Community Partners for Afforadable Housing ~ CITY OF TIGARD,OREGON
AMENDMENT TO SUBRECIPIENT MEMORANDUM OF UNDERSTANDING AGREEMENT
FOR PUBLIC IMPROVEMENT PROJECTS
FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FUNDS
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called Sponsor, and Community Partners for Affordable Housing, or CPAH, a domestic non-profit
corporation, hereinafter called "Subrecipient", collectively referred to as the "Parties", entered into on the 25`''
day of May, 2010,is hereby amended as follows:
2. PAYMENT LIMIT
City's total payments under this Agreement shall not exceed Four Httfidi-med Twenty Five Thousand
Four Hundred Fifty Nine Thousand Seven Hundred Sixty
Nine and No/100 Dollars ($459,769.00).
All other terms and condition of the original contract remain in full force and effect an work in accordance
with this amendment.
IN WITNESS WHEREOF, Sponsor has caused this Amendment to be executed by its duly authorized
undersigned officer and Western has executed this Amendment upon signature and date listed below.
CITY OF COMMUNITY PARTNERS FOR AFFORDABLE
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CITY OF TIGARD,OREGON
SUBRECIPIENT AGREEMENT
FOR PUBLIC IMPROVEMENT PROJECTS
FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FUNDS
THIS AGREEMENT made and entered into this 8th day of June, 2010 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City", and Community Partners for
Affordable Housing, or CPAH, a domestic non-profit corporation, hereinafter called "Subrecipient",
collectively referred to as the"Parties".
The Parties to this Agreement agree as follows:
1. TERM OF AGREEMENT
The effective date of this Agreement is June 08, 2010, and it terminates June 30, 2011 unless sooner
terminated as provided in this agreement.
2. PAYMENT LIMIT
City's total payments under this Agreement shall not exceed Four Hundred Twenty Five Thousand
and No/100 Dollars ($425,000.00).
3. SUBRECIPIENT'S OBLIGATIONS
Subrecipient shall provide those services and carry out that work described in the Scope of Work
attached as Exhibits A and A-1.
4. CITY'S OBLIGATIONS
City shall make to the Subrecipient those payments described in the Payment Provisions and Budget
attached as Exhibit B.
5. GENERAL CONDITIONS AND SPECIAL CONDITIONS
This Agreement is subject to the Special _Conditions attached as Exhibit C and the General
Conditions attached as Exhibit D.
6. OTHER ATTACHMENTS
This Agreement includes the Invoice for' Services, attached as Exhibit E, and the CDBG
Client/Household Information Form, attached as. Exhibit F.
7. FEDERAL, STATE AND LOCAL PROGRAM-REQUIREMENTS FOR USE OF CDBG
FUNDS
A. PROCUREMENT STANDARDS
1) In awarding contracts pursuant to the Grant Agreement allowing the use of CDBG
funds, 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, contractors 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.
2) 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.
3) The City shall make available to each contractor bidding on any activity under this
Agreement a listing of minority business enterprises (MBEs).
B. ENVIRONMENTAL REVIEW
1) 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.
2) 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.
3) Other Environmental Compliance Requirements:
(a) 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.
(b) 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.
(c) 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.
(d) 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
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The Knoll Project—Hall/Hunziker Page 2
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.
(e) 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).
C. NONDISCRIMINATION
1) 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:
(a) 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.)
(b) 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.
(c) Employment.
(i) In all solicitations under this Agreement the City shall state that all
qualified applicants will be considered for employment. The words,
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The Knoll Project—Hall/Hunziker Page 3
"Equal Opportunity Employer" in all advertisements shall constitute
compliance with this Section.
(ii) 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
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.)
(iii) 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.
(d) 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.
(e) Contractors and Suppliers
(i) 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).
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The Knoll Project—Hall/Hunziker Page 4
(ii) To the greatest extent feasible, the City shall purchase supplies and
services for activities under this Agreement from vendors and
contractors whose businesses are located in the area served by the
Block Grant funded activities or owned in substantial part by project
area residents. (Section 3, Housing and Community Development
Act of 1968, as amended.)
2) 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.
D. 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.
E. LABOR STANDARDS
1) 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. A copy of
the current Davis-Bacon wages must be included in all construction bid
specifications and/or contracts over$2,000.
2) If the Project constitutes a public work as defined in ORS 279C.800, 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 of
Labor and Industries as provided under ORS 279C.825 pursuant to the
administrative rule of the commissioner; and
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The Knoll Project—Hall/Hunziker Page 5
(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).
F. ACQUISITION AND RELOCATION
1) 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.
2) Any displacement of persons, business, nonprofit organizations or farms as a result
of acquisition of real property assisted under this Agreement shall cgmply 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.
G. ARCHITECTURAL BARRIERS
Any facility constructed or altered pursuant to this Agreement shall comply with design
requirements of the Uniform Federal Accessibility Standards (UFAS).
