Loading...
Washington County - Senior Center - Office of Community Development AMENDMENT " This amendment, entered into this day of 1990, between the Washington County Office of Community Development, a political subdivision of the State of Oregon (hereinafter "County") , and the City of Tigard, Oregon (hereinafter "City") , amends the agreement originally entered into on July 12 , 1988 . Whereas, both parties acknowledge the need to amend the original agreement, NOW THEREFORE, in consideration of the covenants and promises contained herein, it is expressly agreed that: A. The term of the agreement shall be extended an additional six months from the last date of termination, June 30 , 1990. The new date of - termination for said agreement shall be December 31, 1990. B. Exhibit A-1 Budget Summary (Revision 1) reflects the addition of Community Development Block Grant funds in the amount of $44 ,450 in the construction contracts line item ( B. 15) . With the addition of $44 ,450 in the construction contracts line item the total chargeable to the Community Development Block Grant is $130 ,663 . Total project cost is $289 ,980 . 5/90 tigamend C. All other covenants and promises in the original agreement are unaltered and remain in effect. CITY OF TIGARD FOR COUNTY /J Date Date APPROVED WASHINGTON COUNTY Approved as to form BOARD OF COMMMIISSIONERS MINUTE ORDER H ....::..1.1�(.`.... .�. ...........„ DATE .. n .�1.�...-...�:(.`�.0,�k...............„» • t t o e y for Washington County BY ,„.... lhr1..!. T ......1'•:.Ul.�l Office of Community Development CLfiRROF BOARD II/iT i 11990 Project . 27 Project Year (funded) 1988 HUDGEP SUMMARY C c mmulity Development Block Grant Project Title Tiggard Senior Center Improvements Legal Name of Entity City of Tigard Address P.O. Box 23397 City Tigard State OR Zip 9722 I. BUDGET LINE ITEMS A. PERSONNEL SERVICES: S 4. Portion Chargeable 1. No. of 3. Total to Ccwnmity Develop- Empovees 2. Jcb Title Salary rent Block Grant 2 Admin. Planner 250 S 0 Project Mana er 750 0 5. Subtotal 1 000 6 Extra Help/Overtime A 7. FriMe Benefits A 8. TOTAL PERSONNEL COSTS Portion Chargeable to Materials Cmm mity Development B. MATERIALS & SERVICES: & Services Block Grant 9. Office Supplies 10. gpMtjM EMplies 0 11. Communications 0 12. Travel and TrainiW 0 , 13. Legal & Public Notices 0 0 14. Professional Services 43,380 0 15. Construction Contracts 245,550 130,663 16. Other: Specify 17. TOTAL MATERIALS & SERVICE'S (OCD Form 1-A, 2/88 rev. p.l) 30 Exhibit A-1 Budget Summary (Revision 1) C. CAPITAL OUPL.. Portion Chargeable to 18. Capital Outlay: Total CcmmLmity DevelcpTent Quantity item capital Outlay Block Grant N/A N/A 19. Real isitiom N/A 20. TOTAL CAPITAL OLMAY 21. lbtal 22. Total Housing & Pro'ect Cast Cmn. Devel t Award 289,980 130,663 II. SOURCES OF PROTECT FUNDING 1. Federal 0 2. State 0 3. Local Cash 158,267 4. County 0 5. In-Kind Service & aWly 1,050 6. Other detail 0 7. Subtotal 159,317 8. Housim & Cam. Dev. 130,663 9. TOTAL PR4TECP COST 289,980 III. AUTHORIZATION _ May 14, 1990 Date Authorized Signature for Project May 14, 1990 Date Authorized Signature for Project - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OOUM USE ONLY Reviewed and approved by Washington Cotmty Office of Cmuunity Development on 190 by Signa ev, (OCD Form 1-A, 2/88 r , p.2) 31 AMENDMENT This amendment, entered into this day of 1990, between the Washington County Office of Community Development, a political subdivision of the State of Oregon (hereinafter "County") , and the City of Tigard, Oregon (hereinafter "City") , amends the agreement originally entered into on July 12 , 1988. Whereas, both parties acknowledge the need to amend the original agreement, NOW THEREFORE, in consideration of the covenants and promises contained herein, it is expressly agreed that: A. The term of the agreement shall be extended an additional six months from the last date of termination, June 30 , 1990. The new date of - termination for said agreement shall be December 31, 1990. B. Exhibit A-1 Budget Summary (Revision 1) reflects the addition of Community Development Block Grant funds in the amount of $44 ,450 in the construction contracts line item ( 8. 15) . With the addition of $44 ,450 in the construction contracts line item the total chargeable to the Community Development Block Grant is $130,663. Total project cost is $289 ,980 . 5/90 tigamend C. All other covenants and promises in the original agreement are unaltered and remain in effect. CITY OF TIGARD FOR COUNTY Da Fe Date APPROVED WASHINGTON COUNTY Approved as to form BOA!iD OF COMMISSIONERS MINUTE ORD77ER H ....:...I:S ..../�.�.Y.............» GDATE . ..1..........— ...A41... .........»......» Attorney or Washington County BY le »»»»..»....� ..................... .. Office of Community Development cLERxo THE BOARD nAY 1 7 199U Project 27 Project Year (funded) 1988 BUDGED SUMMARY Comninity Development Block Grant Project Title Tiggard Senior Center Improvements Legal Name of Entity City of Tigard Address P.O. Box 23397 City Tigard State. OR Zip 97223 1. BUDGET LINE ITEMS• A. PERSONNEL SERVICES 4. Portion Chargeable 1. No. of 3. Total to Community Develop- Empavees 2. Jab Title SaIM ment Block Grant 2 Admin. Planner S 250 S 0 Project Manager 750 0 5. Subtotal $ 1,000 6. Extra ffelpLQyertime N/A 7. FriMe Benefits N 8. TEAL PEEL COSTS Portion Chargeable to Materials Cmminity Develgmient B. MATERIALS & SERVICES: & Services Block Grant 9. Office Supplies 10. Operatilies 0 11. Communications o x 12. Travel and TrainiM 0 0 13. legal & Public Notices 0 0 14. Professional Services 43,380 0 15. Construction Contracts 245,550 130,663 16. Other; Specify 17. 1 TAL MATERIAr S & SERVICES (CCD Form 1-A, 2/88 rev. p.l) 30 Exhibit A-1 Budget Summary (Revision 1) `► C. CAPITAL OUT1.