious activities prohibited by 24 CFR 570.2009(j), such as worship,
religious instruction, or proselytization.
XIV. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
Clean Air Act, 42 U.S.C., 7401, et seq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part
50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead-Based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to
all CDBG-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions availability of blood lead level screening for
children under seven. The notice should also point out that if lead-based paint is found on the
property, abatement measures may be undertaken. The regulations further require that,
depending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement may be conducted.
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D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance of
this Agreement.
In general, this requires concurrence from the Oregon State Historic Preservation Office for
all rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a federal, state, or local historic property list.
XV. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not
be affected thereby, and all other parts of this Agreement shall nevertheless be in full force
and effect.
XVI. SECTION HEADING AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
XVII. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the Grantee to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XVIII. APPLICABLE LAW AND VENUE
This Agreement is governed by the laws of the United States and the laws of the State of
Oregon, without regard to conflict of laws principles. Any action relative to this Agreement
must be brought in Washington County Circuit Court, unless the action must be brought in a
federal forum, in which case it will be brought in the U.S. District Court of Oregon, Portland
Division. Any trial will be to the court without a jury. The parties’ consent to the personal
jurisdiction of these courts.
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XIX. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient
for the use of funds received under this Agreement and it supersedes all prior of
contemporaneous communications and proposals, whether electronic, oral, or written between
the Grantee and the Subrecipient with respect to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.
[Grantee] [Subrecipient]
By By
Name________________________________ Name
Title _________________________________ Title
Date _________________________________ Date
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Dominique Merriweather
Executive Director
2/10/2025
Assistant City Manager, Tigard
Emily Tritsch
City of Tigard Page |A - 1
Exhibit A
Scope of work
Subrecipient will use CDBG and CET funds for assisting first-time homebuyers with the purchase of
a home. The project will benefit between three to five (3-5) first-time homebuyers per year (for a total
of 9-15 homebuyers through the term of the Agreement) earning up to 80% of area median income
(AMI). First-time homebuyers are defined as having not owned a home during the 3-year period prior
to purchase with this assistance.
Upon any subsequent resale, the assisted home will remain affordable to homebuyers earning up to
80% of AMI through the Community Land Trust model of homeownership.
Homes purchased under the provisions of this program must be located within the corporate
boundaries of the City of Tigard or must be contiguous with the corporate boundaries and eligible for
annexation to the city.
Changes to the program goals, scope of services, schedule, or budget, unless otherwise noted, may
only be made through a written amendment to the Agreement, executed by the Subrecipient and
Grantee.
1. TASKS
A. Subrecipient will provide the following:
Advertise the program and conduct outreach to ensure sufficient participation from potential
homebuyers.
Work with the potential homebuyer in searching for a suitable house.
Conduct affirmative marketing to communities historically impacted by discriminatory
housing practices such as redlining, predatory lending, and exclusionary deed restrictions.
Assist potential homebuyers in the completion of an application and gather all program
eligibility documentation. Provide translation services to meet the needs of non-English-
speaking potential homebuyers.
Make arrangements acceptable to the potential homebuyer to ensure equal access to services,
if a potential homebuyer has impaired mobility or other disabilities.
Provide potential homebuyers detailed education regarding the Community Land Trust model
of homeownership.
Coordination of the acquisition process including documentation and recording of all
necessary compliance objectives associated with CET and/or CDBG funding. Only vacant
houses, bank-owned houses, or owner-occupied houses will be purchased with CDBG
funding.
Provide program information to potential participants and determine income eligibility using
the most current HUD Income Limits found at:
https://www.huduser.gov/portal/datasets/il/il2021/select_Geography.odn
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B. Subrecipient will notify the Grantee of potential properties and await Environmental Review
clearance from the Grantee before CDBG funds are committed to the project. A purchase offer
may be made on the house prior to Environmental Review clearance provided that the following
language is addended to the sale agreement: “Notwithstanding any other provision of this
contract, Buyer shall have no obligation to purchase the Property, and no transfer of title to the
Buyer may occur, unless and until City of Tigard has provided Buyer and/or Seller with a written
notification that it has completed and approved a federally required environmental review and,
subject to any other Contingencies in this contract, (a) the purchase may proceed, or the
purchase may proceed only if certain conditions to address issues in the environmental review
shall be satisfied before or after the purchase of the property.”
