Washington County - BCC 10-419 Knoll Infrastructure WASHINGTON COUNTY
ti.°aja9 OREGON
=m" June 22, 2010
RECEIVE®
Mayor Craig Dirksen
City of Tigard JUN 3 0 2010
13125 SW Hall Blvd.
Tigard, OR 97223 d+r�Y in S�Tigard
Subject: Notice to Proceed
CDBG Project: #2128, City of Tigard, The Knoll Infrastructure Improvements
Dear Mr. Dirksen:
Enclosed is the City of Tigard's copy of the executed agreement between the
County and the City for the above project. An environmental clearance has been
completed for the project and is on file in this office. Accordingly, you may proceed to
incur costs under this grant, effective June 9, 2010. Please be advised that the CDBG
program will not be liable for any cost incurred prior to this date.
The CDBG Voucher Request form is available in electronic format. You can
access the form at
www.co.washington.or.us/CommunityDevelopment/BlockGrant/forms.cfm. Then, click
on Voucher Request. Be sure to contact Lauren Sechrist at 503-846-4436 if you have
any questions regarding this project.
Sincerely,
Y
Peggy A. Linden, Program Manager
Office of Community Development
cc: Craig Prosser
Duane Roberts
Enclosure
Office of Community Development
328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967
phone: (503) 846-8814 • fax: (503) 846-2882
�- -C141
AGREEMENT
between
WASHINGTON COUNTY
and
CITY OF TIGARD
This Agreement, entered into this day of , 2010, between Washington
County, a municipality of the State of Oregon (hereinafter referred to as the "County"),
and the City of Tigard, (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), 42 USC 301 et seq as
amended, and the National Affordable Housing Act of 1990, and will receive Block
Grant funds for the purpose of carrying out eligible community development and
housing activities under the Acts 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;
F. The parties are authorized and empowered to enter into this Agreement by ORS
190.010 et seq., by the Constitution of the State of Oregon; and
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.
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CITY WASHINGTON COUNTY
Signature ,T -- Chairman, Board of County
Commissioners
akkl-ih-e 4A� l
Signature_ ZA3 ge4x-r Recording Secre ry
JUN 0'9 2010
Date Date
APPROVED AS TO FORM
Attorney for the Washington County Officelof Community
Development
APP bVtb WASHINGTON COUNTY
96Akb O�COMMISSIONERS
-- 'CL;ERKWOF THIMOARD
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INDEX TO AGREEMENT
PART I. GENERAL CONDITIONS
1. Scope of Agreement and Applicability to Terms and Conditions of this
Agreement
2. Scope of Work
3. Commencement and Termination of Projects
4. Administration
5. Operating Budget
6. Compensation and Method of Payment
7. Interest in Property
8. Funding Alternatives and Future Support
9. Amendments
10. Assignment and Subcontracting
11. Insurance
12. Hold Harmless and Indemnification
13. Conflict of Interest
14. Default and Suspension
15. Enforcement
16. Appeal
17. Termination
18. Prohibition on the Use of Debarred Contractors
19. Applicable Law, Venue, Attorney Fees and Costs
20. Extensions
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21. Survival
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
7. Architectural Barriers
8. Nonparticipation in Political Activities
9. Nonsubstitution for Local Funding
10. Public Information
11. Applicability of Laws Under This Agreement
12. Certification Regarding Lobbying
13. Certification Regarding Use of Excessive Force
Part III. EVALUATION AND RECORD KEEPING
1. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
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PART IV SPECIAL CONDITIONS
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
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PART I. GENERAL CONDITIONS
1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS
OF THIS AGREEMENT
A. This Agreement shall consist of the signature page, the general and special
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
which are the subject of 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, Special Conditions. Except as so expressly
excluded, all terms and conditions contained herein have full application, force
and effect.
2. SCOPE OF WORK
A. The City shall perform and carry out in a satisfactory and proper manner the
project or services set forth in Exhibit A attached hereto which specifies work
to be performed. 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.
B. Any conflict or dispute that may arise with regard to any aspect of CDBG
activities for the project shall be resolved by the County's interpretation of the
specifications contained in the original project proposal, the current Program
Policies, and the County's Office of Community Development CDBG
Procedures Manual. Any such determination made by the County shall be
final.
3. COMMENCEMENT AND TERMINATION OF PROJECTS
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58
Subpart H, 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 obligated and expended within the Project Year
unless the County and the City agree to an amendment extending project
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activities beyond the Project Year. For the purposes of this Agreement,
"Project Year" shall mean the period from July 1, 2010 through June 30, 2011.
C. Any property acquired or improved in whole or in part with CDBG funds in
excess of$25,000 shall be used to meet one of the national objectives set
forth in 24 CFR 570.208 for a period of twenty (20) years or until July 1, 2030
unless otherwise modified in writing by the parties to this Agreement.
4. ADMINISTRATION
A. The Agency shall comply with all applicable uniform administrative requirements
as described in 24 CFR 570.502.
B. 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 name of the liaison person
shall be specified in writing and submitted to 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 these
representatives shall be specified in Exhibit B.
C. 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 revision shall 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. The difference between the approved budget amount on a budget line item
and a lower or higher bid or quote, in any line item, shall be reported to the
County. Excess funds generated by a lower bid or quote shall be considered
surplus. The City may submit a budget revision requesting the use of any
such surplus, which shall be approved or denied at the discretion of the OCD.
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C. Matching funds identified in Exhibit C shall mean all funds from non-CDBG
sources, including in-kind contributions of staff and materials, other grant
sources, charitable contributions, volunteer labor, donated materials and
services, and similar items of value to the project. Matching 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.
Increases in matching funds shall be reported to County and the Operating
Budget shall be revised accordingly by the OCD.
D. No later than 90 days from the date the County approves the proposed list of
activities, which includes this project, the City shall submit to the County's
Office of Community Development written evidence that substantiates the
matching funds pledged by the City are available. The availability of pledged
funds means all approvals, guarantees, or third party commitments from
subrecipients or cosponsors, have been received and will enable the City to
officially obligate those matching funds. 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 Part I Section 14 of this
Agreement.
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 Exhibit A. 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 within two (2) weeks or as soon as
practicable after said invoice is received and approved by the Washington County
Office of Community Development.
7. INTERESTS IN PROPERTY
A. Real Property - In accordance with HUD Regulation 24 CFR, 570.503(b)(8),
upon expiration or termination of this agreement the City shall transfer to the
County any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds. Real property under the City's
control that was acquired or improved in whole or in part in excess of$25,000 will
be used to (1) meet its original national objective for the time period specified in
Part I Section 3.0 of this agreement; or (2) disposed of in a manner that results in
reimbursement to the County in the amount equal to the current fair market value-
less any portions attributable to expenditure of non-CDBG funds for acquisition of,
or improvement to, the property.
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B. Personal Property - Any personal property on hand at the time of the
expiration of the project year of this Agreement shall be disposed of in accordance
with 24 CFR 85.32.
C. Program Income
(1) The City shall record the receipt and expenditure of program income as
defined in 24 CFR 570.500(a) of the financial transactions of the project(s)
funded under this Agreement. Program income shall be reported with
each voucher request and substantially disbursed for the benefit of the
project(s) funded by this Agreement in accordance with the principles of 24
CFR 570.504 (b)(2)(i) and (ii). Program 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.
(2) The City may retain program income provided it is used in accordance with
regulations in 24 CFR 570.504, and pursuant to adopted local CDBG
program policies. The County shall determine whether income is being
used to continue or benefit a project or projects authorized by this
Agreement.
(3) Program income on hand when the Agreement expires and received after
- the Agreement's expiration must be used by the subrecipient to meet its
original national objective for the time period specified in Part I Section 3.C.
of this Agreement. The County may transfer the program income to the
City, upon its termination of urban county participation provided the City
has become an entitlement grantee and agrees to use the program income
in its own CDBG entitlement program.
D. Appraisals, Promissory Note and Trust Deed
(1) For any real property acquired, constructed or rehabilitated with CDBG
funds, the City shall provide the County with an appraisal of the property.
The appraisal shall be conducted by a certified appraiser whose services
shall be paid for by the City. The purpose of such an appraisal is to: (a)
conform to any federal real property acquisition requirements, and/or (b) to
establish a baseline figure for the purpose of entering into a promissory
note and trust deed as specified below. The appraisal shall be conducted
within 45 days of notification to do so by the County.
(2) City shall execute a Promissory Note and Trust Deed for any facility
constructed, acquired or rehabilitated with Community Development Block
Grant funds. The Promissory Note and Trust deed shall be executed at
such time as required by the County.
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(3) City agrees to comply with all agreements, covenants and restrictions
contained in the Promissory Note and Trust Deed, and all applicable
federal, state and local regulations during the terms of the Promissory Note
and Trust Deed.
(4) City agrees to pay all escrow fees including all costs associated with the
recording of Trust Deed or other legal instruments necessary for the County
to protect its interest in the project.
(5) For infrastructure improvement projects, the City shall only be required to
execute a Promissory Note in favor of the County securing compliance with
the terms of this Agreement. Upon completion of the project required
herein, the County shall surrender the Promissory Note to the City.
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT
A. 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.
B. 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 any portion of the Agreement covered by funds not
received by the County.
9. AMENDMENTS
This Agreement shall be modified by the parties only upon written amendment
signed by each of the parties.
10. ASSIGNMENT AND SUBCONTRACTING
A. The City shall not enter into any contracts assigning any interest under this
Agreement without the written approval of the County. Such consent shall
be requested 15 days prior to the date of any proposed assignment.
B. The County shall assume no liability for acts and omissions of contractors
or subcontractors employed or hired by the City.
11. INSURANCE
A. The City shall comply with the insurance requirements described in
paragraphs (1) through (5) shall apply where applicable:
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(1) Liability Insurance
Except as provided in Section 11(6), the City shall at all times
during the term of,this Agreement, at its cost and expense, carry
and maintain general public liability insurance against claims for
bodily injury, personal injury, death or property damage occurring
or arising out of City's performance under this Agreement, which
insurance shall cover such claims as may be occasioned by any
act, omission, or negligence of City or its officers, employees,
agents, representatives or assigns. The limits of liability insurance,
which may be increased from time to time as deemed necessary by
the.County with the consent of the City which shall not be
unreasonably withheld shall not be less than one million dollars
($1,000,000) combined single limit personal injury and property
damage insurance.
(2) Within ten (10) days of the execution of this Agreement, the City
shall ensure that every director, officer or employee who is
authorized to act on behalf of the City for the purpose of receiving
or depositing funds into City project accounts or issuing financial
documents, checks, or other instruments of payment for projects be
bonded to provide for protection against loss. The fidelity bonding
obtained must name the County as beneficiary. The amount of the
coverage must be $100,000 or the total amount of the Advance to
be made pursuant to this Agreement, which ever is greater, and
must be secured until the entire amount of the Advance is repaid in
accordance with the terms of the Promissory Note and Trust Deed.
The City shall provide the County with a copy of the bonding
instrument or a certification of the same from the bonding
company. The requirements of this paragraph may be waived or
modified if the City submits verification to the County that the
fidelity bonds are unavailable or commercially unreasonable.
(3) Insurance Requirements Applicable to Capital Projects
(a) Building Risk Insurance — The City shall or shall require the
owner to cause to be maintained, during the period that any
construction work is in progress, all builder's risk insurance
(including fire, vandalism, malicious mischief and extended
coverage) in an amount not less than the value of the
completed building, addition or structure.
(b) Insurance — Reconstruction Following Casualty
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(i) Maintenance of Insurance — At its sole cost and
expense, the City shall or shall require the owner to
keep the building and all other improvements on the
premises insured throughout the term of this
Agreement and the Trust Deed as required therein,
against the following hazards:
a. Loss or damage by fire and such other risks
(not including earthquake damage) as may
from time to time be insured against by
standard form extended coverage
endorsements to fire insurance policies, in
amounts sufficient to permit such insurance to
be at all times written on a replacement cost
basis;
b. Loss or damage from leakage of sprinkler
systems now or hereafter installed in any
building on the premises;
C. Loss or damage by explosion or steam boilers,
pressure vessels, oil or gasoline storage tanks
or similar apparatus now or hereafter installed
in any building on the premises.
(ii) Insured Casualties — Insurance Proceeds — In the
event of any loss, damage or casualty which is
covered by one or more of the types of insurance
described in paragraphs (i)(a-c) above, the parties to
this Agreement shall proceed cooperatively to settle
the loss and collect the proceeds of such insurance,
which proceeds shall be held in trust by the County
(including interest earned by County on such
proceeds) for use in accordance with the terms of this
Agreement. The parties recognize that insurance
proceeds shall be used for the purpose of repairing
and restoring the improvements damaged by the
casualty to their former condition or replacement of
the same with equivalent or more suitable
improvements.
(iii) Insured Casualties — Reconstruction — Using such
insurance proceeds (set forth in subparagraph (ii)
above), the parties shall proceed with reasonable
diligence as soon as sufficient funds are available to
prepare plans and specifications for, and thereafter
carry out, all work necessary (a) to repair and restore
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the building and/or improvements on the premises
damaged by the casualty to their former condition, or
(b) to replace said building and/or improvements on
the premises of a quality and usefulness for the
Project described in the application submitted by the
City for the CDBG funding and plans associated
therewith, at least equivalent to, or more suitable
than, the building and/or improvements which were
damaged.
(4). Additional Insurance Requirements Applicable to Projects
Requiring Professional Services.
(a) Professional Liability, Errors and Omissions Insurance — In
the event that services delivered pursuant to this Agreement,
either directly or indirectly, involve or require providing
professional services (architects, engineers, accountants,
attorneys, physicians and nurses), professional liability
errors and omissions insurance shall be required with
minimum limits of no less than $1,000,000.00. The County
need not be named as an additional insured on such'
policies.
(5) Acceptability of Insurers and Proof of Insurance
(a) The insurance required pursuant to this Section 11, shall be
issued by an insurance company or companies doing
business within the State or Oregon. Insurance is to be
placed with a Best's rating of no less than ANIL Any
exception must be approved by the County.