__: Portion Chargeable to 18. Capital Outlay: Total Community Developnent Quantity Item Capital Outlav Block Grant N/A N/A 19. Real isition: N/A 20. TOTAL CAPITAL OU JAY 21. Total 22. Total Housing & 'ect Dost Com. Devel t A 289,980 130,663 II. SOURCES OF PROTECT FUNDING .. 1. Federal 0 2 State 0 3. Local Cash 158,267 4. County 0 5. In-Kind Service & gUMly 1,050 6. Other detail 0 7. Subtotal S 159,317 8. HcA]S & OC8IIIt1. Dev. 130,663 9. TOTAL PR(1TDCp COST Is 289,980 III. AUIHORIZAZZON / May 14, 1990 Date Authorized Signabwe for Project May 14, 1990 ���- t.-.... , _�._ �_- �_� c!L`En�w Date Authorized Signature for Project - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OC7UKT USE OM Reviewed and approved by Washington County Office of Ccmuudty Development on 19 * by /!1G Signa (OCD Form 1-A, 2/88 rev, p.2) fur�jv 31 AGREEMENT between WASHINGTON COUNTY OFFICE OF COMMUNITY DEVELOPMENT and CITY OF TIGARD This Agreement, entered into this day of (J , , 1988 , between Washington County, a political subdivision of fhe State of Oregon (hereinafter referred to as the "County" ) , and Tigard, Oregon (hereinafter referred to as the "'City") : RECITALS A. The County is an urban county applicant for Block Grant funds under the Housing and Community Development Act of 1974 (the Act) , Public Law 93-383 as amended , and will receive Block Grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of ' Housing and Urban Development (HUD) at 24 CFR Part 570; B. The County and various cities within the County, including the City, have agreed to cooperate in the undertaking of essential community development and housing activities ; C. The County desires to have certain services performed by the City as described within this Agreement for the purpose of implementing eligible activities under the Act and HUD regulations ; D. It is appropriate and mutually desirable that the City be designated by the County to undertake the aforementioned eligible activities, so' long as the requirements of the Act , HUD regulations, state law and local law are adhered to, as provided for herein; E. The purpose of this Agreement is to provide for the cooperation between the County and the City, as the parties in this Agreement , in implementing such eligible activities in the manner described above ; and F. The parties are authorized and empowered to enter into this Agreement by ORS 19.0.010 et seq. , by the Constitution of the State of Oregon. G. Therefore , in consideration of the payments, covenants , and agreements hereinafter mentioned and to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this Agreement. C-5/88 Page 1 of 23 L CITY of TIGARD WASHINGTON COUNTY Signature_ fy)"or Chairman, Board of' (To y Commissioners PJLPi►� .QLam C bad Signature -DPPUA-a wrdQA Recor ing Se reta,ry J u ne Date Date APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS APPROVED AS TO FORM MINUTE ORDER # DATE e4e Attorney for the Washington County Office of Community Development C-5/88 Page 2 of 23 INDEX TO CONTRACT AGREEMEN' PART I. GENERAL CONDITIONS 1. Scope of Agreement and Applicability to Terms and Conditions of this Agreement 2 . Scope of Services 3 . Commencement and Termination of Projects 4. Administration 5 . Operating Budget 6. Compensation and Method of Payment 7 . Term of Agreement 8 . Funding Alternatives and Future Support 9. Operation/Maintenance 10. Amendments 11 . Assignment and Subcontracting 12 . Hold Harmless and Indemnification 13 . Conflict of Interest 14. Termination 15 . Attorney Fees and Costs 16 . Extensions 17 . Transfer of Sponsorship PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS 1. Procurement Standards 2 . Environmental Review 3. Nondiscrimination 4 . Property Management 5. Labor Standards 6 . Acquisition and. Relocation C-5/88 Page 3 of 23 PART II . (Continued � 7 . Historic Preservation 8. Architectural Barriers 9 . Nonparticipation in Political Activities 10. National Flood Insurance 11 . Air and Water Pollution 12 . Lead-Based Paint Poisoning' 13 . Nonsubstitution for Local Funding 14 . Public Information Part III . EVALUATION AND RECORD KEEPING 1. Evaluation 2. Audits and Inspections 3 . Records 4 . Retention of Records PART IV. SPECIAL CONDITIONS PART V. EXHIBITS A. Project Description, Scope o,f Activities and Anticipated Accomplishments B. Authorized Signature Card C. Budget Summary C-5/88 Page 4 of 23 PART 'I. GENERAL C01 TIONS 1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS OF THIS AGREEMENT. A. This Agreement shall consist of the signature page, the general conditions; the federal, state and local program requirements; the evaluation and record keeping requirements ; each and every project exhibit incorporated in the Agreement ; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions . This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement . B. Depending upon the specific nature of the project, services or purposes for which Block Grant funds are being provided pursuant to this Agreement, certain terms and conditions contained herein may be made inapplicable by their express citation in Part' IV, S ecial Conditions. Except as so expressly excluded, al terms and conditions contained herein have full application, force and effect . 2 . SCOPE OF SERVICES The City shall perform and carry out in a satisfactory and proper manner the services set forth in Exhibit A .attache.d hereto. The Agreement may be amended from time 'to time in accordance with the general conditions for the purpose of amending the scope of work or for any other lawful purpose . 