C. When a home is found and the potential homebuyer is ready to make an offer, the earnest
money agreement shall be written to explain that the land will be owned by Subrecipient and
the home by the potential homebuyer.
D. An appraisal to establish the fair market value shall be completed. This appraisal, along with the
actual sales price to the homebuyer, must be included in the land lease signed by the homebuyer
and Subrecipient. The land lease is the legal document that ensures a home’s permanent
affordability.
E. Prior to the closing of the house sale, a home inspection by an independent home inspector will
be completed. For CDBG funded homes, the Grantee will coordinate with Washington County
as the CDBG administrative body for timely environmental review.
F. An eligible house must be in good condition at time of purchase, but minor repairs may be
made if required, using Proud Ground’s Rehabilitation and Repair Guidelines for the Buyer
Initiated Program. The estimated cost of each activity (not to exceed $10,000), the materials to
be used, and industry or regulatory standards to be met must be itemized on a detailed list that
will be used to determine the scope of work. This detailed list must be initialed and dated by the
homebuyer prior to securing bids for the rehabilitation work. Subrecipient will provide the
Grantee a copy of the detailed list for review.
G. Subrecipient will assist homebuyers in the identification and selection of contractors using
Proud Ground’s list of rehabilitation contractors. Subrecipient will solicit quotes and maintain
project files relating to the rehabilitation including, but not limited to, a record of contractor
solicitation to prove cost reasonableness, contracts (including a detailed scope of work), change
orders, debarment checks of contractors from www.sam.gov prior to the execution of such
contract.
H. Participating families must occupy the unit as their principal residence.
I. If an assisted homeowner decides to sell, Subrecipient will follow the Resale Formula outlined
in the Land Lease Agreement to ensure the original homeowner receives a fair return.
J. At the time of resale, the house must be sold to another income-eligible household (earning less
than 80% of AMI).
K. CDBG funds will be accounted and documented separately from other funds received by
Subrecipient.
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FEDERAL AWARD INFORMATION
Any Federal Award Information provided in Amendments to this Agreement must be passed on to
any subaward made under this Agreement. The following information will be provided to the
Subrecipient.
A. Federal Award Number
B. Name of Federal Awarding Agency
C. Federal Award Date
D. CFDA #
E. Total Amount of Annual CDBG Awarded to Washington County
F. Amount of Federal Funds for this Project
PROJECT BUDGET
Budget Categories
Home Purchase (Assistance to Homebuyer)
Program Delivery Fee – no more than $5,000 per home without the prior written
authorization of the City’s program manager, but in no instance more than $10,000 per home.
The funds provided under this Agreement will be provided as direct assistance with no repayment
necessary. Subrecipient costs, “Program Delivery Fee”, include staff and related cost for outreach
efforts, homebuyer counseling and education, screening potential applicants’ households for eligibility,
preparing work specifications for rehabilitation, reviewing inspections completed on the home,
screening home for entry into the program, final processing and review of buyer qualification and
preparation of legal documents.
Component Activities (CDBG vs. Others):
CDBG = All Grantee CDBG Funds spent at time of execution, additional funds will become
available annually though Amendment beginning Fall 2025.
City of Tigard CET = $1,082,500
Total award amount available: $1,082,500
Future awards are subject to Washington County CDBG allocation to Grantee and Grantee Council
budget appropriation that occurs during the annual Grantee budget process. Additional funds will be
awarded through Amendment to this Agreement. At no time will the total award under this
Agreement exceed $2,667,500.