H. NONPARTICIPATION IN POLITICAL ACTIVITIES
The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
I. 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.
J. 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.
K. 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).
L. 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:
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The Knoll Project—Hall/Hunziker Page 6
1) 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.
2) 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.)
3) 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.
M. 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.
8. EVALUATION AND RECORD KEEPING
A. 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.
B. AUDITS AND INSPECTIONS
1) 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.
2) 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.
C. RECORDS
In the event the City sponsors multiple projects, each project shall be maintained under a
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The Knoll Project—Hall/Hunziker Page 7
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:
1) 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.
2) 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.
3) 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.
4) Real Property Acquisition
(a) If the City acquires real property by exercising its power of eminent domain,
City acquisition files must contain the following records:
(i) Identification of property and property owners.
(ii) 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.
(iii) 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.
(iv) Preliminary Acquisition Notice - A citation of the date of transmittal
to the owner and evidence of receipt by owner.
(v) Invitation to Accompany Appraiser - Evidence that owner was
invited to accompany each appraiser on his inspection of the
property.
(vi) Appraisal Reports - A copy of each appraisal report, including
reviewer's report, on which determination of just compensation was.
based.
(vii) Determination of Just Compensation - A copy of the resolution,
certification, motion or other document constituting the
determination of just compensation.
(viii) 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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The Knoll Project—Hall/Hunziker Page 8
(ix) 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.
(x) 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.
(xi) Settlement Cost Reporting Statement - A signed copy of the
statement.
(xii) Purchase Price Receipt- Evidence of owner receipt of purchase price
payment.
(xiii) Copy of any appeal or complaint and City response.
(b) 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:
(i) Identification of property and property owners.
(ii) Letter sent to Seller (prior to City making an offer on the property)
which states:
® Federal CDBG funds may be used on this project.
® The Buyer has the power of eminent domain but will not use its
power of eminent domain to purchase the property.
® Seller is not eligible for benefits under the URA under this type
of voluntary acquisition.
® The current appraised value of the property, or other indication
of fair market value approved in advance by the County.
(iii) The seller must sign, date, and return the letter, thus documenting
receipt.
(iv) Appraisal Reports - A copy of each appraisal report, including
reviewers report, on which determination of just compensation was
based.
(v) 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.
(vi) Purchase of Price Receipt - Evidence of owner receipt of purchase
Price payment.
(vii) Either:
® Documentation that no tenants were affected by the sale; or
® Copy of General Information Notices sent to tenants and
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evidence of delivery of said notices.
(viii) 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.
5) 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.
6) 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.
7) Miscellaneous Records - The City shall maintain such other records as may be
required by the County and/or HUD.
D. 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:
1) 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.
2) 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.
3) Records for any displaced person shall be retained for four (4) years after such
person has received final payment.
9. SPECIAL. CONDITIONS
A. The City shall execute this agreement no later than 30 days following the date of the
County's letter of transmittal.
B. 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
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The Knoll Project—Hall/Hunziker Page 10
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.
C. 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.
D. 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.
E. Prior to payment of the subcontracted work reimbursed using CDBG funds, the
Subrecipient and the City must inspect all work performed by the contractor and its
subcontractors during the month addressed on the Monthly Progress Report. This
inspection must ensure that the work is performed to the specifications provided in the
Statement of Work in EXHIBIT A-1 PROGRAM DESCRIPTION and to the satisfaction
of the City prior to reimbursement of the Subrecipient for that month. Once the City has
signed off on the work performed by the Subrecipient for that month, the Subrecipient can
then submit an invoice from the contractor and its subcontractors for reimbursement by the
City. The City, in turn, will submit its own invoice to the Washington County Office of
Community Development using the CDBG Voucher Request Form for only the
subcontracted work performed using CDBG funds for that month.
10. INFORMATION AND REPORTS
The Subrecipient shall, at such time and in such form as the City may require, furnish such periodic
reports concerning the status of this Agreement, such statements, certificates, approvals and copies
of the proposed and executed plans and claims, and other information relative to this Agreement as
may be requested by the City. The Subrecipient shall furnish the City, upon request,with copies of
all documents and other materials prepared or developed in relation with or as part of this
Agreement.
11. INTEGRATION
This Agreement, including the attached exhibits, contains the entire agreement between the parties
regarding use of Community Development Block Grant Funds on the project and supersedes all
prior written or oral discussions or agreements.
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12. ATTORNEY FEES
In the event a lawsuit of any kind is instituted on behalf of the City to obtain performance of any
kind under this Agreement, Subrecipient agrees to pay such additional sums as the court may
adjudge for reasonable attorney fees ant to pay all costs and disbursements incurred.
13. SEVERABILITY
The Parities agree that if any term or provision of this Agreement is declared by a court to be illegal
or in conflict with any law, the validity of the remaining terms and provisions shall not be affected.