3 . COMMENCEMENT AND TERMINATION OF PROJECTS A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58 , the County shall furnish the City with written notice to proceed. No work on the project shall occur prior to the receipt of written notice to proceed from the County. B. All project funds shall be either obligated or expended within the project year unless the County and the City agree to an amendment extending project activities beyond the 1988-1989 Project Year. For the purposes of this Agreement , "Project Year" shall mean the period from July 15, 1988 through October 31, 1989 ADMINISTRATION A. The City shall appoint a liaison person who shall be responsible for overall administration of Block Grant funded project(s) and coordination with the County' s Office of Community Development. The City shall also designate one or more representatives who shall be authorized by the City to sign the Voucher Request and any other forms which may be required. The names of the liaison persons and representatives shall be specified in Exhibit B. C-5/88 Page 5 of 23 B. This Agreement is subject to and supplemental to the Agreement of Intergovernmental Cooperation entered into between the County and participating municipalities . 5 . OPERATING BUDGET A. The City shall expend the funds received from the, County under this Agreement in accordance with the budget summary submitted by the City to:, and approved by, the County. Such budget summary is attached to this Agreement as Exhibit C. No line item expense in. the approved budget shall be changed without .a budget revision approved by the County' s Office of Community Development. The budget revisionshall specifically state the reasons for the requested increase and a Justification for the corresponding decrease in another line item. Budget revision(s) must be approved by OCD before any costs are incurred by the City. B. Supplemental funds identified in Exhibit C shall mean all funds from non-CDBG sources, including in-kind contributions of staff and materials, non-C'DBG grants , charitable contributions , volunteer labor, donated materials and services, and similar items of value to the project . Sup.p.lemental funds. shall be used for project purposes , and shall be included within the scope of audits and inspections conducted under Part III , Section 2 of this Agreement. C. The city shall, no later than 180 days from the execution of this agreement , submit to the County' s Office of Community Development written evidence that substantiates the matching .funds pled$ed by the .City in the Project Proposal and restated in the attached Budget Summary are available in the amount stated . The availability of pledged funds means "all approvals, guarantees, or third party commitments from . su-brecipients or .co-sponsors , have been received and will enable the city to officially obligate those matching funds . " D. In the event the City fails to submit such evidence or the evidence is deemed by the County to be unacceptable, the county may exercise its termination options under Section 14 of this agreement. C-5/88 Page 6 of 23 6. COMPENSATION AND METHOD OF PAYMENT A. Subject to the availability of funds from HUD, the County shall reimburse the City for the services specified in the exhibits in an amount not to exceed the total of $86 ,213 for the period of July 15, 1988 through October 31, ,1989 . Reimbursement shall be requested by the City by submitting a .Community Development Voucher Request (OCD Form 2) and a Program Accomplishments reporting form (OCD Form 3) ; the forms are to .be signed by the City' s authorized representatives in a manner prescribed. by the County. B. The County will make payment to the City as soon as practicable but not more than two (2) weeks after said invoice is received and approved by the Washington County Office of Community Development. 7. TERM OF AGREEMENT Except as provided in Paragraph 6.A. , Part 1 of this Agreement concerning the monetary obligations of the County, the term of this Agreement shall be the useful life of the project , improvement(s) , facility, or acquisition for which funds are provided pursuant to this Agreement . During the term of this Agreement, as defined in this Section, the City agrees to comply with all applicable covenants contained herein and all applicable federal, state and local regulations ; and any breach by the City of any such covenant or regulation shall be cause for a breach of contract action by the County. As used in this Section and unless otherwise specifically agreed upon by the parties , "useful life" as related to the specific project covered by this Agreement means twenty (20) years from the completion of the subject project or facility or acquisition of subject property. 8 . FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The City shall report all project income generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement . Income which is not used to continue or benefit such project(s) shall revert back to the Block Grant Fund for reallocation by the County. The County shall determine whether income is being used to continue or benefit a project or projects authorized by this Agreement . B. The difference between the approved budget amount on a budget line item and a lower bid, in any cost category, shall be reported to 'the County as surplus. The City may submit a budget revision requesting the use of any such surplus in accordance with Paragraph 5, above. C-5/88 Page 7 of 23 i C. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement . D. Should anticipated sources of revenue not become available to the County for use in the Community Development Program, the County shall immediately notify the City in writing, and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 9. OPERATION/MAINTENANCE A. The City agrees to maintain and operate the project for the entire .term of this Agreement for the original purpose for which Block Grant funds were awarded and as stated in Exhibit A and in accordance with HUD regulations and local program policy. B. In the event the City fails to so maintain and operate the project , the County may take possession of the project and operate and maintain the project for any lawful purpose and/or .pursue any other legal remedies available to it. 10. AMENDMENTS This Agreement shall be modified by the parties only upon written amendment. 