Annually, upon completion of the Grantee’s Agreement with Washington County finalizing Grantee’s
CDBG allocation, Grantee will provide Subrecipient with a written notification, in the form of an
Amendment to this Agreement, of the of the federal award information and project budget for the
following City of Tigard fiscal year (July 1 – June 30).
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Any reduction in the total budget authority will be done after consultation with the Subrecipient and
will require a modification of this Agreement. Any funds unspent at the end of the Agreement period
will be retained by the Grantee for allocation to another project.
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Exhibit B
Subrecipient Designated Staff Signature Form
1. Individual Responsible for Carrying Out the Terms of This Agreement:
Name
Title
Signature
2. Individual(s) Authorized to Sign Payment Requests and Reports:
Name Name
Title Title
Signature Signature
Subrecipient:
Activity: Activity No.:
Proud Ground
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Dominique Merriweather
Executive Director
Dominique Merriweather
Executive Director
City of Tigard Page | C-1
Exhibit C
Tigard Procurement Policy
The City of Tigard adopted its most recent public contracting rules (“Rules”) by resolution. The city
will use a resolution to adopt future amendments to the rules. The most recent updates to the Rules
are contained in Resolution No. 21-05. Exhibit B to Resolution No. 21-05 contains the Rules. The
Rules and amendments to them are incorporated by reference into this Agreement.
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Exhibit D
Benefit Reporting Requirements
All Community Development Block Grant (CDBG) funded projects are required by the U.S.
Department of Housing and Urban Development (HUD) to meet one of the National Objectives of
the CDBG program, identified by HUD as 1) Benefit to Low- and Moderate-Income Persons, 2)
Elimination of Slum or Blight, and 3) Urgent Need.
The Subrecipient is undertaking an activity meeting the Low- to Moderate-Income Housing Benefit
National Objective and is therefore required to comply with the federal reporting requirements
outlined below:
Housing Activities:
Housing activities are eligible activities undertaken for the purpose of providing or improving
permanent residential structures which, upon acquisition or completion, will be occupied by LMI
persons.
If a structure contains more than one unit:
At least 51% must be LMI occupied.
Two-unit structures must have at least one unit occupied by a LMI household.
Rental buildings under common ownership and management which are located on the
same or contiguous properties may be considered as a single structure.
For rental housing, occupancy by LMI households must be at affordable rents, consistent
with Fair Market Rent established by HUD.
Required Records:
A copy of the written agreement with each landlord or developer receiving CDBG
assistance indicating the total number of dwelling units in each multi-unit structure assisted
and the number of those units which will be occupied by LMI households after assistance;
The total cost of the activity, including both CDBG and non-CDBG funds;
For each unit occupied by a LMI household, the size, ethnicity and income of the
household (subrecipients must use the Client/Family Information Form [Exhibit E-1], the
Report of Services Provided Form [Exhibit E-2], and the Demographic Information
Report Form [Exhibit E-3] for data collection and reporting);
For rental housing:
o Rent charged (or to be charged) after assistance for each dwelling unit in each
structure assisted; and
o Information as necessary to show the affordability of units occupied (or to be
occupied) by LMI households pursuant to criteria established and made public by
the City of Tigard;
For each property acquired on which there are no structures, evidence of commitments
ensuring that the criteria in 24 CFR Part 570.208(a)(3) will be met when the structures are
built; and
Where applicable, records documenting that the activity qualified under the exception
criteria for new construction of non-elderly, multi-unit housing, outlined at 24 CFR Part
570.208(1)(3)(i).
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Exhibit E
CDBG CLIENT/FAMILY INFORMATION FORM
The following information should be collected and reported for each housing acquisition funded. Proud
Ground is required to use the format below. Reports are to be submitted quarterly. Data reported for CDBG
funds are for the fiscal year beginning July 1 and ending June 30. This record is to remain at Subrecipient’s
location and names and identifying information will be confidential.