(b) Proof of Insurance —A certificate or certificates of insurance
or other evidence satisfactory to the County evidencing the
existence and terms and conditions of all insurance required
pursuant to this Section 11 shall be delivered to the County
prior to the execution of this Agreement. The policy or
policies of insurance required to be maintained in
accordance with this Agreement shall not be cancelled or
given notice of non-renewal, nor shall the terms and
conditions be altered or amended without sixty (60) days
written notice being given to the County. Annual proof of
insurance for reconstruction following casualty required for
capital projects as described above, shall be submitted to
the County throughout the term of the Trust Deed and this
Agreement.
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(c) The County shall be named as an additional insured on all
such policies, and all such policies shall be primary as to any
other valid and collectable insurance. At its option, the
County may waive this requirement where insurance carriers
will not under any circumstances extend secondary coverage
for professional liability or fidelity bonding.
(6) Non-profit Subgrantees
(a) Where the City uses a nonprofit subgrantee or contractor to
provide services or implement capital projects, the City shall
ensure that the nonprofit or contractor complies with the
insurance requirements described in Section 11.A.(1) — (5)
herein where applicable.
(7) Self Insurance
(a) If the City is self insured, for any of its insurance
requirements herein, it shall submit satisfactory evidence to
the County of the terms and conditions of its own insurance
coverage. A certification of self insurance shall constitute
compliance with the section.
12. HOLD HARMLESS AND INDEMNIFICATION
The City agrees to defend, save, hold harmless and indemnify the County, its
officers, employees and agents from and against any and all claims, damages,
losses and expenses, including but not limited to reasonable attorney's fees,
arising out of or resulting from City's own negligence, performance of or failure to
perform the obligations of this Agreement and any agreement resulting from this
Agreement.
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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 County and 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 Agreement. 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 Agreement 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 and Washington County."
14. DEFAULT
A. Each of the following events shall constitute a default on the part of the
City:
(1) Material noncompliance with the terms of this Agreement, the
Award, Promissory Note, Trust Deed or any and all applicable state
or federal laws and regulations;
(2) Mismanagement or improper use of Award funds;
(3) Failure to obligate required funds or to provide work or services
required by this Agreement;
(4) Failure to submit reports, supplying incomplete or inaccurate reports
required by Part III herein.
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B. Each of the following events shall constitute a default on the part of the
County:
(1) Material noncompliance with the terms of this Agreement, the
Award, any and all applicable state and federal laws and regulations;
(2) Failure to provide funding for projects or services rendered as
required by this Agreement.
15. ENFORCEMENT
A. In the event the City is found in default under the terms of this Agreement
the County may:
(1) Withhold any or all of any pending or future payments until the
default is cured;
(2) Terminate or suspend all or part of this Agreement or Award herein;
(3) Prohibit the City from incurring additional obligations of funds until
the County notifies the City in writing that the default is cured;
(4) Disallow or deny both the use of funds and matching credit of the
activity or action not in compliance;
(5) Take any and all other legal or equitable remedies available.
B. Any costs attributed to the program which were lawfully incurred prior to
any suspension or termination will be considered properly incurred. Any
costs attributed to the program during or after any suspension or
termination are specifically not allowed without express written consent by
the County.
16. APPEAL
In the event the County takes an action to enforce the terms of this Agreement,
the Award or to enforce compliance with applicable state and federal law, the City
may appeal such action in the manner provided in this section as follows:
(1) The County shall provide the City with written notice of the default and the
right to cure, if any;
(2) The City may pursue an informal appeal by contacting the Manager of the
Office of Community Development.
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(3) The City may appeal the informal decision of the Manager by submitting a
written objection of the enforcement action directly to the Community
Development Policy Advisory Board (PAB).
(a) The PAB may consider oral argument, written testimony and any
other such evidence it considers relevant to a determination.
(b) The PAB shall consider all information and reach a determination
based upon the record submitted and prepare a written finding.
(c) The PAB, in its discretion may hold a formal hearing. The City shall
have the opportunity to provide oral testimony if a hearing is
conducted by the PAB. If a formal hearing is not held, the City shall
have the opportunity to submit written objections, arguments and
other material relevant to its position to the PAB.
(d) The findings of the PAB are final and no further appeal is allowed.
17. TERMINATION
A. This Agreement shall terminate upon any of the following events:
(1) Termination following default as defined previously;
(2) The failure by the County to provide funding for services rendered as
required by this Agreement;
(3) The unavailability of Block Grant funds from either the federal
government or through the County.
(4) Termination for convenience by either party pursuant to 24 CFR
85.44.
B. This Agreement will terminate upon thirty (30) days written notice by the
County in the event funding is no longer available.
C. Upon termination of this Agreement, any unexpended balance of Agreement
funds shall remain with the County. The regulations relating to
reimbursement of Block Grant funds shall be applicable to the City for
expended funds in accordance with HUD Regulation 24 CFR, 570.503(b)(7)
and Part I, Section 7 herein.
D. The City shall reimburse the County for any and all funds expended in
violation of the terms of this Agreement, state or federal law.
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18. PROHIBITION ON THE USE OF DEBARRED CONTRACTORS
CDBG funds shall not be used directly or indirectly to 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 24. The City shall not make any award at any tier to any
party which is debarred, suspended or excluded from participation in federal assistance
programs under Executive Order 12549, "Debarment and Suspension."
19. APPLICABLE LAW, VENUE, ATTORNEY FEES AND COSTS
This Agreement shall be governed by the laws of the State of Oregon and federal law.
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 costs and disbursements as awarded
by the Court.
20. EXTENSIONS
If, in the determination of the Office of Community Development (OCD), a time
extension is necessary or appropriate, an extension of the term of this Agreement for
an additional 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 OCD Program Manager in case of extenuating
circumstances.
21. SURVIVAL
The terms, conditions, representations, obligations and warranties set forth in this
Agreement shall survive the termination or expiration of this Agreement.
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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 24 CFR Part 85.36 relating to bonding, insurance and
procurement standards; and with Executive Order 11246 and the regulations
issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination
bid conditions for projects over $25,000.
B. The City agrees to submit copies of all contracts, agreements, plans,
specifications and change orders related to the project to the County's Office
of Community Development in a timely manner. 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.
C. The City shall make available to each contractor bidding on any activity
under this Agreement a listing of minority business enterprises (MBEs).
2. ENVIRONMENTAL REVIEW
A. The County retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act as
implemented by HUD Environmental Review Procedures (24 CFR Part 58).
The County shall require the City to furnish data, information and assistance
for the County's review and assessment in fulfillment of the County's
responsibilities under 24 CFR, Part 58.
B. The City shall not proceed with the acquisition of real property or any
construction activities under this Agreement until satisfaction of all applicable
requirements of the National Environmental Policy Act.
C. Other Environmental Compliance Requirements:
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(1) Historic Preservation. The City shall meet the historic preservation
requirements of the National Historic Preservation 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
National Register of Historic Places will be subject to requirements set
forth in HUD Environmental Review Procedures at 24 CFR Part 58.
(2) 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 identified as having special flood
hazards and is not participating in the National Flood Insurance
Program, as provided by Section 3(a) and 202 (a) of the Flood
Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the
regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24
CFR, Section 570.605.
(3) Air and Water Pollution. The City shall comply with the provisions of
the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.)
and the regulations issued thereunder(40 CFR Part 15) and the
Water Pollution Act, 33 U.S.C. 1251 et. seq.
(4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City
shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part
35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act,
as amended, (42 USC Section 4851 et seq.) requiring prohibition of
the use of lead-based paint whenever funds under this Agreement are
used directly or indirectly for acquisition, construction, rehabilitation, or
modernization; 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
1978.
(5) Endangered Species Act. The City shall comply with the provisions of
the Endangered Species Act of 1973, as amended (16 USC Section
1531 et seq.), particularly Section 7 of the regulations thereunder (50
CFR Part 402).
3. NONDISCRIMINATION
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A. General. The City shall comply with all federal, state and local laws prohibiting
discrimination on the basis of age, sex, familial status, race, creed, color, national
origin, or disability. These requirements are specified in Section 109 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
seq.); Executive Order 11063, as amended by Executive Order 12259; 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 1701 u);
and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans With
Disabilities Act (ADA) (42 USC 12101); 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 and 24
CFR Part 6 and shall take such affirmative and corrective actions as required by the
regulations at 24 CFR Part 6. These requirements are summarized in the following
paragraphs:
(1) 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,
disability, age, and familial status. (Civil Rights Act of 1964, Title VI; Civil
Rights Act of 1968, Title VIII; Section 109, Housing and Community
Development Act of 1974; Age Discrimination Act 1975; Americans With
Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of
1973.)
(2) Fair Housing. The City shall take necessary and appropriate actions to
prevent discrimination in federally assisted housing and lending practices
related to loans insured or guaranteed by the Federal Government. The City
shall comply with the Civil Rights Act of 1964 (42 USC 2000(d) et. seq. and
implementing regulations in 24 CFR part 1, the Fair Housing Act 42 USC
3601 — 3620) Executive Order 11063, as amended by Executive Order
12259 and implementing regulations in 24 CFR part 107.
(3) Employment.
(a) 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 advertisements shall constitute
compliance with this Section.
(b) The City shall not discriminate against any employee or applicant for
employment in connection with the Agreement because of age, sex,
familial status, disability, race, creed, color or national origin, except
when there is a bona fide occupational limitation. The City shall not
Ccfnr 12-2009
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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
disability in any employment in connection with this Agreement unless
it can be shown that the particular disability 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; Americans With Disabilities Act (ADA) (42
USC 12101); and the Age Discrimination Act of 1975.)
(c) 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.
(4) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall
conduct a self-evaluation and take corrective action to ensure reasonable
accommodation in programs and services to persons with disabilities. The
City shall provide County with a completed self- evaluation checklist, in the
form set forth in County's CDBG Procedures Manual.
(5) Contractors and Suppliers
(a) 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, familial 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
disability in any employment in connection with this Agreement unless
it can be shown that the particular disability prevents the performance
of the work involved. Such practices include upgrading, demotion,
recruiting, transfer, layoff, termination, pay rate, 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.)
(b) To the greatest extent feasible, the City shall purchase supplies and
services for activities under this Agreement from vendors and
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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.)
B. In the event of noncompliance by the City with any nondiscrimination provisions of
this Agreement, the County shall have the right in whole or in part to terminate this
Agreement in accordance with Part I, Section 15.
4. PROPERTY MANAGEMENT
The City, as a subgrantee, agrees that any property, equipment, or supplies purchased
wholly or in part with program funds shall be managed under the same guidelines
applicable to the County, pursuant to 24 CFR Part 85.
5. LABOR STANDARDS
A. The City shall require that project construction and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as
amended (40 USC sections 276(a)-276(a)(5), and that they comply with the
Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276(c) and the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed
at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to
rehabilitation of residential property designed for residential use by less than eight
units.
B. A copy of the current Davis-Bacon wages must be included in all construction bid
specifications and/or contracts over $2,000.
C. If the Project constitutes a public work as defined in ORS 279C.840, unless the
Project is otherwise exempt, City shall require and ensure that all of its agreements
with and between contractors and subcontractors contain provisions:
(a) requiring compliance with ORS 279C.840;
(b) stating the existing state prevailing wage rate and, if applicable, the
federal prevailing rate of wage required under the Davis bacon Act (40 U.S.C.
276a) that may be paid to workers in each trade or occupation required for public
works employed in the performance of the contract either by the contractor or
subcontractor or other person doing or contracting to do the whole or any part of
the work contemplated by the contract;
(c) requiring that workers not be paid less than the specified minimum hourly
rate of'wage in accordance with ORS 279C.838;
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(d) stating that a fee is required to be paid to the Commissioner of the Bureau
of Labor and Industries as provided under ORS 279C.825 pursuant to the
administrative rule of the commissioner; and
(e) requiring the contractor and every subcontractor to have a public works
bond filed with the Construction Contractors Board before starting work on the
project unless exempt under ORS 279C.836(7) or (8).
6. ACQUISITION AND RELOCATION
A. Any acquisition of real property by a unit of government for any activity assisted
under this Agreement shall comply with the Federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 amended as Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter
referred to as the Uniform Relocation Act) (42 USC 4601 et seq.) and the
Regulations at 24 CFR Part 42 as amended effective April 2, 1987.
B. Any displacement of persons, business, nonprofit organizations or farms as a result
of acquisition of real property assisted under this 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 at 24 CFR Section 570.606 and
the Washington County CDBG Program Policies.
7. ARCHITECTURAL BARRIERS
Any facility constructed or altered pursuant to this Agreement shall comply with design
requirements of the Uniform Federal Accessibility Standards (UFAS).
8. NONPARTICIPATION IN POLITICAL ACTIVITIES
The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
9. 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.
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10. PUBLIC INFORMATION
All written materials (reports, brochures, promotional or informational items), news
releases, and other public notices produced by or for the City shall acknowledge 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.
11. APPLICABILITY OF LAWS UNDER THIS AGREEMENT
To the extent applicable to the City's acceptance and use of funds under this Agreement,
the City shall comply with the policies, guidelines and Uniform Administrative
Requirements of OMB Circulars A-87, A-133, and 24 CFR, Part 85 (implemented at 24
CFR, Part 570.502).
12. CERTIFICATION REGARDING LOBBYING
The City certifies, by affixing its authorized signature(s) to this agreement that, to the best
of the City's knowledge and belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the City, 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
entering into this cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of this cooperative agreement.
B. If any funds other than Federally 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 cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(Available through the Office of Community Development.)
C. The City 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.
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13. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE
The City in accordance with Section 519 of Public Law 101-144, 1990 HUD
Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that
the City will not use excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations.
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
Agreement shall be subject at all times to inspection, review or audit by the
County, federal or state officials so authorized by law during the performance of
this Agreement and during the period of records retention specified in this Part III
at paragraph 4.