11. ASSIGNMENT AND SUBCONTRACTING A. The City agrees not to enter into any contract or subcontract or enter into any other agreement under this Agreementwithout the prior written approval of the County. B. The City shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the City not less than 15 days prior to the date of any proposed assignment. C. Any work or servic.e,s as or subcontracted hereunder, including any operation and maintenance functions, shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The City agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors a_nd of their employees and agents., as it is for the acts and omissions of its own employees and agents. C-5/88 Page 8 of 23 12 . HOLD HARMLESS AND INDEMNIFICATION A. The County and the City agree that each party will assume all costs of defense, damages , and judgments for its own elected and appointed officials , agents and employees while acting within the scope of their duties, for all claims., demands, and cause-s of action of any kind or character, arising in favor of the party's own employees or third parties on account of personal. injuries , death or damage to property in any way r.e.sulting from the acts or omissions of the party' s own employees , agents, subcontractors or representatives under this Agreement. B. The City is financially responsible (liable) for any audit exception which occurs due to its negligence or failure to comply with the terms of the Agreement or County Block Grant Program Policy. 13 . CONFLICT OF INTEREST A. Interest of Officers , Employees , or Agents - No officer, employee, or agent of the County or City who exercises any functions or responsibilities in connection with the planning and carrying out of the Block Grant Program, or any other person who exercises any functions or responsibilities, in connection with the Program, shall have any personal financial interest , direct or indirect, in this Agreement and the City shall take appropriate steps to assure compliance. B. Interest of Subcontractor and Their Employees - The City agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provision: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect , in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the City or the County. 14 . TERMINATION A. This Agreement is subject to termination upon 30 days written notice by the County should: C-5/88 Page 9 of 23 (1) The City mismanage or make improper or unlawful use of Agreement funds; (2) The City fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the Federal Government , State , or County; (3) Block Grant funds become no longer available from the Federal Government or 'the County; (4) The City fail to provide work or services as expressed by this Agreement ; (5) The City fail to obligate project funds . If extenuating circumstances exist , the County may, at Its discretion, grant an extension under Section 3 .B. , Part l; (6) The City fail to submit reports or submit incomplete or inaccurate reports in any material respect; or (7) The Federal Government adopt a law, rule or policy that would result in a change in the .standards applicable to the project such that the project would no longer qualify for CDBG funding. Where, in the County ' s opinion, the change in federal standards can be accommodated by a revision of the project, the County shall notify the City and the parties shall confer. The County may elect to terminate the Agreement or, if in the County' s opinion it is feasible, modify the project to conform to or requalify under the new federal standards . B. This Agreement is subject to termination upon 30 days written notice by the City should: (1) The County fail in its commitment under this Agreement to provide funding for services rendered , as herein provided; or (2 ) Block Grant funds become no longer available from the Federal - Government or through the County. C . Upon termination of this Agreement, any unexpended balance of Agreement funds shall remain with the County or be reimbursed to the County, as applicable . D. The City shall additionally return to the County any and all funds which were expended in violation of the terms of this Agreement . C-5/88 Page 10 of 23 15. ATTORNEY FEES AND COSTS This Agreement shall be governed by the laws of the State of Oregon. Any action or suit commenced in connection with this Agreement shall be in the Circuit Court of Washington County. The prevailing party, either in Circuit Court or on appeal, shall be entitled to reasonable attorney fees and costa as awarded by the Court. 16. EXTENSIONS If in the determination of the Office of Community Development a time extension is necessary or appropriate, an extension of the term of agreement for an additional 6-month period may be granted to the City by the County' s Office of Community Development provided the City requests such an extension, in writing, at least two (2) weeks prior to the last expiration date contained in this Agreement . Additional extension(s) may be granted by the Program Manager in case of extenuating circumstances. 