PROPERTY INFORMATION
Property Address
City
Zip Code
Year Built
Manufacture Home
CLIENT INFORMATION
Last Name, First Name
Family Size
Female HH
Disabled
Elderly
Income Level
ETHNICITY AND RACE
Race
Ethnicity
Recipients of Community Development Block Grant funds are required by the federal government to ask their
clients to identify their ethnicity and race. Hispanic is considered an ethnicity rather than a race.
Please indicate the total number of persons in the family as self-identified by the client as a member of each
race and within each total, the number of those persons who are also Hispanic or Latino.
*Family: A family is defined by HUD as all persons living in the same household who are related by blood,
marriage, or adoption. An individual living in a housing unit that contains no other person(s) related to him/her
is considered to be a one-person family for this purpose. Adult children who continue to live at home with their
parent(s) are to be part of the family for this purpose and their income must be counted in determining the
total family income. A dependent child who is living outside of the home (e.g., students living in a dormitory
or other student housing) is considered for these purposes to be part of the family upon which he/she is
dependent, even though he/she is living in another housing unit.
Quarterly Report Period Program Year
☐ July 1 – Sept 30 ☐ Oct 1 – Dec 31 ☐ Jan 1 – Mar 30 ☐ Apr 1 – June 30
Signature Date
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Exhibit E-2
TABLE 1
FY 2025 HUD Income Limits Summary for Portland-Vancouver-Hillsboro, OR-WA MSA*
Number in
Household
Extremely
Low
Annual
(30% of
Median)
Very Low
Annual (50% of
Median)
Low Annual
(60% of
Median)
Low Annual
(80% of
Median)
Area Median
Income
(AMI)
1
Person
$24,800 $41,300 $49,560 $66,100
2
Person
$28,350 $47,200 $56,640 $75,550
3
Person
$31,900 $53,100 $63,720 $85,000
4
Person
$35,400 $59,000 $70,800 $94,400
5
Person
$38,250 $63,750 $76,500 $102,000
6
Person
$41,100 $68,450 $82,140 $109,550
7
Person
$43,900 $73,200 $87,840 $117,100
8
Person
$46,750 $77,900 $93,480 $124,650
*Note: updated income limits may be released early in each calendar year. Recipients of CDBG
funding must meet the income guidelines at the time the funds are utilized. City staff will be able to
provide funding recipients with updated income limits information.
TABLE 2
Demographic Breakdown of Total Persons
Served
Race & Ethnicity Number of Persons
Served this Quarter*
Number of Persons
Served Year-to-Date
Total
Number**
Hispanic
or Latino
Number**
Total
Number**
Hispanic
or Latino
Number**
American Indian or Alaskan Native:
Asian:
Black/African American:
Native Hawaiian/Pacific Islander:
White:
American Indian or Alaskan Native and White:
Asian and White:
Black/African American and White:
American Indian or Alaskan Native and
Black/African American:
Other Multi-racial:
$116,900
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Other Demographic
Disabled Households:
Female Head of Household:
Homeless Households:
*All data represented must be for new persons served only. Clients served must be “unduplicated”.
Should a client receive assistance on numerous occasions during the CDBG program year, the client
must be counted only once in the “Cumulative for Quarter” column and once in the “Year-to-Date”
column.
**Please indicate the TOTAL number of persons served within each race, and within that total, the
number of those persons who are Hispanic or Latino (HUD considers Hispanic or Latino to be an
ethnicity rather than a race.
Form Completed By: Initials: Date:
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Exhibit F-1
Certification Regarding Lobbying
City of Tigard
Community Development Block Grant Program
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, “Disclosure form to Report
Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Organization State
Printed Name Title
Signature Date
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Dominique Merriweather
Proud Ground
Executive Director
Oregon
2/10/2025
City of Tigard Page | F-2
Exhibit F-2
Section 504 Handicapped Accessibility Requirements
Self-Evaluation Checklist for Compliance
This self-evaluation must be completed by all organizations/agencies receiving CDBG funding from
the City of Tigard. The self-evaluation must cover all programs and services operated by the
Subrecipient and must be completed in consultation with individuals with handicaps or organizations
representing individuals with handicaps.