B. The City shall be responsible for meeting the audit requirements established
in the U.S. Office of Management and Budget Circular A-133. Upon request of
the County's Office of Community Development, the City shall be required to
provide audit information relative to any project or activity funded under the terms
of this Agreement.
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, the City shall compile and maintain records as
indicated:
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 24 CFR Part 85.20. 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
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ranges of project activities undertaken, and opportunities to participate in funded
Block Grant projects.
C. Relocation - City recordkeeping must comply with the Uniform Act
implementing regulations at 24 CFR Part 42. 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 must be
kept.
D. Real Property Acquisition
1. If the City acquires real property by exercising its power of eminent domain,
City acquisition files must contain the following records:
(a) Identification of property and property owners.
(b) Official Determination to Acquire - A citation of the action that constitutes
the official determination to acquire, the date of the action, and the
applicable CDBG project number.
(c) Notice of Intent to Acquire the Property - A copy of the notice (including
owner's rights), citation of the date of transmittal to owner, and evidence of
receipt by the owner. If tenants are involved, then a general notice must
also be issued to all affected tenants.
(d) Preliminary Acquisition Notice - A citation of the date of transmittal to the
owner and evidence of receipt by owner.
(e) Invitation to Accompany Appraiser - Evidence that owner was invited to
accompany each appraiser on his inspection of the property.
(f) Appraisal Reports - A copy of each appraisal report, including reviewer's
report, on which determination of just compensation was based.
(g) Determination of Just Compensation - A copy of the resolution, certification,
motion or other document constituting the determination of just
compensation.
(h) 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 and
triggers the relocation requirement of making a "Notice of Displacement".
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(i) 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.
(j) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title
Report, Title exceptions - A copy of each such document and any similar or
related document utilized in conveyance.
(k) Settlement Cost Reporting Statement - A signed copy of the statement.
(1) Purchase Price Receipt - Evidence of owner receipt of purchase price
payment.
(m) Copy of any appeal or complaint and City response.
2. If the City opts not to exercise its power of eminent domain and acquires real
property through voluntary acquisition, City acquisition files must contain the
following records:
(a) Identification of property and property owners.
(b) Letter sent to Seller(prior to City making an offer on the property)
which states:
1. Federal CDBG funds may be used on this project.
2. The Buyer has the power of eminent domain but will not use its
power of eminent domain to purchase the property.
3. Seller is not eligible for benefits under the URA under this type of
voluntary acquisition.
4. The current appraised value of the property, or other indication of
fair market value approved in advance by the County.
The seller must sign, date, and return the letter, thus documenting
receipt.
(c) Appraisal Reports - A copy of each appraisal report, including
reviewer's report, on which determination of just compensation was
based.
(d) Purchase Agreement, copy of recorded Deed, Declaration of Taking,
Title Report, Title exceptions - A copy of each such document and
any similar or related document utilized in conveyance.
(e) Purchase of Price Receipt - Evidence of owner receipt of purchase
price payment.
(f) Either:
Ccfnr 12-2009
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1. Documentation that no tenants were affected by the sale; or
2. Copy of General Information Notices sent to tenants and
evidence of delivery of said notices.
(g) Evidence that the property is not part of a designated project area
where substantially all the properties in the area will be purchased within a
specified timeframe. The documentation must also show that the City does
not require a specific site for the program or activity; instead, the
documentation must show that the City is willing to consider alternative
sites.
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 benefitted
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. Miscellaneous Records - The City shall maintain such other records as may be
required by the County and/or HUD.
4. RETENTION OF RECORDS
As required in 24 CFR 85.42, required records shall be retained for a period of four (4)
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 four (4) years or
until such audit findings have been resolved, whichever is later.
B. Records for Real Property and Equipment shall be retained for four (4) years after
its final disposition. The retention period starts from the date of disposition,
replacement, or transfer at the direction of the County. Equipment is defined in 24
CFR Part 85.32 and real property is defined in 24 CFR Part 570.505.
C. Records for any displaced person shall be retained for four (4) years after such
person has received final payment.
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PART IV. SPECIAL CONDITIONS
1. The City shall execute this agreement no later than 30 days following the date of
the County's letter of transmittal.
2. At least five (5) days prior to soliciting bids the City shall make available to the
County's Office of Community Development, a draft copy of the Bid Specifications
(including drawings, if applicable). At a minimum, the draft specifications shall
include : the date of bid solicitation; date of bid opening or final date of phone
solicitations, as applicable; proposed work activities; and anticipated award date.
In addition, the City will provide a written construction cost estimate and a
projected start of construction.
3. Within ten (10) days after the Pre-construction Conference, the City shall make
available to the Office of Community Development a copy of the following
documents: Final Bid Specifications (including drawings, if applicable); all signed
contract documents between the City and the Contractor; the City's Notice to
Proceed; all required bonds obtained by the contractor; and a graph illustrating the
work activities and projected schedule for each of the activities.
4. On, or about, the first working day of each month, the City shall submit to the
Office of Community Development a written Monthly Progress Report on the
construction/rehabilitation activities. The report shall indicate the Progress Report
#; Date of Report; CDBG Project Name & #; Contact Person; Phone #; and
Reporting Period. In addition the report shall contain a narrative description of
activities accomplished during the past month; activities anticipated to be
accomplished in the next month; percentage of construction/rehabilitation
activities completed to date; and estimated date — end of construction. Finally, the
City shall provide the Office of Community Development with a one (1) month
"Rolling Schedule" of work activities.
5. In accordance with Part I, Paragraph 1.B., the following covenants are deemed not
applicable and are expressly deleted:
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PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
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PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
2010-2011 CDBG Program Year
I. Proiect Number and Title:
CDBG Project #2128, Tigard, The Knoll Infrastructure Improvements
ll. Description of: Project, Activities, Anticipated Accomplishments, Low and
Moderate or Other Target Group Beneficiaries.
A. Nature and Purpose of the Proiect:
Construction or upgrading of development-required infrastructure
improvements along three streets bordering The Knoll senior housing
project. The project is located in an older area of Tigard that was
developed without sidewalks or storm sewers.
B. Proposed Location or Impact Area(s):
Intersection of SW Hall Blvd. and SW Hunziker Road, Tigard, OR
C. Duration/Timing of the Proiect:
July 1, 1010 — June 30, 1011
D. Number of Low and Moderate Income or Target Group Beneficiaries:
50 Low to Moderate-income seniors will be served.
E. Component Activities (CDBG vs. Others):
CDBG = $425,000 City = $183,070
F. Quantitative Projections for CDBG Component Activities (in units, linear
feet, square feet, etc.) for all acquisitions, construction, reconstruction,
rehabilitation, etc.:
Undertake the construction of 552 lineal feet of curbs, sidewalk,
landscape, and drainage adjacent to the proposed 48-unit The Knoll
senior housing development. Construction activities include sidewalk and
associated improvements within the public right-of-way, including the
replacement of two traffic signal poles and various related costs.
EXHIBIT A
S/con 10/2128 Tgrd scope
Project No. 2128 MAR 15 2611T
Project Year Funded 2010/11
AUTHORIZATION SIGNATURE CARD
Project Name The Knoll Infrastructure Improvements
Applicant's Name City of Tigard
Address 13125 SW Hall Blvd.
City, State, Zip Tigard OR 97223
Telephone Number 503-718-2444
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
Any TW signatures required to sign any financial document
NAME SI A
Craig Prosser
7 1�e
Toby LaFrance
Debbie Smith-Wagner —
Amy Lawson
Mark VanDomelen ALA
I certify that the signatures above are of the individuals authorized to execute financial
documents.
Dafe T Signat of Authorized Official
City Manager
Title of Authorized Official
Project No. 2128
Project Year (funded)2010/11
BUDGET SUMMARY
Community Development Block Grant
Project Title The Knoll Infrastructure Improvements
Legal Name of Entity City of Tigard
Address 13125 SW Hall Blvd. City Tigard State OR Zip 97223
I. BUDGET LINE ITEMS:
A. PERSONNEL SERVICES:
4. Portion Chargeable to
1. No. of 2. Job Title 3. Total Salary CDBG
Employees
1 Project Planner $1,100.00 $0.00
5. Subtotal $1,100.00 $0.00
6. Extra Help/Overtime
7. Fringe Benefits
8. TOTAL PERSONNEL COSTS $1,100.00 $0.00
PortionaiChargeable to
B. MATERIALS &SERVICES: Materials & Services t DBG
9. Office Supplies $200.00 $0.00
10. Operating Supplies
11. Communications
12. Travel and Training
13. Legal & Public Notices $150.00 $0.00
14. Professional Services $59,630.00 $0.00
15. Construction Contracts $546,990.00 $425,000.00
16. Other: Specify
17. TOTAL MATERIALS & SERVICES $606,970.00 $425,000.00
S\cdforms\budgsum.pdf
C. CAPITAL OUTLAY: Total Portion Chargeable to
Capital OutlaCDBG
18. Capital Outlay:
Quantity Item
19. Real Property Acquisition:
20. TOTAL CAPITAL OUTLAY $0.00 $0.00
21. Total Project 22. TotaI'CDBG Award
Cost
$608,070.00 $425,000.00
II. SOURCES OF PROJECT FUNDING
1. Federal
2. State $181,620.00
3. Local Cash $1,450.00
4. Count
5. In-Kind Service & Supply
6. Other detail
7. Subtotal $183,070.00 $0.00
8. Community Development Block Grant $425,000.00
9. TOTAL PROJECT COST $183,070.00 $425,000.00
III. AL�7RIZ TION , --
Da
te u�ori igna u e fo roject
Date Author ed ignature for Project
COUNTY USE ONLY
Reviewed and approved by Washington County Office of Community Development on
20La ByLe v PA�, ,��,4�.� Q ,_ � �
Signature
WASHINGTON COUNTY
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM 20102011
INFRASTRUCTURE IMPROVEMENTS
PROJECT PROPOSAL
(Instructions attached. Submit original and 1_ copy)
1. PROJECT The Knoll Infrasructure FOR STAFF
TITLE : Improvements USE ONLY
BRIEF Curb, sidewalk, landscape, and Project No.
PROJECT drainage improvements along 3 Date Rcvd.
DESCRIPTION & Knoll property street frontages Time:
CDBG REQUEST: p p y g Eligible: Yes No
Revision #
Qualifying CDBG
PROJECT Regulation
2. SPONSOR: Primary
Objective
Name: City of Tigard Qualifying Income
Eligibility
Mailing City of Tigard, 13125 SW Hall Other Information
Address: Blvd., Tigard, OR 97223
Contact Duane Roberts
Person:
Phone # 503-718-2444; Ext: 2444
Fax # 503-718-2748
E-mail: duanga l ard_-or.gov
Signature*:
Title: City M nager
"Proposal must bear the signature of an individual authorized by the agency
board, city council, or county department head. Authorized proposal sub-
mission must be documented by board minutes and/or city/county resolution.
Without such evidence of authorization at the time the proposal is submitted,
the application will be rejected.
1
Infra Impr 2010-2011 Project Proposal Form
3. SHORT TERM CDBG OBJECTIVE REFERENCE(S):
A. Short Term CDBG & Objective Reference
B.2.a Construct, repair, and replace sidewalks to provide safe pedestrian
environment.
B.3.a Increase neighborhood safety by replacing, repairing and developing
streets and related infrastructure.
B.5.a Improve acess to transit in low income neighborhoods through
streetscape improvements.
B. Qualifying Criteria
1. Low and moderate income
2. Slums and blight ❑
4. PROJECT BENEFIT: Note: THIS SECTION HAS BEEN REVISED. PLEASE PAY
PARTICULAR ATTENTION TO THE INSTRUCTIONS.
A. Census and Block: 307.01
Group Designation:
Project Location: Intersection of SW Hall Blvd. and SW Hunziker Road
Note: Attach map, which shows the project site and defines the service area.
Label it "Exhibit A".
B. Qualification - If project is located within a low and moderate-income service
area, respond to either question #1 or#2. below depending on whether you
are using Census or Survey to qualify. If project qualifies on the basis of
being located in a slum or blighted area respond to #3. below.
1. Low and moderate-income area by SURVEY (Fill out this section if you
conducted a survey to qualify your project)
a. Total Number of persons in service area #51
b. Total number of persons who are low/moderate #50
income in service area
c. Percentage of persons who are low/moderate income 98.00%
in service area
2. Low and moderate-income area by CENSUS (Fill out this section if you
used census data to qualify your project). USE WORKSHEET THAT
FOLLOWS QUESTION #18.
2
Infra Impr 2010-2011 Project Proposal Form
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City of Tigard
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a. Total Number of housing units in service area #
b. Number of readjusted affected housing units #
c. Number of low/mod income persons in service area #
3. Slum or blighted neighborhood
a. Total number of structures #
b. Total number of structures that are unsafe #
c. Percent of structures that are unsafe %
d. Percentage of clients served by facility who are
low/moderate income
C. Document source(s) of information for#1, #2 and #3 above.
Under HUD rules, the project prequalifies as an income-restricted affordable
housing project. The future building will be owned and operated by the
Tigard-based non-profit CPAH. All future tenants must have incomes at or
below 50% of area median income. The apartment manager will be the only
occupant whose income is not restricted.
5. OTHER INFORMATION
A. Will project activities be accessible to persons with disabilities (e.g. sidewalk
improvements)?
® Yes ❑ No
B. How is project compatible with local plans? Explain and reference.
The project is consistent with both local comprehensive and affordable
housing plans. Comprehensive Plan Policy 15.2.6 states that "New housing
in the downtown shall provide a range of housing types, including . . .
affordable housing in a high quality living environment." According to
Resolution 02-58, "the city's efforts in the area of affordable housing are
directed to serve the income group with the greatest need, households
earning 50% or less of area median income." The present project is located
within the official boundaries of the City Center Urban Renewal Area and is
targeted at seniors earning under 50% of area median income.