17. TRANSFER OF SPONSORSHIP A. Should this Agreement be terminated by either party and the County authorize, at its discretion, the transfer of sponsorship for the activities described in the Exhibit.a hereto- and the balance of funds remaining, the City .shall be fully obligated to: (1) Provide the County or its assignee with all architectural, engineering, and related plans which were obtained through the use of Block Grant funds . (2) Deed CDBG acquired sites or real property to the party specified by the County, or to the County. B. In the event that the City is responsible. for contractual default , the City shall be required to use its own funds to pay for any charges that become due as a result of penalty clausea for termination of new construction or rehabilitation contracts. Likewise, the hold harmless covenant contained in Part 1, Paragraph 12 of this Agreement shall apply in the event of any such default and/or transfer of sponsorship. C-5/88 Page 11 of 23 PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS 1. PROCUREMENT STANDARDS A. In awarding contracts pursuant to this Agreement, the City shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor' s bonds, and retained percentages . In addition, the City shall comply with the requirements of the U.S. Office of Management and Budget Circular A-102, relating to bonding, insurance and procurement standards; and with Executive Order 11.246 ,and the regulations issued pursuant thereto (41 CFR Chapter 60) regarding non discrimination bid conditions for projects over $10,000. B. The City agrees . to submit to . the Office of Community Development copies of all plans , specifications and change orders in. connection with the project. No plan specification or change order shall be used or implemented if it increases the total project cost without approval from the Office of Community Development. 2 . ENVIRONMENTAL REVIEW A. National Environmental Policy Act - The County retains environmental review responsibility for purposes .of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR Part 58) . The County may require the City to furnish data, information and assistance for the County' s review and assessment in determining whether an Environmental Impact Statement must be prepared. B. Satisfaction of Environmental Requirements - Project execution under this Agreement by either the County or the City shall not proceed until satisfaction of all applicable requirements of the National Environmental Policy Act. 3. NONDISCRIMINATION A. General The City shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex , marital status , rase, creed, color, national origin or handicap. These requirements are specified in Section 10.9 of the Housing and Community Development Act of 1974 "as amended" ; Civil Rights Act of 1964 , Title VI (42 USC 2000d et seq. ) ; Civil Rights Act of 1968 , Title VIII (42 USC 3601 et seg. ) ; Executive Order 11063 , as amended by Executive Order 12259 ; C-5/88 Page 12 of 23 Executive order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60) ; Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) ; and Section 504 of the. Rehabilitation Act of 1973, (29 USC 794) ; and the Age Discrimination Act of 1975 (42 USC 6101 et seq. ) . Specifically, the City is prohibited from taking any discriminatory actions defined in the HUD regulations at 24 CFR 570. 602(b)(14-0) and (4) and shall take such affirmative and corrective actions as required by the regulations at CFR 570.602(b) (4) . . These requirements are summarized in the following paragraphs : B. Program Benefit The City shall not discriminate against any resident of the project service area by denying benefit from or .participation in any Block Grant funded activity on the basis of race, color, sex, national origin, or handicap. ' (Civil Rights Act of 1964 , Title VI; Civil Rights Act of 1968 , Title VIII; Section 109 , Housing and Community Development Act of 1974 ; Section 504 , Rehabilitation Act of 1973 . ) C . Fair Housing The City shall take necessary and appropriate actions to prevent discrimination in federally asststed -,housing and lending practices related to loans insured or, guaranteed by the Federal Government . (Civil Rights Act of 1968 , Title VIII ; Executive Order 11063 . ) D. Employment (1) In all solicitations under this Agreement the City shall state that all qualified applicants will be considered for employment,. The words , "Equal Opportunity Employer" in all advert'i'sements shall constitute compliance with this Section. (2) The City shall not discriminate against any employee or applicant for employment in connection with the Agreement because of age, sex, marital status, race , creed , color or national origin, except when there is a bona fide occupational limitation. The City shall not refuse to hire,, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend , demote, or discriminate in work activities , terms or conditions because an individual has a physical or mental handicap in any employment in connection with C-5/88 Page 13 of 23 this Agreement unless it can be shown that the particular handicap prevents the performance of the work involved. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973; and the Age Discrimination Act of 1975.). (3) This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) , as amended., the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the funding approval. E. Contractors and Suppliers (1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials , equipment or labor on the basis of age, sex, marital status , race , creed, color, or national origin. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall refuse to hire , .employ or promote, or bar, discharge, dismiss , reduce in compensation, suspend , demote or discriminate in work activities, terms or conditions because an individual has a physical or mental handicap in any employment in connection with this Agreement unless it can be shown j that the particular handicap prevents the performance of the work involved. Such practices include upgrading, demotion", recruiting, transfer, layoff, termination, payrate, and advertisement for employment . (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973 ; and the Age Discrimination Act of 1975. ) (2), To the greatest extent feasible, the City shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by the Block Grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended. ) • i C-5/88 Page 14 of 23 4 . PROPERTY MANAGEMENT The City as a subgrantee agrees that any nonex,penda.ble. personal property purchased wholly or in part with program funds shall be managed under the guidelines applicable to the County, the grantee, in accordance with Appendix N to the U. S . Office of Management and Budget Circular No. A-102 . 