1. Subrecipient Name:
2. Project Title: Project Number:
3. Name & Title of Person Completing Self-Evaluation:
4. Please list the Name, Title, Organization, and Telephone Number of the individual(s) with a handicap or
the individual from an organization representing persons with handicaps that assisted with the
completion of this self-evaluation:
5. How many persons are employed by the agency (please list total number of employees, not the
Full Time Equivalents)?
6. Has the agency designated a person to coordinate efforts to comply with accessibility requirements?
☐ Yes ☐ No (this is not required for organizations with less than 15 employees)
7. If yes, please list the person’s Name, Title, Telephone Numbers, and if applicable, TTD Number (or
Relay Service Number):
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Please complete the following sections:
A. PUBLIC INFORMATION
1. Do all notices and advertisements written for the public
by the agency include a notice that it does not
discriminate against individuals with handicaps?
☐ Yes
☐ No
☐ N/A
2. Do all public meeting and public hearing notices
offer assistance to individuals with handicaps, on request? ☐ Yes ☐ No ☐ N/A
3. If you answered “no” to items A-1 or A-2 above, list the types of publications or notices
that need to be amended:
4. Are posters about the rights of individuals with
handicaps prominently displayed in appropriate locations
for employees and the general public to read? *
☐ Yes
☐ No
☐ N/A
5. Describe the process by which the agency secures, or plans to secure the services of
interpreters (sign and foreign language) for public meetings. What standards are used to
decide whether a request for assistance can be accommodated?
Actions Needed
If you answered “no” to any of the questions in Section A, please describe the actions that
are needed to address the identified issues, and list the actions that will be taken to address
these issues.
B. TELEPHONE COMMUNICATION
1. Does the agency have a TDD (Telecommunications
Device for the Deaf) for use in communicating over the
telephone with hearing-impaired persons? If yes, list the
TDD location and telephone number:
Location:
Phone Number:
☐ Yes
☐ No
☐ N/A
2. If you answered “no” to item B-1 above, how does the agency communicate by phone with
persons who have hearing and speech impairments?
3. How does the agency notify the public and individuals with hearing impairments of the
method chosen (e.g., published notice, phone listing, etc.)?
Actions Needed
If you answered “no” to any of the questions in Section B, please describe the actions that
are needed to address the identified issues, and list the actions that will be taken to address
these issues.
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C. FACILITIES
1. Please list the name, address, and major activity conducted at each of the facilities from which
the agency provides services.
2. Please complete a separate Facilities Evaluation (last page of this exhibit) for each facility
listed in Section C above.
D. EMPLOYMENT PRACTICES
1. Recruitment
a. Does all recruitment literature indicate that the agency
does not discriminate on the basis of handicap? ☐ Yes ☐ No ☐ N/A
b. Are employees with handicaps included in
promotional
and recruitment advertising?
☐ Yes ☐ No ☐ N/A
c. Are organizations which represent individuals
with
handicaps contacted for advice and referrals?
☐ Yes ☐ No ☐ N/A
2. Job Vacancies
a. Are all vacancy announcements reviewed to ensure
that physical, mental and communications
requirements are job-related and accurately reflect job
functions?
☐ Yes
☐ No
☐ N/A
b. Are managers willing to consider reasonable
accommodations for the handicaps of
otherwise
qualified applicants?
☐ Yes
☐ No
☐ N/A
3. Job Interviews
a. Is every hiring supervisor informed of the requirement
that all questions asked in the job interview must be
related to duties and functions of the job?
☐ Yes
☐ No
☐ N/A
b. Has every hiring supervisor been informed of where
and how to obtain assistance to interview an applicant
with
a hearing impairment?
☐ Yes
☐ No
☐ N/A
c. Is there an interviewing area accessible to an applicant
in a wheelchair? ☐ Yes ☐ No ☐ N/A
4. Physical Examinations
a. Does the agency conduct or require any medical
exams prior to making offers of employment? (if
no, go to
question c.)