6. PROJECT PERIOD:
Start (mo/yr): September 2010
End (mo/yr): February 2011
7. PROJECT COST:
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Infra Impr 2010-2011 Project Proposal Form
Total CDBG dollars requested $425,000
Total dollar value of other resources $183,070
TOTAL PROJECT COST $608,070
8. PROBLEM STATEMENT:
A. Describe the problem and its severity, including health and safety concerns.
As is well publicized in a spate of"greying of America" media stories, the
nation's elderly population is increasing rapidly. In 2000, the elderly
accounted for 12.4 percent of the population. This number is projected to
increase to 20 percent by 2020. Data maintained by the Metro Data
Resource Center shows that the population of persons 65 and older within
the region grew by 6.5 percent between 1995 (162,662) and 1999 (173,221).
Most seniors typically live on fixed incomes, including Social Security Benefits
(SSB), pensions, and retirement investments. Some seniors depend solely on
SSB, and receive approximately $500-800 per month. Seniors may also
receive Supplemental Security Income (SSI) if they receive SSB below $520.
Meanwhile, the market study completed for The Knoll indicates 1-bedroom
rents average between $650 and $875 in the Tigard area--well beyond the
reach of the senior living on a fixed-income. According to Multnomah County
Aging and Disability Services, nearly half of elderly renters in Oregon spend
over 35 percent of their income on rent. The need for affordable housing
serving low-income seniors will only grow as the elderly population continues
to increase over the next several years.
The Tigard-Tualatin area has just one seniors-only affordable housing project,
Woodspring Apartments, which has 2-bedrooms that rent for $800-850.
Tigard-Tualatin has among the highest median rents in the County, which are
seldom below $700. Despite only one affordable senior project, some 7,000
seniors currently live within city limits (about 16% of the population).
Another problem is that in more affluent communities like Tigard and Tualatin,
many existing rentals have been converted to condominiums. At the same
time, several mobile parks catering to seniors have been sold and lost to the
local inventory, displacing long-term residents. Several others are at-risk.
Among the remaining inventory of rental projects, many are poorly designed
to meet the needs of seniors, lacking appropriate accessibility features and
community space or services, which will allow the seniors to age-in-place and
live independently. Many others are in very poor condition and few are
affordable to the seniors the Knoll will serve. All this creates a tremendous
need for new, affordable units for seniors in this part of Washington County.
Two recently released reports, one by the Government Accountability Office,
and one by the American Association of Retired People, reinforce the need
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Infra Impr 2010-2011 Project Proposal Form
for more affordable housing near public transit. Both studies conclude that
affordable housing near public transit provide significant social, health, and
cost benefits to project residents.
The Knoll site is extremely well located for senior housing, within one mile of
virtually all essential services, including groceries, pharmacies, a senior
center, six bus lines, and Commuter Rail. It also is an older pocket-sized
neighborhood that developed without sidewalks or storm sewers. As a city-
imposed condition of its development, the Knoll project is required to install
public improvements along two of its three street frontages. The
improvements include curbs, sidewalks, storm drainage, and planter strip
landscaping. It also is required to upgrade to current standards older, existing
sidewalk along the project's Hunziker frontage. In addition to these
infrastructure improvements, the project is required by the state to participate
in the upgrading of the ODOT-owned signal located at the intersection of Hall
and Hunziker. The combined cost of all these project-associated right-of-
away improvements is some $600,000. In these times of scarce public and
private resources for affordable housing development, the burden of these
infrastructure improvements would make this project infeasible without some
dedicated source of funding for this component.
B. Is this problem the result of a declared disaster?
❑ Yes ® No
1. If Yes, explain nature of disaster.
2. Describe efforts to obtain alternative funding to address this need.
CPAH has assembled a number of public and private funders to finance
the low-income senior housing project. The project also received
$750,000 in HOME funding during each of two prior Washington County
funding cycles (2006 and 2007). In addition to this $1.5 million in Home
funds, the Knoll recently was awarded more than $8 million of federal
income tax credits (LIHTC) that will be used to generate $6.1 million of
direct equity for the project. In 2008 and 2009, CPAH applied for and
received a combined total of$20,000 in Fee Subsidy funds from the City
of Tigard. In 2009, the project received $20,000 in the form of City-
deposited dollars from the Washington County Housing Trust Fund. In
total, the housing project will have fifteen sources of funding to complete
construction. The development team has made great progress in filling
an estimated $2.5 million gap created by falling low-income housing tax
credit prices over the past two years. If awarded, the CDBG funding will
be one of those important sources that will fill a void created by the
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Infra Impr 2010-2011 Protect Proposal Form
current recession. Of particular importance is this source's abilty to fund
improvements that will not be owned by the housing project. This is
something that most affordable housing dollars are prohibited from doing.
9. PROJECT DESCRIPTION:
A. Describe how the neighborhood project activities address the need or
alleviate the problem identified in the problem statement.
As described, the elderly are among the low- to moderate income households
that have the greatest need for affordable housing.
The Knoll at Tigard is CPAH's newest project, and will provide 48 senior units
(45 are 1-bedroom and three are 2-bedroom in size), with one exempt
manager unit. Forty units will be targeted to those at or below 50% of area
median income (including one exempt manager unit), and eight units will be
targeted to homeless Veterans, with rents affordable at or below 30% of
median income. The project will feature ample parking (42 spaces) and
community space at the ground level. The community room will
accommodate a mix of uses by residents and the community. The location of
this project is at a primary gateway into Tigard's downtown. The design will
help define the character of future downtown redevelopment as well as bring
much-needed pedestrian facilities to Hall Boulevard. Carleton Hart
Architecture, the firm that has worked with CPAH on three of its five
properties, has desiged the project as two building wings extending from a
central urban plaza. The project includes such sustainable design features
as re-use of rainwater and a "living wall."
The proposed 552 lineal feet of frontage inprovements along Hall Boulevard,
Knoll Drive, and Hunziker Street, which surround the project on three sides,
will enable Knoll residents to walk to urban ammenities in the downtown area.
The one-acre site, with its proximity to community services, recreation areas,
and transit facilities, makes it ideal for senior housing.
B. How will CDBG funds be used? Describe tasks and provide a time frame for
completion of the project.
The CDBG funds will be used to partially finance the construction or
upgrading of development-required infrastructure improvements along the
three streets bordering the senior housing project. This includes sidewalk
and associated improvements within the public right-of-way, including the
replacement of two traffic signal poles and various related costs.
The project is expected to begin in the third quarter of 2010, with completion
expected by February 2011.
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Infra Impr 2010-2011 Project Proposal Form
C. Explain how this activity addresses a need and objective identified in the
2005-2010 Consolidated Plan.
As a sidewalk improvement project, the Knoll proposal directly meets the
Consolidated Plan Goal II and related Objective of "construct, repair, and
replace sidewalks to provide a safe pedestrian environment."
The traffic-signal relocations and upgrades increase neighborhood safety by
replacing street-related infrastructure (Goal II).
As a transit-oriented development, the overall project also meets the Goal II
Objective under Other Infrastructure Improvements of "improve access to
transit in low income neighborhoods through streetscape improvements."
The proposed Knoll infrastructure project addresses this need by providing
pedestrian access to nearby bus and Commuter Rail services for its low-
income elderly residents.
10. COORDINATION:
Explain whether this project is part of a coordinated effort involving projects,
including CDBG and/or HOME, in the neighborhood.
The project is part of a coordinated effort involving HOME funds awarded to the
Knoll by the Washington County HOME Consortium. The project also is part of a
coordinated effort to reinvigorate Tigard's traditional downtown area. Along with
soon to be underway street improvements on Main and Burnham Streets, Knoll
construction likely will activate other private development within the downtown.
11. ENVIRONMENT
A. Historic Preservation
1. Will the project activity involve the demolition of a building that is 50 years
or older?
❑ Yes ® No ❑ Unknown
2. Does this project assist or complement other historic preservation
activities taking place in the same area? Explain.
No historic preservation activity is taking place in the same area.
B. Endangered Species
Will the project involve the construction of an impervious surface area within
200 feet of a river, stream or other body of water?
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Infra Impr 2010-2011 Project Proposal Form
❑ Yes ® No
C. Environmentally Sensitive Areas
Will the project involve the construction or improvement of infrastructure in an
environmentally sensitive area?
❑ Yes ® No
NOTE: If the answer to any of the questions in the above section "Environment" is
yes or unknown, it is recommended that you consult with Office of Community
Development staff prior to the submittal of the application as there may be impacts
on the timing, location, design and costs of your project.
12. PROJECT SPONSOR INFORMATION:
A. What is the priority of this project in comparison with all other projects you are
submitting in this category and in the category of Public Facilities (e.g. parks,
senior centers, community halls, etc.) ?
The project is the sponsor's top ranked project.
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Infra Impr 2010-2011 Project Proposal Form
B. Previous CDBG-funded projects since 2006. None ❑
(1) (2) (3) (4) (5)
CDBG Year Amount Completed in Time Completed
Project Of Of Originally Specified Within Original
Number Project Award in Contract? Budget
YES NO YES NO
9226 2007 $307,000 ❑ ® ❑
210 2008 $145,109 ® ❑ ® 1:1
1123 2009 $141,790 ❑
❑ ❑ ❑
$ ❑
$ ❑ ❑ ❑ ❑
$ o °❑ a a
$ a °❑ o 0
$ a °❑ a a
(Note: Attach additional page if necessary)
C. If any answers to (4) or (5) above are No, please explain.
Project #9226 is the Tigard Senior Center Remodel. This project received a
short time extension and contingency funds in order to replace the existing
roof, which during remodeling was discovered to be water damaged. Project
#11123, Garrett Street Sidewalks currently is underway. It is on track for
June 2010 completion and close out.
D. Will the project necessitate either Residential or Employment displacement?
® No ❑ Yes If Yes, explain below
E. Operation and Maintenance:
1. Specify who will assume legal responsibility for the continued
maintenance of the infrastructure improvements.
The City of Tigard will be responsible for the on-going operation and
maintenance of the sidewalk improvements.
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2. Describe how the operation and maintenance will be provided over the
useful life of the facility. Include in your description:
a. A general statement of financial assets and resources at sponsor's
disposal.
The City of Tigard has a strong fiscal capacity, with 2009-10
assessed property values of$4.7 billion.
b. A brief description of general administrative as well as budgetary
performance of organization, including any problems the
agency/locality has encountered over the past two years.
The City of Tigard received the Distinguished Budget Presentation
Award from the Government Finance Officers Association in 2008,
the 21st year in a row that the City has been so recognized. This
demonstrates City official's administrative and budgetary
competence.
c. A description of past experiences in operating or administering a
similar type of activity.
The City Street Department has a fifty year history of successfully
operating and administering activities related to the City street
network.
d. Describe source of financing for the ongoing maintenance of the
project.
Ongoing maintenance will be included as part of the City Street
Department's regular work program. The Street Department is
funded by the City's general fund.
13. CITIZEN SUPPORT
Describe efforts to obtain citizen support. Attach documentation that demonstrates
those efforts and the outcome. Label documents "Exhibit B"
The project has received extensive support from groups and individuals
representing Tigard, seniors, and various government agencies. They include
Congressman David Wu, State Senator Ginny Burdick, Tigard City Council,
Tigard's City Center Advisory Commission, Housing Authority of Washington
County, Tigard Senior Center, Northwest Pilot Project, Elders in Action, Tigard
Chamber of Commerce, Enterprise Green Communities, and Metro.
In general, the support letters provided for this project address: 1) the rapidly
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increasing need for affordable senior housing, 2) the transit and pedestrian-
oriented nature of this site and its close proximity to a variety of services and
amenities, 3) the strong track record of the project team in developing high quality,
sustainable, and service-enriched projects, 4) the project's connection to the
County's 10-Year Plan to End Homelessness (with Veterans unit set-aside), and 5)
the Knoll's potential role as catalyst project in Tigard's urban renewal district.
14. PROJECT MANAGEMENT CAPABILITY
A. Name and title of designated Project Manager
The City of Tigard will be the project sponsor. In order to coordinate
completion of the infrastructure improvements with construction of the
housing units, the City will subcontract the design and management of the
infrastructure work to the Knoll at Tigard, LLC. The Knoll at Tigard LLC has
the following relationships as it pertains to this project: (1) Community
Partners for Affordable Housing - sole member of the LLC and housing
development sponsor and General Partner (2) Housing Development Center-
financial and construction project management services to the owner (3)
Carleton Hart Architecture - project architect. The project owner has
extensive relationships with HDC and Carleton Hart, both of which have been
involved in several of CPAH's previously completed projects.
The Project Civil Engineer is Dave Humber of MGH Associates. He will
complete the final design and bid documents for the infrastucture
improvements. The Project Traffic Engineer is Frank Charbonneau of
Charbonneau Engineering. He has completed numerous projects involving
traffic signal modifications. The General Contractor, when selected, will bid
the project following HUD and City guidelines.
B. Past management experience
1. Ability/experience in dealing with appointed and elected officials,
contractors, engineers, architects, clients, and citizens; resolving
complaints; and conducting meetings.
MGH Associates has been established for ten years and has successfully
completed work for a large variety of entities from private developers to
public municipalities. MGH has completed work on federal contracts as a
civil engineering subconsultant to the local design firms leading the
project management.
Mr. Humber has nearly 20 years local experience in designing private site
projects with their associated public improvements. He recently has
completed a Clackamas Town Center project that included over 2,300
lineal feet of multiuse pathways and intersection work (including two
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Infra Impr 2010-2011 Project Proposal Form
traffic signals), and 1400 lineal feet of ODOT highway widening along SE
82nd Avenue (including two traffic signals to ODOT standards), a
condition similar to the required widening of SW Hall Boulevard.
Additionally, he has worked in both Tigard and Washington County
jurisdictions over the course of his career. Mr. Humber has already
scheduled and conducted a multi-agency kickoff meeting for this project
that included, ODOT, City, developer, and design team participants.
2. Ability/experience in government contract administration; knowledge of
federal regulations governing acquisition, procurement, equal
employment opportunity, and labor standards.