5. LABOR STANDARDS A. Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the City and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion, or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with the requirements of the Davis-Bacon Act, as amended (40 USC 276a to 276a-7) and the Contract Work Hours and Safety Standards Act (40 USC 327 et seq . ) as well as HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of. apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the .City of its obligation, if any, to require payment of the higher rates . The City shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR Part 5. 5. B. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of 24 CFR Part 24 . 6 . ACQUISITION AND RELOCATION A. Any acquisition of real property by a unit of government for any activity assisted under this Agreement which occurs on or after the date of the County' s submission of its Block Grant application to HUD shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (40 USC Section 2601) , hereinafter referred to as the Uniform Act , and the regulations at 24 CFR Part 4.2 . B. Any displacement of persons , business, nonprofit organizations or farms occurring on or after the date of the County' s submission of its Block Grant application as a result of acquisition of real property assisted under this C-5/88 Page 15 of 23 Agreement shall comply with Title II of the Uniform Act and the regulations at 24 CFR Part 42 . The City shall comply with the regulations pertaining to costs of relocation and written policies, as specified by 24 CFR Section 57.0.606. 7. HISTORIC PRESERVATION The City shall meet the historic preservation requirements of the National Historic Pre:servation Act of 1966 (Public Law 89-665) and the Archeological. and Historic Preservation Act of 1974 (Public Law 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR Part 800. Activities affecting property listed in or found to be eligible for inclusion in the the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR Part 58. 8 . ARCHITECTURAL BARRIERS Any facility constructed or altered pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 19.68 (42 USC Section 4151) . 9. NONPARTICIPATION IN POLITICAL ACTIVITIES The City shall comply with the provisions of the .Hutch Act (5 USC Chapter 15) . 10. NATIONAL FLOOD INSURANCE The City shall not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identif,ie.d as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (42 USC 400(a) ) and the regulations thereunder (24 CFR Chapter X, Subchapter B) . The City shall comply with the regulations at 24 CFR Section 570.605. 11. AIR AND WATER POLLUTION The City shall comply with the provisions of the Clean Air Act, as amended (42 USC Section 1857 et seq. ) and the regulations issued thereunder (40 CFR Part 15) . C-5/88 Page 16 of 23 12 . LEAD-BASED PAINT POISONING The City shall comply with the HUD Lead'-Based Paint Regulations (24 CFR Part 35) issued pursua;nt to the Lead-Based Paint Poisoning Prevention Act (42 USC Sections 4:831 et seq. ) requiring prohibition of the use of lead-batsed paint (whenever funds under this Agreement are used directly or indirectly for acquisition, construction, rehabilitation, or imoderniza.tion) ; elimination of immediate lead-based paint hazards in residential structures; and. notification of the hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950 . 13 . NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant funding made available under this Agreement shall not be utilized by the City to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 14 . PUBLIC INFORMATION A. All written materials (reports, brochures , promotional or informational items) ,' news releases, and, other public notices produced by or for the City shall a,cknowle'dge the source of funding as being derived from the Department of Housing and Urban Development and provided through the Washington County Community Development Block Grant Program. B. For all construction projects the City shall erect a durable and adequately visible sign at the construction site, identifying the source of funds. This requirement may be waived for construction projects of $5,000 or less . C-5/88 Page 17 of 23 PART III . EVALUATION AND RECORD KEEPING 1. EVALUATION The City agrees to participate with the County in any evaluation project or performance report , as designed by the County or the appropriate federal agency, and to make available all information required by any such evaluation process . 2 . AUDITS AND INSPECTIONS A. The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review or audit by the County. or any federal or state officials so authorized by law during the term of this Agreement as specified in Part I , Paragraph 7 . Where the project budget includes supplemental funds, including in-kind contributions from non-CDBG sources, such funds and contributions shall be included within the scope of any such inspection, review or audit. B. The City shall be responsible for meeting the audit requirements established in the U .S. Office of Management and Budget Circular A-128. A copy of the project or program audit shall be made available to the County' s Office of Community Development for review and acknowledgment no later than 60 days after completion of the audit. 