☐ Yes
☐ No
☐ N/A
b. If Yes,
Are all entering employees subject to the medical
exam? ☐ Yes ☐ No ☐ N/A
Are all offers of employment conditional based
on the results of the exam? ☐ Yes ☐ No ☐ N/A
Are the medical results not used in a
discriminatory manner? ☐ Yes ☐ No ☐ N/A
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City of Tigard Page | F-5
Is all the information gathered maintained
confidentially? ☐ Yes ☐ No ☐ N/A
c. Has every hiring supervisor been informed that no
offer of employment may be withdrawn on the
basis of
medical conditions that are not job-related
☐ Yes ☐ No ☐ N/A
5. Reasonable Accommodations
a. Has a method been implemented for soliciting
voluntary indications of handicapped status and
requests for accommodations by new hires and
existing
employees?
☐ Yes
☐ No
☐ N/A
b. Have employees with handicaps requested that the
agency make accommodations in consideration of
their limitations?
☐ Yes
☐ No
☐ N/A
c. If employees with handicaps have responded, is
the
information kept confidential?
☐ Yes ☐ No ☐ N/A
d. Has the agency ever denied a request for reasonable
accommodations? ☐ Yes ☐ No ☐ N/A
e. If so, was the denial based on the concept of
“undue
hardship”?
☐ Yes ☐ No ☐ N/A
f. Have complaints been filed against the agency for
employment discrimination on the basis of
disability
within the past 5 years?
☐ Yes
☐ No
☐ N/A
If yes, briefly describe the status of the complaint or how the complaint was resolved:
Questions g. and h. apply only to organizations with 15 or more
employees:
g. Has the agency developed grievance procedures
for prompt and equitable resolution of complaints
alleging
employment discrimination on the basis of disability?
☐ Yes ☐ No ☐ N/A
h. Has the agency taken initial and continuing steps to
notify applicants and beneficiaries (including those
with vision and hearing impairments), and unions or
professional organizations holding agreements with
the agency, that it does not discriminate on the basis
of disabilities in admission or access to or in treatment
or employment in its federally assisted programs
and
activities?
☐ Yes
☐ No
☐ N/A
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD
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If yes, please briefly describe what steps the agency has taken to address the above, and
what steps the agency will take for continuing outreach and notice efforts:
Actions Needed
If you answered “no” to any of the questions in Section D (excluding items D4 and 5b), please
describe the actions that are needed to address the identified issues, and list the actions that will
be taken to address these issues.
*Note: Posters can be obtained at no cost from the Northwest Disability Business Technical Assistance
Center 1-800-435-7232 Voice/TDD
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD
City of Tigard Page | F-7
SECTION 504 HANDICAPPED ACCESSIBILITY REQUIREMENTS
Self-Evaluation Checklist for Compliance
Subrecipient Name:
Facility Name/Address:
1. Is this facility accessible to individuals with
handicaps
(employees and members of the public)?
☐ Yes ☐ No ☐ N/A
2. Please briefly describe all services or activities conducted in the facility which are not accessible
to individuals with handicaps, and why (attach additional sheets if necessary):
3. Please describe what actions have been or will be taken to address the problems listed in item 2
above, and list when these steps will be accomplished (attach additional sheets if necessary).
Accommodations made should ensure that individuals with handicaps have reasonable access
to the services or activities listed above. Or, if the determination is made that accommodation
poses an “undue administrative or financial burden,” state the reasons for this determination.
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD
City of Tigard Page | G-1
Exhibit G
Subrecipient Monitoring Checklist
City of Tigard
Community Development Block Grant Program
The following checklist will be used by City of Tigard staff to monitor activities under the Community
Development Block Grant (CDBG) Program for compliance with rules and regulations found at 24 CFR Part
570.