Mr. Humber has significant experience designing projects such as this
one, and will work closely with CPAH's development team: including
finance and construction managers, architect, and general contractor.
CPAH and all other team members work regularly with government
funding requirements related to procurement, equal opportunity and labor
standards, and have successfully managed CDBG-funded projects in
Washington County, as has the project sponsor, the City of Tigard.
3. Ability/experience in establishing timelines; drafting requests for
proposals, bid documents, and contracts; reviewing plans and
specifications; negotiating contracts and change orders; approving
requests for payment.
Mr. Humber is a state licensed civil engineer and has nearly 20 years of
direct experience in performing each of the individual tasks listed under
this question. He regularly works with a client team on establishing
project timelines. His experience in developing permit and bid
documents, reviewing plans and specifications, and reviewing contractor
change orders is extensive. He has been involved in several hundred
projects over the course of his career in the Portland Metro region.
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15. BUDGET SUMMARY
Total Project CDBG
BUDGET CATEGORIES Cost Funding OTHER COMMITTED SOURCES OF FUNDS
All funds included in the bud et must direc ly support this project.
Federal State Local County In-Kind Other (Specify)
a) Personnel Services 1100 1100
b) Office Supplies 200 200
c) Operating Supplies
d) Communications
e) Travel & Training
f) Legal & Public Notices 150 150
g) Professional Services 59630 59630
h) Construction Contracts 546990 425000 121990
i) Capital Outlay
j) Property Acquisition
k) Relocation Expenses
1) Appraisal Fees
m) Other (Specify)
n) TOTAL PROJECT 608070 425000 181620 1450
NOTE: See next page for Required Budget Narrative - provide explicit narrative detail to support project budget.
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16. BUDGET NARRATIVE Indicate the total project cost, the portion charged to CDBG funding and the portion committed by other
funding sources. Provide a detailed break down of the costs for each line item.
The total project cost is $608,070, of which xx% is charged to CDBG funding and xx% is charged to
other sources. The local funding will come from multiple funding sources and from in-kind design and
construction management services. Project costs by major component are as follows:
1. Street Improvements Hall Blvd, 305 LF: $195,200
2. Street Improvements Knoll Dr, 158 LF: $38,868
3. Street improvements Hunziker St, 89 LF: $26,522
4. Street Lights, 5 poles @ $3,780 each: $18,900
5. Traffic Signal @ Hall/Hunziker: $180,000
6. Storm water improvements in R.O.W. @ $1.92 SO: $87,500
7. Architectural fee- $9,725
8. Civil Engineering: $29,900
9. Landscape design: $2,905
10. Traffic Engineer: $16,800
11. Architect Reimbursables: $300
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17. ADDITIONAL INFORMATION
Submit information that documents approval by the City Council (a copy of the
Council minutes and/or resolution must accompany the proposal) authorizing
submittal of the proposal. County proposals must bear the signature of the
appropriate department head.
18. SEE ATTACHED WORKSHEET (ON FOLLOWING PAGE) WHICH MUST BE
COMPLETED IF YOU ARE QUALIFYING YOUR PROJECT BASED ON CENSUS
DATA. The worksheet must be submitted with your project application. The
questions in 4.13.2 can only be answered by completing this worksheet.
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Infra Impr 2010-2011 Project Proposal Form
7
EXHIBIT 3
October 7, 2009
Sydney Webb, Chair
CDBG Policy Advisory Board
c/o City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
RE: The Knoll @ Tigard
Dear Ms. Webb:
On behalf of the City Center Advisory Commission (CCAC), I am writing to urge your support for the award
of Community Development Block Grant(CDBG) funds to help finance the construction of sidewalks and
associated infrastructure for The Knoll senior housing project. These improvements are defined in a City of
Tigard CDBG project proposal. All are required by City and State regulations applicable to new
development.
The elderly and people with disabilities are two of the groups with the greatest need for affordable housing.
The Community Partners for Affordable Housing (CPAH) proposal for The Knoll,a 48-unit senior housing
project,will help address this growing need.The 48-unit project will serve low income seniors with accessible,
transit-friendly, service-enriched housing.
In addition to meeting a key need, the project incorporates many features described in the various downtown
planning documents and vision statements we have crafted to describe our preferred development vision.
The location at the corner of S.W. Hall Boulevard and S.W. Hunziker Avenue, at one of the gateways into the
downtown, provides the opportunity for a landmark project that will help establish the scale and quality of
future downtown development.
CPAH and the City of Tigard have worked together over the past decade on affordable housing supply.The
CCAC supports city staff's efforts to assist CPAH with this latest development in the downtown. We know
the City has already considered its existing tools (tax abatement and fee waivers) for this project.
Earlier this year, one of our commissioners was able to participate in an Eco-Charrette held for the project,
along with city staff, and members of other local groups like the Tualatin Riverkeepers. The resulting set of
priorities,not all of which are fully funded,includes green features similar to CPAH's prior projects (which
have resulted in 15-30% energy and water savings over conventional construction),including innovative
additions such as a green roof, a living wall, and re-use of rainwater.
Because this project meets both a community priority and a county-wide need (affordable housing for the
elderly)we believe this project merits you highest consideration.
Thank you for your attention. Should you have any questions regarding CCAC support for The Knoll project
proposal,please do not hesitate to contact me.
Sincerely,
A ea er B. Craghead
Vice-Chair
City Center Advisory Commission
AM1MrA
y .*
�l Alf •�li
MIT"I J 111011 11M."I
P.O. Box 23206 e Tigard, OR 97281-3206
�o R AFFORDABLE a o u S i N c, INC. Tel: 503-968-2724•Fax: 503-598-8923 • www.cpahine.org
BOARD RESOLUTIONS September 2009
Community Partners for Affordable Housing (CPAH)
Board of Directors Resolution 2009-09
Authorizing CPAH Staff to Submit Applications CDBG Support for The Knoll @ Tigard
September 29, 2009
Whereas,CPAH is working to assemble financing for its next housing development project, a 48-
unit senior community in Tigard to be known as The Knoll @ Tigard, and
Whereas, CPAH will incur significant costs related to.off-site improvements that will benefit not
only the residents of this project, but more importantly the larger community of Tigard with
additional pedestrian safety and amenities, and
Whereas, City of Tigard has agreed to partner with CPAH to seek CDBG funding to offset the cost
of said improvements, therefore
BE IT RESOLVED that CPAH's board of directors,does hereby authorize CPAH executive director,
Sheila.Greenlaw-Fink,or asset manager, Linn Brillman,to submit an application of up to $500,000
for CDBG grant funds to be used for The Knoll @ Tigard.
JudfWerng, Board President Mary Eidson rd' ecretary `
CPAH does not discriminate against any Person on the basis of age,race,color,religion,sex,handicap,familial status,national origin,or marital status f
in the admission or access to,or treatment,or employment in its federally assisted programs and activities. o:.w min
DAVID WU y coMMnr�s
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SCIENCE ANOT6CHNOL08Y
2338 RAvpum Hausa Qr=BUILDING CHAIRMAN,TWNft AM IMWMWIA
WASHINGTON,DC 20616-$7t t � ��
TELEPNONG:(202)22"836 {
e20soL WESY sunt BOB (((;allgr1CO of the �. ite"o, Stet O IAnIuMEtaw+ia►+Lntaat+oEDUCATION AND�uawNQatp
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PORTLAND,OR 97206 �{ r i* {,
TELEPHONE;(603)329-2901 ROM of Amnotntatfbet �""""A`W'
(800)422-4003 � MW tH,EwwrWw,LmmW,ap Ppw-wNs
hupJJwww.hou.n�ovJwu MOmgN%VAC 20515-3701
February 25,2009
Mr.Victor Merced
f
Director-
Oregon Housing and Community Services Department
725 Summer Street NIS,Suite$ "
Salem,OR 97301-1271
Dear Mr.Merced:
1 am writing to support the funding request of Community Partners for Affordable
Housing(CPAIi)for The Knoll®Tigard.CPAH has built a number of housing projects in my
district, including their most recent,The Watershed @ Hillsdale, a LEED Silver project.
Affordable housing for seniors is a rapidly growing need in Oregon and throughout the
United States.As the"age wave"of baby boomers hits,we will need thousands of additional
units near transit.and services.The location of this project,in Tigard's urban renewal area,is 1
walking distance to the senior center,library,and downtown shops and services. Seniors will.be
able to remain independent and age-in-place given the accessibility features and services offered
at CPAH's sites.
i
I help many seniors every year who are forced to rnako difficult decisions because of �.
limited resources.I hope together we can Servo this growing population.Thank you for your �
consideration of this project.
With warm regards,
:�
David Wu -
Member of Congress
DW:RP
l
'.PHINWOON AECY=-t)PAPER
GINNY BURDICK Office: Oregon State Senate
State Senator
Salem,OR 97301
'Ye (503)986-1718
DISTRICT 18 ; E-mail:sen.ginnyburdick@state.or.us
•MULTNOMAH COUNTY District: 6227 SW 18th Dr.
'ASHINGTON COUNTY Portland,OR 97239
(503)244-1444
OREGON STATE SENATE
February 23,2009
Victor Merced
Director
Oregon Housing and Community Services Department
725 Summer Street NE,Suite B
Salem,OR 97301-1271
Dear Victor:
This letter is written in support of CPAHs proposed 48-unit senior project:The Knoll C
Tigard.I serve a district with relatively few rental resources for low-income seniors.The
Watershed @ Hillsdale was a great addition to my district last year and very near my own
home.Thank you for your support of that project.
The location at.Hall and Hunziker in Tigard's new urban renewal area is an excellent choice
for senior housing.Residents will be able to walk and bus to the Tigard library,senior center,
and various downtown shops and restaurants.They will be just blocks from the Tigard
Transit Center and the new WES Commuter Rail.
Most of CTAITs properties are in my district(Tigard and Hillsdale).I strongly support their
efforts,and am pleased to represent Tigard,'a local jurisdiction which has given them such
strong support.CPAH has designed a project which is ready to proceed and critically
needed. Based on their track record,l know they will develop a project the City and
State will be proud of,and one which will function well to meet the needs of our most
vulnerable seniors. I urge your support for this project,
Sincerely,
� R
Ginny Burdick
WASHINGTON COUNTY .
OREGON
February 25,2009
Victor Merced '
Director
Oregon Housing and Community Services Department
725 Summer Street NE,Suite B
Salem,OR 97301-1271
RE:The Knoll @ Tigard
{
Dear Victor:
As the director of Washington County's Department of Housing Services and its Housing Authority,I have the
privilege of working closely with one of our valued affordable housing providers,Community Partners for Affordable
Housing(CPAH). We often interact to solve problems as members of the Housing Advocacy Group(HAG)and the
Housing and Supportive Services Network(HISSN),and in other special venues.
Over the past year,our community has come together to create a 10-Year Plan to End Homelessness..This Plan -
promotes the principles of"Housing Firs',wherein the availability of permanent affordable housing with wra"round
services creates what is arguably the best long-term approach to ending homelessness.As part of the X94-Year.Plan.
discussions,we are developing a project-based voucher program to be offered on or about.July 2009 following*HUD.-
approval. -CPAH has expressed a strong interest in that program,and anticipates applying for rental assistance f6r-8;
of:the units at:their proposed project,The Knoll @:Tigard:They are proposing to model a set asidefdr horneldss!
veterans similar-to the one they currently manage at The Watershed in Hillsdale.This proposal would-fit{well witKour.
10 Year Plan as'we are aggressively working to expand opportunities_for homeless veterans in Washington County,,,,. ..
where they have been underserved.While I am unable to provide specific information at this time on timing`or:a,
commitment of vouchers,we.look forward to receiving an application from CPAH for this.important target population.
CPAH-managed-properties are well-known for their quality.Their staff and management agent have always been
responsive and proactive in their interactions with all tenants,to include an estimated fifteen Section 8 tenants..Their
properties are in very good condition and they offer a variety of services on-site—many through partnerships with
other local agencies.They have played a strong role in promoting"green-building"in our area and intend to build on
this expertise at The Knoll with the innovative reuse of rainwater,a living wall,and other new features.
1 strongly urge.your funding for this critically needed addition of senior housing units in Washington County,-with its
set-aside for homeless veterans.The project already enjoys considerable Washingten-Geu*support,as evidence
by$1.5 million in HOME funding and a commitment by the City of Tigard to provide fee waivers and expedited
processing to help move this project forward.'As a result,your allocation of state resources is now the final and
necessary step in allowing this project to proceed.Should you have any questions,please feel free to call.
Sincerely,
Adolph"Val.,
a ,Jr.
Director
Department of Housing Services
1 l l NE Lincoln Street,Suite 200-L,MS 63,Hillsboro,OR 97124-3072
(503)846-4794•fax(503)846-4795•TTY(503)846-4793
Equal Housing Opportunity
Good:Neighbor
•
en• e-r
February 24; 2009
11130 SVV:Greeri:burg l2el.:
Victor rced
cird;::0 ori'97223.
Me ..
D' ctor
:
.(5 43-60'8 , •
Orgo Housing;atid Comimunity Services:.Department" FgX:(503)443. 3745°
72 ;5uiriinex Streeti NE;`Suite°B
::Tigard.Senior Housing
Dear.Victor:
As the elirctor of:Tigard`s homeless.shelter{The Good Neighbor Genter);a:Tigard City.,
Councilor,.aiid a member of:the:county's Policy Advisory Board'(Office"of Cc, iini�y .
)evelopfnent),T frequently work.With Cpimuh4.Partners.for.Affordable Housing(CPAm:we..
share a comcriitt�ent`to reducing:homelessness.anclproviding permaiieri#;:service-enriched
housing..oppo tuuities:for those who.need.them:most:.:'
Ian sendiri thisaetter to su ` zt CPA�I's:a ltcat on for fupdmg.,£oi:Tlie Knoll; :. Ti.ar a 48
g PP4 . . PP � . ? .