3. RECORDS In the event the City sponsors multiple projects , each project shall be maintained under a separate file system and kept in a manner recommended by the County. As required by HUD regulations (24 CFR Part 570) the City shall compile and maintain the following records : A. Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement in accordance with the provisions of Appendix G to the U .S. Office of Management and Budget Circular A-102 . These records shall contain information pertaining to grant awards and authorizations , obligations, unobligated balances, assets, liabilities, outlays, and income. B. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available , the ranges of project activities undertaken, and opportunities to participate in funded Block Grant projects . C-5/88 Page 18 of 23 C. Relocation - Indication of the overall status of the relocation workload and separate relocation record for each person, business, organization, and . farm operation displaced or in the relocation workload. D. Property Acquisition - City files must contain the following .records: (1) Official Determination to. Acquire - A citation of the action that constitutes the official determination to acquire, the date of the action, and the applicable HUD grant number. (2 ) Notice of Intent to Acquire the Property - A copy of the notice, citation of the date of transmittal to owner, and evidence of receipt by the owner. (3) Preliminary Acquisition Notice - A citation of the date of transmittal to the owner and evidence of receipt by owner. (Note: HUD reviewer will need to be assured that notice actually was transmitted. ) (4) Invitation to Accompany Appraiser - Evidence that owner was invited to accompany each appraiser on hi,s inspection of the property. (5) Appraisal Reports - A copy of each appraisal report, including reviewer ' s report, on which determination of Just compensation was based. (6) Determination of Just Compensation - A copy of the resolution, certification, motion or other document constituting the determination of Just compensation. (7) Purchase Offer - A copy of written purchase offer of Just compensation, including all basic terms and conditions of such offer, and a citation of the date of delivery to the owner. This date is the initiation of negotiations . (8) Statement of the Basis for the Determination of Just Compensation - A copy of the statement and an indication that it was delivered to the owner with written purchase offer. (9) Purchase Agreement , Deed, Declaration of Taking, Tenant Waivers - A copy of each such document and any similar or related document utilized in conveyance. (10) Settlement Cost Reporting Statement - A copy of the statement. C-5/88 Page 19 of 23 (11) Purchase of Price Receipt - Evidence of, owner receipt of purchase price payment. (12) Ninety Days Notice to Surrender Possession of Premises - A copy of the notice. As an alternative, a copy of this notice may be included in the relocation or property management file. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and HUD' s implementing regulations in 24 CFR Part 42 apply to all real property acquisitions by a grantee for an assisted CDBG program activity, regardless of the source of funding for the acquisition itself . E. Equal Opportunity - The City will maintain racial , ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement. The City shall also maintain data which records its affirmative action in equal opportunity employment, and its good faith efforts to identify, train, and/or hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project . F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR Part 570.605. G . Such other records as may be required by the County and/or HUD. 4 . RETENTION OF RECORDS Required records shall be retained for a period of three (3 ) years following the date of the submission of the final grantee performance report in which the activity is covered, except as follows: A. Records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. B. Records for nonexpendable property .shall be retained for three years after its final disposition. Nonexpendable property is defined in Appendix N of the U. S. Office of Management and Budget Circular A-102 . C. Records for any displaced person shall be re-tained for three years after such person has received final payment. C-5/88 Page 20 of 23 D. Records pertaining to each real property acquisition shall be retained for three years after settlement of the acquisition or until disposition of the applicable relocation records in accordance with Paragraph C. , above, whichever is later. C-5/88 Page 21 of 23 PART IV. SPECIAL CONDITIONS 1. In accordance with Part II , Paragraph 1, the City shall make available to each contractor bidding on any activity under this Agreement a listing of minority- business enterprises (MB.Es) . The County shall provide a list of minority busine:sis firms to the City to meet this requirement. 2 . Any conflict or dispute that may arise with regard to any aspect of the CDBG activities for the project shall be resolved by the County' s interpretation of the specifications 'contained in the original project proposal , # 0221 , which is on file at the County' s Office of Community Development, the current Program Policies, and the Office of Community Development CDBG Procedures Manual. Any such determination made by the County shall be final. 3 . The City shall submit a project schedule to the County no later than the initial technical assistance meeting between the City and the County. The schedule shall include the project commencement date, major milestones, and the projected completion date. It will be the responsibility of the City to inform the County as to subsequent changes in the schedule. 