The specific CDBG program areas or requirements to be monitored are determined based on what activities
will be funded in that program year. Before monitoring, the Sponsor should be familiar with both the CDBG
program requirements as described in the CDBG funding agreement and the design and operation of City of
Tigard’s CDBG program. Through on-site and desk monitoring, City of Tigard staff can determine whether
the Subrecipient’s performance meets CDBG program requirements and help improve performance issues by
providing technical assistance. The specific purposes of monitoring are to:
Validate the accuracy of information presented by the Sponsor; Follow-up on problems identified during the monitoring visit; Determine compliance for those activities where there is sufficient information to make
eligibility and/or national objective determinations; Evaluate the reasonableness of judgments made for those activities that necessarily involve high
levels of judgment by the Sponsor; Ascertain the Sponsor’s ability to ensure that activities carried out meet compliance
requirements; Verify the accuracy of the Sponsor’s records; and, Identify apparent causes of any problem(s) and offer recommendations for corrective actions.
All subrecipients that expend $750,000 or more in federal funds in a year must meet the audit requirements as specified in 2
CFR Part 200.
City of Tigard Community Development Block Grant (CDBG)
Subrecipient Monitoring Checklist
Name of Sponsor:
Staff Consulted:
Project Name:
CDBG Funding
Amount Term of
Contract
Name(s) of
Reviewer(s) Schuyler Warren Date
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD
City of Tigard Page | G-2
GENERAL RECORD KEEPING
Yes
No
N/A
A. Are all records regarding the project (outside of financial records) centrally
located?
B. Do these records contain:
1. Copy of Sponsor’s CDBG Application for funding
2. Notice to Proceed
3. CDBG Agreement with City of Tigard
4. Contract Amendments/Budget Revisions
5. Promissory Note
6. Evidence of current General Liability Insurance in required amounts/type
7. General Correspondence relating to the CDBG funded project Award Letter Matching Funds Letter Audit Letter Monitor Letters (Scheduled date & follow up)
8. Documentation that beneficiaries are low-income
9. Evidence that Race and Ethnicity data is tracked according to federal reporting
requirements?
C. Do Sponsor's records demonstrate compliance with “Part IV Special Conditions”,
as described in the CDBG Agreement??
City of Tigard staff will ask to obtain copies of blank intake forms for the program being monitored.
D. Did Sponsor accrue any costs to the CDBG grant prior to receiving the notice to
proceed?
E. Has Sponsor cleared Subrecipient contracts with City of Tigard prior to award?
Comments:
PROPERTY, EQUIPMENT & SUPPLIES
Yes
No
N/A
A. Does Sponsor maintain property records covering all non-personal property?
(useful life of more than 1 year and acquisition cost of $5,000 or more)
B. Do the property records contain:
1) Property description
2) Identification number
3) Funding source
4) Title holder
5) Acquisition date and cost
6) Location, use and condition of property
7) Date of disposal
8) Sale price
C. Is the Sponsor using the equipment, real property or supplies for CDBG eligible
activities?
D. Has the Sponsor sold any real property or equipment that has been purchased
with CDBG funds?
E. If the Sponsor has sold any real property acquired with CDBG funds, has the
Sponsor complied with the disposition instructions contained in 24 CFR 85.31, Real
Property, 85.32 (e), Equipment, and 85.33 (b), Supplies?
F. Has the Sponsor established a system to adequately protect all property purchased
in whole or in part with CDBG funds from loss, damage or theft?
Comments:
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD
City of Tigard Page | G-3
FINANCIAL RECORDS
Yes No N/A
A. Are all project financial records filed in one location?
B. Does the Sponsor's financial management system provide evidence that there are
controls in place to account for all funds, property, and other assets?
C. Does the Sponsor's financial system have separate account numbers for each
project activity? (City of Tigard staff will request to see your General Ledger)
D. Do the separate account numbers provide a way to break project costs out on a
line item basis?
E. Does Sponsor compare budgeted line item costs against incurred costs in order to
identify over/under spending on a line item basis so that adjustments can be made in
a timely fashion?
F. Are expenditures supported by timesheets invoices, contracts, purchase orders,
etc.?
Timesheets must be signed by both the employee and his/her supervisor.