8
i�ut se oi=housing project.ui our.downtown a ea:T Bard is plea �d to:ploy a role:`as:a.policy
deader not only in tfle:County;but 1q the State: Ve have perhaps d0 . more as as jurisdiction.:.
ahari any.vtlier to sup�:ort> o dalile,*housing projeets. - sponsors:within;our city;:To'.ensure the
futuie.vlability�of our conirituiuty,we.know that w.e need a diversityaf liou'sing types that;serve a
vgnety=of iricizme levels:. = ;
has:Been a strorig;partnerfor-the:City.in•riieeting the needs o�oar workFQree;:
sen"ors.•and disabled;.Wit,four pmlects;located in, or just:outside; city'liin t� At these
sites' :artri r hi:s'u�ith:our;libr`. ehonis and lice'-t ve as d6the'residents:wl o
,.P p. . �y1... I ,
there. We wily continue to do'everything ye caq tto:encourage high quality iiffordable
::kousirig.in t�uc City:.The Knoll wih.provide our first opportunityfl`meet the ri�eeds o€
low�income.,seruors,with riauch swell=located:and acesi§able building near:transit and
services.
please.feel free-to call, and we look forv�ardao your declsic
y:Sliei ...00d
ecuttve.Dueetoi d:Ne hbor::Cenfer -
g
Tigard:Ci Councrl:lVlember:
LoAVEs&FISHES
37te Meals-0If4Vheel9 People
Shoda QVW&W-Fink;Executive Mccor
Cotmmunity Partners for.Affb dabte Housing
P4 Box 23206
Tigard,OR 97281
Octobor-10,2008
Deal'I&Greenlaw F1'n
Y aw m this'.laft to indicate ou Support for the-Community Partners for Affordable Housing
app en (in to' ashington County ibrHOlvtE.fhnds.l:o$vea auad Rashes and the:!
anticipate a stmn Bard Saator Center"
B parts hiP..and m .,,. y beneficial mlationsitip resulting from the developmant.of tlio
Proposed sotiior center housing project class to our present location.
Many of our clients hhve"a raced for xecessiblo*nd.affot"a ho quality.
using that is attractive and
The l?rO.1 CpAH will fii)t6is.neod.and"servc mauyr oniors u►the'ngard arca:
.Loaves and Fishes ahs theTl ret Senior Ceu*r iMUSiOn s4%ment:includes ft following;:"our tuission
is to s irich.the live saviors aid assist ihem.tn niakAalniag indept(tdence..."Itis our opinion that.the
approval.of CPAI-N application will be a p(Wave seep in Hutt dh esti n"attd urge rafificatiiod.vf tho same
so that our senior's livos.wA1 ba:cndched and theywill be assisted in matntaiaing apositive independent
'iifstyta. '
y . on,:Director
71gard Sonlor.Center 1
8815 SW 0%wa Street i
Tii.'d,m 97223 ,
regard 14'6'tSt'F
.oay ishes
'Oregon 97223
: Sifirs at u7ivYo loavearrdjishcsanlixe.ana:
ca2/25/2009 15:50 5032748559 NWPP PAGE 02/02
nwpp
TRUTSTPILOTPRC CT� J2VC0
OS Broadway 4 c'ar'te 200 at Pordland,OR 97201 a(303)2274605■FAX 274.8539
February 25,2009
Victor Merced
Director
Oregon Housing and Community Services Department
725 Summer Street NE,Suite E
Salem,OR 97301-1271
Dear Victor:
I write in support of Community partners for Affordable Housing's(CPAH)proposal for the j
Knoll,a senior housing project in Tigard.
t
Northwest Pilot Project(NWPP)serves 1,500 homeless and at risk seniors each year. We are
acutely aware of the huge treed for affordable rental housing for seniors.
Nortfiwest Pitot project has successfully partnered in the past with CPAH to ensure the success of
formerly homeless and at tisk seniors at the CPAH-owned Watershed Apartments in Hillsdale.
We envision entering into a similar partnership at the Knoll to help vulnerable seniors achieve
long-term housing stability.
We know CPAH to be a.nonprofit owner which develops beautiful buildings whose design work
is sensitive to the needs of its fixture residents.
NWPP anticipates referring very low income seniors to the Knoll and providing otVintg social
service support to ensure long term successful tenancies.
We urge you to support CPA.H's funding proposal for this much-needed senior housing.
Sincerely,
I
Susan Emmons,Executive Director
Northwest Pilot Project
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ELDERS ii A C O' N
Quality of life should never depend on age.
. 1
February 23, 2009
Mr.Victor Merced,Director
Oregon Housing and Community Services
725 NE Summer Street, Suite B
Salem, OR 97301-1271
Dear Mr. Merced:
Elders in Action is pleased to support the Community Partners for Affordable
Housing's plans to build the 48 unit The Knoll @ Tigard project. This accessible
and sustainable project for seniors living on a fixed income is critically needed in
the Tigard area.
- 1
This project would provide an excellent affordable housing site that will allow
seniors to age in place and have access to the library, local senior center,transit
and other services. The Knoll @ Tigard is modeled after the successful Watershed
@Hillsdale project and will be a tremendous asset to the growing elder population
1n the greater Tigard area. The recent loss of senior housing i1i local Mobile Home
1
Parks makes this effort even more urgent.
Elders in Action is a non-profit agency whose mission is"To assure a vibrant
community through the active involvement of older adults"We recognize the {
tremendous need for this type of housing. At Elders in Action we know that having
-safe, secure and stable housing is essential for older adults to be able to maintain
-their independence and thrive. We are very familiar with the work of Community
Partners for Affordable Housing in the affordable housing arena and in its ability.to
create a safe and welcoming environment that provides seniors a place they can
truly call home.
Sincerely,
Vicki Hersen
Executive Director
Mission: To assure a vibrant community through the active involvement of older adults.
1411 SW Morrison Street, Suite 290-Portland, OR 97205-1912
Phone: (503)235-5474 Fax:(503) 595-7599 info@eldersinaction.org - www.eldersinactioli.org
12345 SW Main Street 0 Tigard,OR 97223 0
g www.tigardchamber.org A 503.639.1656
Victor Merced February 23, 2009
Director
Oregon Housing&Community Services Dept.
725.Summer Street NE,Suite B
Salem,OR 97301-1271
RE: Community Partners for Affordable Housing(CPAH)
Dear Victor:
As the CEO of the Tigard Area Chamber of Commerce,I know that Community Partners for
Affordable Housing(CPAH)is a long standing pillar in this community. I understand that we
were the first organization they joined after incorporating more than ten years ago.Since that
time,staff and board members of CPAH have been active and engaged members of our chamber,
and our community.Many of our members have found affordable housing options for their
employees or family members at CPAH's properties.
At the Tigard Chamber,we work to provide a positive and profitable business environment.
Affordable housing is a key factor in attracting and retaining a skilled workforce.CPAH provides
over 225 units of housing in the Tigard area,serving many who work in the Washington Square
Regional Center,-throughout Tigard,and beyond.Their projects are well served by transit, and
many of their residents are able to walk to work.
The senior housing project they are proposing at Hall and Hunziker is spectacular project that we
at the Chamber are in full support of. It is located perfectly to be very transit-friendly and within
walking distance are many downtown Tigard amenities: our transit mall,new WES commuter rail
line,post office,library,senior center, and many shops and restaurants.I am confident that this
project will affect many Tigard Chamber members in a positive way. I know that many of them
are already looking forward to providing services for these new residents.
We support the efforts of CPAH to add safe,decent, affordable housing in Tigard,particularly a
new project in our downtown area—which will help spur further development in this already
vibrant town center.
Sincerely,
�I
Christopher Zoucha
Chief Executive Officer
Tigard Area Chamber of Commerce
City of`Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223
rr
February 25, 2009 r
Victor Merced,Director
Oregon Housing and Community Services Department
725 Summer Street NE, Suite B
Salem, OR 97301-1271
RE: CPAH-Knoll
i
Dear Mr. Merced,
This is to recap recent actions taken by the City of Tigard to financially support the
development of the CPAH-sponsored Knoll Senior Housing project. j
fi
As one component of its adopted Affordable Housing Program, the City of Tigard offers fee j
assistance for low-income housing development and rehabilitation. Organizations interested 1
in applying for available Housing Fee Subsidy funds can obtain up to $10,000 per year.
The assistance program is designed to offset City fees and charges imposed on affordable
housing acquisition, development, and rehabilitation within the Tigard community. The t`
ro am is en to public agencies, nonprofit organizations, and for entities providing }
P � P g P
affordable housing opportunities. 008, CPAH applied for and received the
maximum amount availab ,�4100. C
Council reviews and approves each separate award. This review includes an in-person
z
presentation to Council by a representative of the organization making the request. i
i
Significantly, Council unanimously supported the award of the funds to CPAH. F
One of the Fee Subsidy Program guidelines is that any funds not allocated during a funding
year will be donated to the Community Housing Fund of Washington County. A condition
is that any such dollars will be reserved for projects located inside Tigard. In 2008, CPAH
requested and receiv 20,00 Tigard-contributed dollars from the Housing Fund to help
finance the Knoll proJec . he City of Tigard strongly supported the award of these funds j
to the Tigard-based CPAH.
As another form of fmancial support, before the intake deadline of August 2009, the City
intends to apply for Community Development Block Grant dollars to improve the roads and j
sidewalks bordering the CPAH project on three sides. We anticipate this grant request will C
be in the $250,000 range. Additionally, the City will continue to look for and pursue other
grant opportunities to help fund needed public improvements serving the Knoll project. i
Phone: 503.639.4171 Fax: 503.684.7297 . ® www.tigard-or.gov TTY Relay: 503.684.2772
CPAH's application for a zone change to accommodate the proposed development was
unanimously approved by City Council on February 24,2009. Council further expressed
their interest in working together to make this a catalyst project for the community.
This summarizes the current and anticipated level of financial support provided by the City
of Tigard for the Knoll project. Please contact me should you have any questions.
Sincerely,
Ron Bunch
i
Community Development Director
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CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL '
RESOLU'T'ION NO. O9-&6
A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING AN APPLICATION FOR
FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS
ALONG PORTIONS OF SW HALL AND KNOLL STREETS
WHEREAS, Community Partners for Affordable Housing has received land use approval to construct a 48-
unit senior housing project on a one acre site in Tigard;and
WHEREAS, all units will be affordable for individuals and households earning less than 50% of area median
income;and
WHEREAS, the installation of sidewalks and associated improvements is a condition of the project's land use
approval;and
WHEREAS, these improvements are identified in an application for federal Community Block Grant fiends;
and
WHEREAS, these improvements meet the national and county Community Development Block Grant
objective of serving persons having low and moderate incomes;and
WHEREAS,Washington County will receive an estimated two million for fiscal year 2009/10, for which nine
cities,the county,and various non-profit agencies will compete for the funding of eligible projects.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City of Tigard hereby expresses its support for making improvements to SW Hall and
Knoll Streets and authorizes submission of an application for federal assistance.
SECTION 2: This resolution is effective immediately upon passage.
` i
PASSED: This(DD Y� day a J"O 2009.
J
Mayor- City of Tigard
ATTEST:
City Recorder-City of Tigard
IALRPLN\Councd Materials\2009\9-22-09 CDBG Knoll Resolution Attachment 1.doc
AOL
WASHINGTON COUNTY
OREGON
August 10, 2009
C 1
AUG I 9
Mayor Craig Dirksen Cit � � x
City of Tigard Akdmlir1i t,4�:'.':P
13125 SW Hall Blvd.
Tigard, OR 97223
Subject: Notice to Proceed
CDBG Project: #1123, City of Tigard, Garrett Street Sidewalks
Dear Mayor Dirksen:
Enclosed is the City of Tigard's copy of the executed agreement between the
County and the City for the above project. An environmental clearance has been
completed for the project and is on file in this office. Accordingly, you may proceed to
incur costs under this grant, effective August 10, 2009. Please be advised that the
CDBG program will not be liable for any cost incurred prior to this date.
The CDBG Voucher Request form is available in electronic format. You can
access the form at
http://www.co.washington.or.us/CommunityDeveloprnent/BlockGrant/forms.cfm. Then,
click on Forms. Be sure to contact Jeff Pogolowitz at 503-846-4436 if you have any
questions regarding this project.
Sincerely,
Peg A. Linden, Program Manager
Offic. of Community Development
Enclosure
cc: Craig Prosser
Duane Roberts
S\Con-09\1123 NO2P Office of Community Development
328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967
phone: (503) 846-8814 • fax: (503) 846-2882
bcc
AGREEMENT
between
WASHINGTON COUNTY
and
CITY OF TI PARD
#Ia-y
This Agreement, entered into this of - = between Washington
County, a municipality of the State of Orego here' after referred to as the "County"),
and the City of Tigard, (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), 42 USC 301 et seq as
amended, and the National Affordable Housing Act of 1990, and will receive Block
Grant funds for the purpose of carrying out eligible community development and
housing activities under the Acts 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;
F. The parties are authorized and empowered to enter into this Agreement by ORS
190.010 et seg., by the Constitution of the State of Oregon; and
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.