4 . The design and construction of this project shall meet the American National Standards Institute "Specifications for Making Buildings and Facilities Accessible to and <.Us able by Phyatcally Handicapped People" , A117 .1-1980. 5 . The city shall execute this agreement no later than 30 days following the date of the County' s letter of transmittal. 6 . The U.S. Department of the Interior, Fish and Wildlife Service recommends that the placement of fills in wetland and floodplain areas to the north of the existing Senior Center be avoided . Should the City determine that the proposed project may affect wetlands or floodplains , the City should contact the local Planning Department, the Oregon Division of State Lands, and the U.S . Army Corps of Engineers since placement of fill in wetland and/or floodplain areas may be regulated by these agencies. 7 . In accordance with Part I , Paragraph I.B. , the following covenants are deemed not applicable and are expressly deleted: Part II , Paragraph 6.A. ,B. Part III , Paragraph 3 .C. ,D. Part III , Paragraph 4 .C. ,D. 5/88 Page 22 of 23 PART V. EXHIBITS A. Project Description, Scope of Activities and Anticipated Accomplishments B. Authorized Signature Card C. Budget Summary I i i i i I C-5/88 Page 23 of 23 PROJECT DESCRIPTION, SCOPE OF ACTIVITIES AND ANTICIPATED ACCOMPLISHMENTS I . Project Number and Title: 10227 , Tigard Senior Center Improvements. II . Description of : Project , Activities , Anticipated Accomplishments, Low and Moderate or Other Target Group Beneficiaries. A. Nature and Purpose of the Project: e purpose of the project is to provide improvements to the Tigard Senior Center. Improvements include an entry vestibule, stairs, and elevator, construction of a portico , craft store, administrative office space, kitchen supply room, exterior maintenance room, and the installation of an air handler with heat tempering capacity. B. Location or Impact Area(s) : Tigard Senior, 8815 S .W. Omara , Tigard. C . Duration/Timing of the Project : July 15, 1988 to October 31 , 1989. D. Number of Low and, Moderate Income or Target Group Beneficiaries : Senior center attendance records show that 2 , 108 people are in the target group (seniors) . E. Component Activities (CDBG vs . Others) : The total project coat is $109 , 131 of which $86 , 213 will be CDBG funds used for construction, with the remaining funds provided by the city. F . Quantitative Projections for CDBG Component Activities (in units , linear feet, square feet , etc. ) for all acquisitions , construction, reconstruction, rehabilitation, etc . : The city shall provide full architectural services for the design, bidding, and construction inspection/administration of the project. The city shall contract with a qualified general contractor to construct the additions . Inaddition, the City shall be responsible for obtaining all necessary permits, licenses, and fees. The additions to the senior center include : 1. Entry vestibule, stairs, and elevator; 2 . Portico; EXHIBIT A • 3. Partition crafts room; 4 . Create a craft store and administrative office in existing proch space; 5. Partition social/dining room from lobby and lounge; 6. Add kitchen supplies room and exterior maintenance room; 7 . Install an air handler with heat tempering capacity; and 8. Install interior blinds and sun screens on social hall windows. EXHIBIT A Pk _ject No. o22 Project Year (funded) AUTHORIZATION SIGNATURE CARD Project Name TigarA coninr CUnFar 7mnrnvamF+nFa Applicant's Name City of'Tigard Address P.O. Box 23397 City, State, Zip Tigard, Oregon 97223 Telephone Number y (503) 669-4171 1 yam. ..-.. �:.. .} • L.y+.�>4 d.t=ltl4 JC:iL'. to�.. h.tMrl: :f T 1 `.l SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: Any TWO signatures required to sign any financial document NAME (Typed) SIGNATURE Jill Monloy v X I —' Edward Hurphy 1 Duane Pooertn r � � .f,':i.3 -��. ✓�' _a. � I certify that the signatures above are of the individuals authorized to execute financial documents. Date S gna urej� 1f Authorized Official City Administrator e ot AuthorizedOfficial OCD I-C, 3/85 (rev.) VI-4 EJ(HIBIT B t., •• tr u. 0227 Pro jec 'ear ( funded ) _.988/89 BUDGET SUMMARY Community Development Block Grant Project Title Tigard Senior Center Improvement m Legal Name of Entity _City of Tigard Address P.0. Box 23397 City Tigard S tLat a Qrgnn Z i p � I . BUDGET LINE ITEMS : A. PERSONNEL SERVICES : 4 . Portion Chargeable 1. No. of 3 . Total to Community Develop Em to ees 2. Job Title Salary ment Block Grant 1 City Administrator 400 0 1 Special Inspector 1,500 0 1 Administrative Planner 238 0 5. Subtotal 24 38 0 6 . Extra Help/overtime 0 7 . Fringe Benefits 8. TOTAL PERSONNEL COSTS 2A38 0 Portion Chargeable to Materials Community Development B' & Services Block Grant 9 . Office Supplies 50 0 10. operating Supplies 0 0 11 . Communications 0 0 12 . Travel and Training 0 0 13 . Legal & Public Notices 50 0 14 . Professional Services 11,453 0 15 . Construction Contracts 95,440 86,213 16. Other : Specify 0 0 17 . TOTAL. MATERIALS & SERVICES (OCD Form 1-A, 2/88 rev. p. l ) EXHIBIT C 3„ .CAPITAL OUTLAY: o Portion Chargeable to 18 . Capital outlays Total '" Community Development Quantity Item Capital Outlay Block Grant None 0 0 19. Real Pro ert Acquisition : 0 0 0 . TOTAL CAPITAL OUTLAY 21 . Total 22, Total Housing 6 Project Cost Comm. Development Award 109,131 86,213 II . SOURCES OF PROJECT FUNDING 1. Federal 2. State 3 . L o c'a'l Cash 20 680 4 . Count 5 . In-Kind' Service b Supply 2,238 6 . Other ( detail ) 7 . Subtotal .22 918 B . Housing 6 Comm. Dev. 86,213 9 . TOTAL PROJECT COST 109,131 III . AUTHORIZATION � Date (� C Autho i ed Signature for Project Date Authorized Signature for Project — — — — — — — — — — — — — — — — COUNTY USE ONLY — — — — — — — — — — — — — — — Reviewed and approved by Washington County OEfice of Community Development on L19 fj by P/M/ 61eh� Signa-tur,q (OCD Form 1-A, 2/88 rev, p. 2 )