G. Are direct salaries and wages of employees that are chargeable to a particular grant
program or more than one grant program supported by time distribution records?
H. Has the Sponsor been audited by independent auditors?
City of Tigard staff to obtain current audit report.
I. If so, were there any findings that the Sponsor is required to resolve?
J. Does sponsor understand that project records need to be retained for a minimum
of seven (7) years after close-out of the grant or clearance of any audit findings?
L. Does Sponsor monitor the expenditure of time and local expenses pledged each
month?
M. Is the match being provided for the CDBG -funded project as expressed in the
budget summary?
N. Is Sponsor currently registered with Central Contractors Registration (CCR)
System? (i.e. Sam.gov)
OCD to obtain verification of current registration status with the CCR.
O. Has any program income been generated through any program activities?
P. If program income has been generated, has the Sponsor reported to City of Tigard
the income generated through the use of CDBG funds?
Q. If program income has been generated, has the program income been disbursed
only for eligible program activities?
R. Has the Sponsor expended program income to pay program costs prior to making
further cash withdrawals from City of Tigard?
S. Does Sponsor release funds over $5,000 received from City of Tigard within 72
hours?
T. Is the Sponsor in compliance with 2 CFR Part 200 1) Cost Principles for Non-
Profit Organizations, which outlines the project costs that are and are not eligible for
payment with federal funds, and 2) Uniform Administrative Requirements For Grants
and Agreements With Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations?
Comments:
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD
City of Tigard Page | G-4
TIMELY PERFORMANCE
Yes No N/A
A. Is reasonable progress being made by the Sponsor?
B. Are CDBG Voucher Requests for reimbursement submitted no more than
once per month, but not less than every three months?
C. Are CDBG funds being spent in a timely manner?
D. Is program accomplishment data reported in the CDBG Voucher Request
proportionate to the amount requested for reimbursement?
E. Initial CDBG Agreement date between Sponsor and City of Tigard:
F. Date of CDBG Agreement extension, if any:
G. Current termination date of CDBG Agreement:
Comments:
SECTION 504/ TITLE VI/ FAIR HOUSING/ EQUAL EMPLOYMENT
OPPORTUNITY
Yes No N/A
Section 504 provides that no qualified individual with a disability should, only by reason of his or her disability, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance. Regulations can be found at 24 CFR Part 8.
City of Tigard staff to obtain manual/handbook/policies/etc. that documents Sponsors compliance with Section 504/Title
VI/EEO
A. Has the Sponsor completed and kept a copy on file of the Self-Evaluation
Checklist related to Section 504 Non-Discrimination Based on Handicap in
Federally Assisted Programs?
B. Has the Sponsor appointed a responsible official within the organization to
coordinate efforts to comply with Section 504?
C. Has the Sponsor adopted a written policy of non-discrimination?
D. Have grievance procedures been adopted which provide due process standards
for Section 504, Title VI, Fair Housing and EEO Compliance?
E. Do public notices published by the Sponsor contain information regarding
accommodation and accessibility to public meetings for persons with disabilities?
F. Do advertisements published by the Sponsor indicate that the Sponsor does not
discriminate against a protected class in admission to, or treatment or employment
in, its federally assisted programs and activities?
G. Does the Sponsor have capabilities to be able to communicate with the hearing
impaired? If no, refer Sponsor to 711 for Telecommunications Relay Service.
H. Are facilities where services are being provided accessible for persons with
physical disabilities?
I. If no to question above, are the services still available to persons with disabilities
through reasonable accommodation requests made to the service provider?
Comments:
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD
City of Tigard Page | G-5
Follow-up action required from project sponsor:
Follow-up action required from City of Tigard:
Date Follow-up Monitoring Letter mailed to Sponsor:
Special Conditions
Yes No N/A
Staff to check the special conditions in the contract and list them here for monitoring:
A.
B.
C.
Comments:
Docusign Envelope ID: FA5FEA4C-3A6D-45B1-8116-269CA3F79DAD