Ccfnr 4.2006
Page 1 of 27
CITY WASHINGTON COUNTY
gn ture fi A�vn, Chairman, Board of County
Commissioners
,f
4
Signature -- Recording Secre ry
'/ L /4 q -oj
Dat Date
BOARD or COmmiSSIONEU
i,g,qT-i TE ORDER 0 ....D>=4.:1,a16a�......b.��ae+s
APPROVED AS TO FORM
-PATE .........>...:u....a...•-e..mwaaaasga+s�
Attorney for the Washington County Office of Community
Development
Ccfnr_4.2006
Page 2 of 27
INDEX TO CONTRACT AGREEMENT
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. Interest in Property
8. Funding Alternatives and Future Support
9. Amendments
10. Assignment and Subcontracting
11. Hold Harmless and Indemnification
12. Conflict of Interest
13. Default and Suspension
14. Enforcement
15. Appeal
16. Termination
17. Prohibition on the Use of Debarred Contractors
18. Attorney Fees and Costs
19. Extensions
Ccfnr 4.2006
Page 3 of 27
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
7. Architectural Barriers
8. Nonparticipation in Political Activities
9. Nonsubstitution for Local Funding
10. Public Information
11. Applicability of Laws Under This Agreement
12. Certification Regarding Lobbying
13. Certification Regarding Use of Excessive Force
Part Ill. EVALUATION AND RECORD KEEPING
1. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
PART IV. SPECIAL CONDITIONS
Ccfnr 4.2006
Page 4 of 27
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
Ccfnr 4.2006
Page 5 of 27
PART I. GENERAL CONDITIONS
1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS
OF THIS AGREEMENT
A. This Agreement shall consist of the signature page, the general and special
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, Special Conditions. Except as so expressly
excluded, all terms and conditions contained herein have full application, force
and effect.
2. SCOPE OF SERVICES
A. The City shall perform and carry out in a satisfactory and proper manner the
services set forth in Exhibit A attached hereto which specifies work to be
performed. 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.
B. Any conflict or dispute that may arise with regard to any aspect of CDBG
activities for the project shall be resolved by the County's interpretation of the
specifications contained in the original project proposal, the current Program
Policies, and the County's Office of Community Development CDBG
Procedures Manual. Any such determination made by the County shall be
final.
3. COMMENCEMENT AND TERMINATION OF PROJECTS
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58.70,
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 obligated and expended within the project year
unless the County and the City agree to an amendment extending project
activities beyond the Project Year. For the purposes of this Agreement,
Ccfnr_4.2006
Page 6 of 27
"Project Year" shall mean the period from August 4, 2009 through August 3,
2010.
C. Any property acquired or improved in whole or in part with CDBG funds shall
be used to meet one of the national objectives set forth in 24 CFR 570.208 for
a period of twenty (20) years or until August 3, 2030 unless otherwise
modified in writing by the parties to this contract.
4. 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 name of the liaison person
shall be specified in writing and submitted to 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 these
representatives shall be specified in Exhibit B.
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 revision shall 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. The difference between the approved budget amount on a budget line item
and a lower or higher bid or quote, in any line item, shall be reported to the
County. Excess funds generated by a lower bid or quote shall be considered
surplus. The City may submit a budget revision requesting the use of any
such surplus, which shall be approved or denied at the discretion of the OCD.
Ccfnr 4.2006
Page 7 of 27
C. Matching funds identified in Exhibit C shall mean all funds from non-CDBG
sources, including in-kind contributions of staff and materials, other grant
sources, charitable contributions, volunteer labor, donated materials and
services, and similar items of value to the project. Matching 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.
Increases in matching funds shall be reported to County and the Operating
Budget shall be revised accordingly by the OCD.
D. No later than 90 days from the date the County approves the proposed list of
activities, which includes this project, the City shall submit to the County's
Office of Community Development written evidence that substantiates the
matching funds pledged by the City are available. The availability of pledged
funds means all approvals, guarantees, or third party commitments from
subrecipients or cosponsors, have been received and will enable the City to
officially obligate those matching funds. 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 Part I Section 14 of this
agreement.
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 Exhibit A. 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 within two (2) weeks or as soon as
practicable after said invoice is received and approved by the Washington County
Office of Community Development.
7. INTEREST IN PROPERTY
A. Real Property - In accordance with HUD Regulation 24 CFR, 570.503(b)(8),
upon expiration or termination of this agreement the City shall transfer to the
County any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds. Real property under the City's
control that was acquired or improved in whole or in part in excess of$25,000 will
be used to (1) meet its original national objective for the time period specified in
Part I Section 3.0 of this agreement; or(2) disposed of in a manner that results in
reimbursement to the County in the amount equal to the current fair market value
less any portions attributable to expenditure of non-CDBG funds for acquisition of,
or improvement to, the property.
Ccfnr_4.2006
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B. Personal Property- Any personal property on hand at the time of the
expiration of the project year of this Agreement shall be disposed of in accordance
with 24 CFR 85.32.
C. Program Income
(1) The City shall record the receipt and expenditure of program income as
defined in 24 CFR 570.500(a) of the financial transactions of the project(s)
funded under this Agreement. Program income shall be reported with
each voucher request and substantially disbursed for the benefit of the
project(s) funded by this Agreement in accordance with the principles of 24
CFR 570.504 (b)(2)(i) and (ii). Program 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.
(2) The City may retain program income provided it is used in accordance with
regulations in 24 CFR 570.504, and pursuant to adopted local CDBG
program policies. The County shall determine whether income is being
used to continue or benefit a project or projects authorized by this
Agreement.
(3) Program income on hand when the Agreement expires and received after
the Agreement's expiration must be used by the subrecipient to meet its
original national objective for the time period specified in Part I Section 3.C.
of this Agreement. The County may transfer the program income to the
City, upon its termination of urban county participation provided the City
has become an entitlement grantee and agrees to use the program income
in its own CDBG entitlement program.
D. Appraisals, Promissory Note and Trust Deed
(1) For any real property acquired, constructed or rehabilitated with CDBG
funds, the City shall provide the County with an appraisal of the property.
The appraisal shall be conducted by a certified appraiser whose services
shall be paid for by the City. The purpose of such an appraisal is to: (a)
conform to any federal real property acquisition requirements, and/or(b) to
establish a baseline figure for the purpose of entering into a promissory
note and trust deed as specified below. The appraisal shall be conducted
within 45 days of notification to do so by the County.
(2) City shall execute a Promissory Note and Trust Deed for any facility
constructed, acquired or rehabilitated with Community Development Block
Grant funds. The Promissory Note and Trust deed shall be executed at
such time as required by the County.
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(3) City agrees to comply with all agreements, covenants and restrictions
contained in the Promissory Note and Trust Deed, and all applicable
federal, state and local regulations during the terms of the Promissory Note
and Trust Deed.
(4) City agrees to pay all escrow fees including all costs associated with the
recording of Trust Deed or other legal instruments necessary for the County
to protect its interest in the project.
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT
A. 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.
B. 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. AMENDMENTS
This Agreement shall be modified by the parties only upon written amendment.
10. ASSIGNMENT AND SUBCONTRACTING
A. The City shall not enter into any contracts assigning any interest under this
Agreement without the written approval of the County. Such consent shall
be requested 15 days prior to the date of any proposed assignment.
B. The County shall assume no liability for acts and omissions of contractors
or subcontractors employed or hired by the City.
11. HOLD HARMLESS AND INDEMNIFICATION
The City agrees to defend, save, hold harmless and indemnify the County, its
commissioners, employees and agents for any and all claims, damages, losses
and expenses, including but not limited to reasonable attorney's fees, arising out
of or resulting from City's own negligence, performance of or failure to perform
the obligations of this Agreement and any agreement resulting from this
Agreement.
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12. 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 County and 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.
13. DEFAULT AND SUSPENSION
A. Each of the following events shall constitute a default on the part of the
City:
(1) Material noncompliance with the terms of this Agreement, the
Award, any and all applicable state or federal laws and regulations;
(2) Mismanagement or improper use of Award funds;
(3) Failure.to obligate required funds or to provide work or services
expressed by this Agreement;
(4) Failure to submit reports, supplying incomplete or inaccurate reports
required by Part III herein.
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B. Each of the following events shall constitute a default on the part of the
County:
(1) Material noncompliance with the terms of this Agreement, the
Award, any and all applicable state and federal laws and regulations;
(2) Failure to provide funding for services rendered as required by this
Agreement and law.
14. ENFORCEMENT
A. In the event the City is found in default under the terms of this Agreement
the County may:
(1) Withhold any or all of any pending or future payments until the
default is cured;
(2) Suspend all or part of this Agreement or Award herein;
(3) Prohibit the City from incurring additional obligations of funds until
the County notifies the City in writing that the default is cured;
(4) Disallow or deny both the use of funds and matching credit of the
activity or action not in compliance;
(5) Take any and all other legal or equitable remedies available.
B. Any costs attributed to the program which were lawfully incurred prior to
any suspension or termination will be considered properly incurred. Any
costs attributed to the program during or after any suspension or
termination are specifically not allowed without express written consent by
the County.
15. APPEAL
In the event the County takes an action to enforce the terms of this Agreement,
the Award or to enforce compliance with applicable state and federal law, the City
may appeal such action in the manner provided in this section as follows:
(1) The County shall provide the City with written notice of the default and the
right to cure, if any;
(2) The City may pursue an informal appeal by contacting the Manager of the
Office of Community Development.
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(3) The City may appeal the informal decision of the Manager by submitting a
written objection of the enforcement action directly to the Community
Development Policy Advisory Board (PAB).
(a) The PAB may consider oral argument, written testimony and any
other such evidence it considers relevant to a determination.
(b) The PAB shall consider all information and reach a determination
based upon the record submitted and prepare a written finding.
(c) The City shall have the opportunity to provide oral testimony if a
hearing is conducted. If a formal hearing is not held the City shall
have the opportunity to submit written objections, arguments and
other material relevant to its position.
(d) The findings of the PAB are final and no further appeal is allowed.
16. TERMINATION
A. This Agreement shall terminate upon any of the following events:
(1) Termination following default as defined previously;
(2) The failure by the County to provide funding for services rendered as
required by this Agreement;
(3) The unavailability of Block Grant funds from either the federal
government or through the County.
B. This Agreement will terminate upon thirty days written notice by the County in
the event funding is no longer available.
C. Upon termination of this Agreement, any unexpended balance of Agreement
funds shall remain with the County. The regulations relating to
reimbursement of Block Grant funds shall be applicable to the City for
expended funds in accordance with HUD Regulation 24 CFR, 570.503(b)(8)
and Part I, Section 7 herein.
D. The City shall reimburse the County for any and all funds expended in
violation of the terms of this Agreement, state or federal law.
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17. PROHIBITION ON THE USE OF DEBARRED CONTRACTORS
CDBG funds shall not be used directly or indirectly to 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 24. The City shall not make any award at any tier to any
party which is debarred, suspended or excluded from participation in federal assistance
programs under Executive Order 12549, "Debarment and Suspension."
18. ATTORNEY FEES AND COSTS
This Agreement shall be governed by the laws of the State of Oregon and federal law.
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 costs and disbursements as awarded
by the Court.
19. EXTENSIONS
If in the determination of the Office of Community Development (OCD) a time extension
is necessary or appropriate, an extension of the term of this Agreement for an
additional 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 OCD Program Manager in case of extenuating
circumstances.
20. The terms, conditions, representations, obligations and warranties set forth in this
Agreement shall survive the termination or expiration of this Agreement.
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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 24 CFR Part 85.36 relating to bonding, insurance and
procurement standards; and with Executive Order 11246 and the regulations
issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination
bid conditions for projects over $25,000.
B. The City agrees to submit copies of all contracts, agreements, plans,
specifications and change orders related to the project to the County's Office
of Community Development in a timely manner. 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.
C. The City shall make available to each contractor bidding on any activity
under this Agreement a listing of minority business enterprises (MBEs).
2. ENVIRONMENTAL REVIEW
A. The County retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act as
implemented by HUD Environmental Review Procedures (24 CFR Part 58).
The County shall require the City to furnish data, information and assistance
for the County's review and assessment in fulfillment of the County's
responsibilities under 24 CFR, Part 58.
B. The City shall not proceed with the acquisition of real property or any
construction activities under this Agreement until satisfaction of all applicable
requirements of the National Environmental Policy Act.
C. Other Environmental Compliance Requirements:
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(1) Historic Preservation. The City shall meet the historic preservation
requirements of the National Historic Preservation 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 National Register of Historic Places will be subject
to requirements set forth in HUD Environmental Review
Procedures at 24 CFR Part 58.
(2) 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 identified as having special flood
hazards and is not participating in the National Flood Insurance
Program, as provided by Section 3(a) and 202 (a) of the Flood
Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the
regulations thereunder(44 CFR Chapter 1, Subchapter B, and 24
CFR, Section 570.605.
(3) Air and Water Pollution. The City shall comply with the provisions of
the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.)
and the regulations issued thereunder (40 CFR Part 15) and the
Water Pollution Act, 33 U.S.C. 1251 et. seq.
(4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City
shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part
35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act,
as amended, (42 USC Section 4851 et seq.) requiring prohibition of
the use of lead-based paint whenever funds under this Agreement are
used directly or indirectly for acquisition, construction, rehabilitation, or
modernization; 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
1978.
(5) Endangered Species Act. The City shall comply with the provisions of
the Endangered Species Act of 1973, as amended (16 USC Section
1531 et seq.), particularly Section 7 of the regulations thereunder(50
CFR Part 402).
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3. NONDISCRIMINATION
A. General. The City shall comply with all federal, state and local laws prohibiting
discrimination on the basis of age, sex, familial status, race, creed, color, national
origin, or disability. These requirements are specified in Section 109 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
seq.); Executive Order 11063, as amended by Executive Order 12259; 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 1701 u);
and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans With
Disabilities Act (ADA) (42 USC 12101); 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 and 24
CFR Part 6 and shall take such affirmative and corrective actions as required by the
regulations at 24 CFR Part 6. These requirements are summarized in the following
paragraphs:
(1) 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,
disability, age, and familial status. (Civil Rights Act of 1964, Title VI; Civil
Rights Act of 1968, Title VIII; Section 109, Housing and Community
Development Act of 1974; Age Discrimination Act 1975; Americans With
Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of
1973.)
(2) Fair Housing. The City shall take necessary and appropriate actions to
prevent discrimination in federally assisted housing and lending practices
related to loans insured or guaranteed by the Federal Government. (Civil
Rights Act of 1968, Title VIII, as amended; Executive Order 11063, as
amended by Executive Order 12259.)
(3) Employment.
(a) 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 advertisements shall constitute
compliance with this Section.
(b) The City shall not discriminate against any employee or applicant for
employment in connection with the Agreement because of age, sex,
familial status, disability, 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
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in compensation, suspend, demote, or discriminate in work activities,
terms or conditions because an individual has a physical or mental
disability in any employment in connection with this Agreement unless
it can be shown that the particular disability 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; Americans With Disabilities Act (ADA) (42
USC 12101); and the Age Discrimination Act of 1975.)
(c) 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.
(4) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall
conduct a self-evaluation and take corrective action to ensure reasonable
accommodation in programs and services to persons with disabilities. The
City shall provide County with a completed self- evaluation checklist, in the
form set forth in County's CDBG Procedures Manual.
(5) Contractors and Suppliers
(a) 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, familial 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
disability in any employment in connection with this Agreement unless
it can be shown that the particular disability prevents the performance
of the work involved. Such practices include upgrading, demotion,
recruiting, transfer, layoff, termination, pay rate, 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.)
(b) 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
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Block Grant funded activities or owned in substantial part by project
area residents. (Section 3, Housing and Community Development Act
of 1968, as amended.)
B. In the event of noncompliance by the City with any nondiscrimination provisions of
this Agreement, the County shall have the right in whole or in part to cancel this
Agreement in accordance with Part I, Section 14.
4. PROPERTY MANAGEMENT
The City, as a subgrantee, agrees that any property, equipment, or supplies purchased
wholly or in part with program funds shall be managed under the same guidelines
applicable to the County, pursuant to 24 CFR Part 85.
5. LABOR STANDARDS
A. The City shall require that project construction and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as
amended (40 USC sections 276(a)-276(a)(5), and that they comply with the
Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276(c) and the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed
at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to
rehabilitation of residential property designed for residential use by less than eight
units, or to rehabilitation of rental property consisting of less than twelve units.
B. A copy of the current Davis-Bacon wages must be included in all construction bid
specifications and/or contracts over$2,000.
C. If the Project constitutes a public work as defined in ORS 279C.840, unless the
Project is otherwise exempt, City shall require and ensure that all of its agreements
with and between contractors and subcontractors contain provisions:
(a) requiring compliance with ORS 279C.840;
(b) stating the existing state prevailing wage rate and, if applicable, the
federal prevailing rate of wage required under the Davis bacon Act (40 U.S.C.
276a) that may be paid to workers in each trade or occupation required for public
works employed in the performance of the contract either by the contractor or
subcontractor or other person doing or contracting to do the whole or any part of
the work contemplated by the contract;
(c) requiring that workers not be paid less than the specified minimum hourly
rate of wage in accordance with ORS 279C.838;
(d) stating that a fee is required to be paid to the Commissioner of the Bureau
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of Labor and Industries as provided under ORS 279C.825 pursuant to the
administrative rule of the commissioner; and
(e) requiring the contractor and every subcontractor to have a public works
bond filed with the Construction Contractors Board before starting work on the
project unless exempt under ORS 279C.836(7) or(8).
6. ACQUISITION AND RELOCATION
A. Any acquisition of real property by a unit of government for any activity assisted
under this Agreement shall comply with the Federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 amended as Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter
referred to as the Uniform Relocation Act) (42 USC 4601 et seq.) and the
Regulations at 24 CFR Part 42 as amended effective April 2, 1987.
B. Any displacement of persons, business, nonprofit organizations or farms as a result
of acquisition of real property assisted under this 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 at 24 CFR Section 570.606 and
the Washington County CDBG Program Policies.
7. ARCHITECTURAL BARRIERS
Any facility constructed or altered pursuant to this Agreement shall comply with design
requirements of the Uniform Federal Accessibility Standards (UFAS).
8. NONPARTICIPATION IN POLITICAL ACTIVITIES
The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
9. 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.
10. PUBLIC INFORMATION
All written materials (reports, brochures, promotional or informational items), news
releases, and other public notices produced by or for the City shall acknowledge the
source of funding as being derived from the Department of Housing and Urban
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Development and provided through the Washington County Community Development
Block Grant Program.
11. APPLICABILITY OF LAWS UNDER THIS AGREEMENT
To the extent applicable to the City's acceptance and use of funds under this Agreement,
the City shall comply with the policies, guidelines and Uniform Administrative
Requirements of OMB Circulars A-87, A-133, and 24 CFR, Part 85 (implemented at 24
CFR, Part 570.502).
12. CERTIFICATION REGARDING LOBBYING
The City certifies, by affixing its authorized signature(s) to this agreement that, to the best
of the City's knowledge and belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the City, 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
entering into this cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of this cooperative agreement.
B. If any funds other than Federally 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 cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(Available through the Office of Community Development.)
C. The City 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.
13. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE
The City in accordance with Section 519 of Public Law 101-144, 1990 HUD
Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that
the City will not use excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations.
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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
Agreement shall be subject at all times to inspection, review or audit by the
County, federal or state officials so authorized by law during the performance of
this Agreement and during the period of records retention specified in this Part III
at paragraph 4.
B. The City shall be responsible for meeting the audit requirements established
in the U.S. Office of Management and Budget Circular A-133. Upon request of
the County's Office of Community Development, the City shall be required to
provide audit information relative to any project or activity funded under the terms
of this Agreement.
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, the City shall compile and maintain records as
indicated:
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 24 CFR Part 85.20. 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.
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C. Relocation - City recordkeeping must comply with the Uniform Act
implementing regulations at 24 CFR Part 42. 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 must be
kept.
D. Real Property Acquisition
1. If the City acquires real property by exercising its power of eminent domain,
City acquisition files must contain the following records:
(a) Identification of property and property owners.
(b) Official Determination to Acquire - A citation of the action that constitutes
the official determination to acquire, the date of the action, and the
applicable CDBG project number.
(c) Notice of Intent to Acquire the Property- A copy of the notice (including
owner's rights), citation of the date of transmittal to owner, and evidence of
receipt by the owner. If tenants are involved, then a general notice must
also be issued to all affected tenants.
(d) Preliminary Acquisition Notice - A citation of the date of transmittal to the
owner and evidence of receipt by owner.
(e) Invitation to Accompany Appraiser- Evidence that owner was invited to
accompany each appraiser on his inspection of the property.
(f) Appraisal Reports - A copy of each appraisal report, including reviewer's
report, on which determination of just compensation was based.
(g) Determination of Just Compensation - A copy of the resolution, certification,
motion or other document constituting the determination of just
compensation.
(h) 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 and
triggers the relocation requirement of making a "Notice of Displacement".
(i) 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.
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(j) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title
Report, Title exceptions - A copy of each such document and any similar or
related document utilized in conveyance.
(k) Settlement Cost Reporting Statement - A signed copy of the statement.
(1) Purchase of Price Receipt - Evidence of owner receipt of purchase price
payment.
(m) Copy of any appeal or complaint and City response.
2. If the City opts not to exercise its power of eminent domain and acquires real
property through voluntary acquisition, City acquisition files must contain the
following records:
(a) Identification of property and property owners.
(b) Letter sent to Seller(prior to City making an offer on the property)
which states:
1. Federal CDBG funds may be used on this project.
2. The Buyer has the power of eminent domain but will not use its
power of eminent domain to purchase the property.
3. Seller is not eligible for benefits under the URA under this type of
voluntary acquisition.
4. The current appraised value of the property, or other indication of
fair market value approved in advance by the County.
The seller must sign, date, and return the letter, thus documenting
receipt.
(c) Appraisal Reports - A copy of each appraisal report, including
reviewer's report, on which determination of just compensation was
based.
(d) Purchase Agreement, copy of recorded Deed, Declaration of Taking,
Title Report, Title exceptions - A copy of each such document and
any similar or related document utilized in conveyance.
(e) Purchase of Price Receipt - Evidence of owner receipt of purchase
price payment.
(f) Either:
1. Documentation that no tenants were affected by the sale; or
2. Copy of General Information Notices sent to tenants and
evidence of delivery of said notices.
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(g) Evidence that the property is not part of a designated project area
where substantially all the properties in the area will be purchased within a
specified timeframe. The documentation must also show that the City does
not require a specific site for the program or activity; instead, the
documentation must show that the City is willing to consider alternative
sites.
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 benefitted
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. Miscellaneous Records - The City shall maintain such other records as may be
required by the County and/or HUD.
4. RETENTION OF RECORDS
As required in 24 CFR 85.42, required records shall be retained for a period of four (4)
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 four (4) years or
until such audit findings have been resolved, whichever is later.
B. Records for Real Property and Equipment shall be retained for four(4) years after
its final disposition. The retention period starts from the date of disposition,
replacement, or transfer at the direction of the County. Equipment is defined in 24
CFR Part 85.32 and real property is defined in 24 CFR Part 570.505.
C. Records for any displaced person shall be retained for four(4) years after such
person has received final payment.
Ccfnr 4.2006
Page 25 of 27
PART IV. SPECIAL CONDITIONS
1. The City shall execute this agreement no later than 30 days following the date of
the County's letter of transmittal.
2. At least five (5) days prior to soliciting bids the City shall make available to the
County's Office of Community Development, a draft copy of the Bid Specifications
(including drawings, if applicable). At a minimum, the draft specifications shall
include : the date of bid solicitation; date of bid opening or final date of phone
solicitations, as applicable; proposed work activities; and anticipated award date.
In addition, the City will provide a written construction cost estimate and a
projected start of construction.
3. Within ten (10) days after the Pre-construction Conference, the City shall make
available to the Office of Community Development a copy of the following
documents: Final Bid Specifications (including drawings, if applicable); all signed
contract documents between the City and the Contractor; the City's Notice to
Proceed; all required bonds obtained by the contractor; and a graph illustrating the
work activities and projected schedule for each of the activities.
4. On, or about, the first working day of each month, the City shall submit to the
Office of Community Development a written Monthly Progress Report on the
construction/rehabilitation activities. The report shall indicate the Progress Report
#; Date of Report; CDBG Project Name & #; Contact Person; Phone #; and
Reporting Period. In addition the report shall contain a narrative description of
activities accomplished during the past month; activities anticipated to be
accomplished in the next month; percentage of construction/rehabilitation
activities completed to date; and estimated date —end of construction. Finally, the
City shall provide the Office of Community Development with a one (1) month
"Rolling Schedule" of work activities.
5. In accordance with Part I, Paragraph 1.B., the following covenants are deemed not
applicable and are expressly deleted:
Ccfnr 4.2006
Page 26 of 27
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
Ccfnr 4.2006
Page 27 of 27
PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
2009-2010 CDBG Program Year
I. Project Number and Title:
CDBG Project#1123, Tigard, Garrett Street Sidewalks
II. Description of: Project, Activities, Anticipated Accomplishments, Low and
Moderate or Other Target Group Beneficiaries.
A. Nature and Purpose of the Project:
Construction of sidewalks and associated storm drainage facilities on one
side of Garrett Street to current city standards. This section of the street
contains many "gaps" along the street creating hazards for both
pedestrians and drivers.
B. Proposed Location or Impact Area(s):
Along the west-side of Garrett Street between Highway 99W and SW Ash
Avenue, Tigard, OR
C. Duration/Timing of the Project:
August 4, 2009 —August 3, 2010
D. Number of Low and Moderate Income or Target Group Beneficiaries:
193 Low to Moderate-income persons will be served.
E. Component Activities (CDBG vs. Others):
CDBG = $141,790 City = $24,770
F. Quantitative Projections for CDBG Component Activities (in units, linear
feet, square feet, etc.) for all acquisitions, construction, reconstruction,
rehabilitation, etc.:
Construct 795 lineal feet of new in-fill sidewalks and associated storm
drainage facilities along the west-side of Garrett Street.
EXHIBIT A
S/con08/0102 KC scope
Project No. //2 _
Project Year Funded O
AUTHORIZATION SIGNATURE CARD
Project Name rr ��r�-may�/ ✓ 4-��
Applicant's Name 4. i C/
Address /` / of ��-✓ `� 1U�-
City, State, Zip 4 r 7
Telephone Number
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
Any TWO signatures required to sign any financial document
NAME SIGNATURE
VAIJ N(6 tJCru-(C-7k)
1V _
VS
I certify that the signatures above are of the individuals authorized to execute financial
documents.
to Signat of Authorized Official
Title of 4thorized ficial
EXHIBIT B
Project No. 1123
Project Year(funded) 09/10
BUDGET SUMMARY
Community Development Block Grant
Project Title Garrett Street Sidewalks
Legal Name of Entity City of Tigard
Address 13125 SW Hall Boulevard City Tigard State Oregon Zip 97223
I. BUDGET LINE ITEMS:
A. PERSONNEL SERVICES:
1 Pro'ect Planner $3,200 0
5. Subtotal $3,200 $0
6. Extra Help/Overtime
7. Fringe Benefits
8. TOTAL PERSONNEL COSTS $3,200 $0
B. MATERIALS &SERVICES:
9. Office Supplies $200 $0
10. Operating Supplies
11. Communications
12. Travel and Training
13. Legal & Public Notices 100 0
14. Professional Services $21,270 0
15. Construction Contracts $141,790 $141,790
16. Other: Specify
17. TOTAL MATERIALS & SERVICES $163,360 $141,790
S\cdforms\bgtsum .doc
EXHIBIT C
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18. Capital Outlay:
Quantity Item
19. Real Property Acquisition: $0 $0
20. TOTAL CAPITAL OUTLAY $0 $0
��, �K;
w M "
$166,560 $141,790
11. SOURCES OF PROJECT FUNDING
1 . Federal
2. State
3. Local Cash
4. Count
5. In-Kind Service & Supply 24 770
6. Other (detail)
7. Subtotal $ $24,770
8. Community Development Block Grant $141,790
9. TOTAL PROJECT COST $166,560
111. AUTHORIZATION
- 4 (a lc -
IA,4� -�-- - 11
Date Au oriz Signa re for Proj t
utho ' ed Signature for Project
-------------------------------------------------•--------------------------------------------------------------
COUNTY USE ONLY
Reviewed and approved by Washington County Office of Comm . Development on '
20— By
� Signayure���J