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14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be sent by the parties in the
United States mail,postage paid, or personally delivered to the addresses below:
sv.s,�-s.7�.�. � �� ��.'y_�.'.t �j'a� ��Ss3�•�' x .n e-�. z r� &�''a<xf'' se 2� - �
Attn: Duane Roberts, CD Dept. Attn: Sheila Greenlaw-Fink
Address: 13125 SW Hall Blvd., Address: Community Partners for Affordable
Tigard, Oregon 97223 Housing
6380 SW Capitol Highway Suite 151
Portland, Oregon 97239
Phone: (503) 718-2477 Phone: 503-293-4038
Fax: (503) 718-2748 Fax: 503-293-4039
Email Address: duane&ward-or.gov Email Address: s fink c ahinc.or
Authorized by Tigard's viewraard: d 1c)
G(
CITY OF TIG CPAH
By: Craig P sser, City Manager By: Author�d Agent of Contractor
Date Date
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The Knoll Project—Hall/Hunziker Page 13
EXHIPI'T A
SCOPE OF SERVICES
1. Subreciplent shall provide services described in the Project Description, Exhibit A-1. Project
Description, Exhibit A-1 shallinclude the Subrecipient name, address, telephone number, name of
contact, name of signatory officer with title and position, and a statement of work. The statement
of work shall include a description of the work to be provided, the purpose and nature of the
services to be provided,including where they will be offered, the specific tasks to be performed, the
level of service that will be provided (must be quantifiable level of service, e.g., installation of an
accessible bathroom within a public facility), and the time schedule for the performance of work
with target levels of service indicated at specific points in time.
2. Subrecipient shall submit reports as required in Special Conditions, Exhibit C and General
Conditions, Exhibit D.
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EXHIBITA-1
PROGRAM DESCRIPTION
Subrecipient Name: Community Partners for Affordable Housing(CPAH) _
Address:6380 SW Capitol Highwgy HighwaySuite 151 Portland Oregon 97239
Telephone Number:503-293-4038
Contact Person:Sheil Greenlaw-Fink,Executive Director
Signatory Officer:
Statement of Work: General project location is the intersection of SW Hall Boulevard and SW Hunziker
Road in Tigard, Oregon. The work involved includes curb, sidewalk,landscape, and
drainage improvements within the rights-of-way of the three public streets bordering
The Knoll at Tigard senior affordable housing project. The three are SW Hall
Boulevard, currently under Oregon Department of Transportation jurisdiction; and
SW Hunziker and SW Knoll Drive,both owned and maintained by the City of
Tigard. Before any work commences on the public improvements to SW Knoll and
Hunziker, Subrecipient shall apply for and obtain a Public Facilities Improvement
(PFIP) permit from the City of Tigard. Before any work commences on the public
improvements to Hall Boulevard, Subrecipient must obtain Oregon Department of
Transportation approval and applicable department permits.
Project components are limited to construction items located within the public right-
of-way and include:
1. Improvements to Hall Boulevard, 305 lineal feet. Includes curbs, sidewalks,
storm drainage, and landscaping;
2. Improvements to Knoll Drive, 158 lineal feet. Includes curbs, sidewalks, storm
drainage, and landscaping;
3. Improvements to Hunziker Street, 89 lineal feet. Includes curbs, sidewalks,
storm drainage, and landscaping;
4. Reinstall vehicular and pedestrian traffic signals, 5 poles;
5. Install traffic signal at Hall/Hunziker;
Costs related to design, construction management,and project administration
specifically are ineligible for reimbursement under this agreement.
Project Schedule: July 2010 to February 2011
Project Cost: Four Hundred Twenty Five Thousand and No/100 Dollars ($425,000.00)
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f
EXHIBIT B
EXPENDITURE, PAYMENT AND BUDGET PROVISIONS
1. PROGRAM EXPENDITURES
Subrecipient may expend up to Four Hundred Twenty Five Thousand and No/100 Dollars
($425,000.00), the Agreement amount.
2. UNEXPENDED FUNDS
Any unexpended or unobligated funds remaining as of February 28, 2011 shall be returned to City
unless approval to extend Agreement is authorized by City prior December 31, 2010, arid approved
in writing by Washington County,in accordance with General Conditions, Exhibit D, Item 5.
3. PAYMENT PROVISIONS
Payment will be made by the City up to the amount of the Agreement upon receipt of a properly
executed Invoice for Services Provided form, Exhibit E. Invoices and reports shall be signed by
Subrecipient's authorized representatives.
Invoices shall be submitted to the City of Tigard,Attn: Duane Roberts,Department of Community
Development, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Invoices and reports shall be
submitted no less than quarterly. Final invoice will be submitted to the City within 30 days of the
end of the Agreement, February 28, 2011. The City of Tigard will then be responsible to submit all
invoices in that quarter to the Washington County Office of Community Development, 328 W.
Main Street Suite 100, Hillsboro, OR 97123.
4. INVOICE DOCUMENTATION
All invoices shall be supported with signed and dated documentation such as bills, receipts,invoices,
payroll records and time sheets. Documentation shall adequately identify the source and application
of funds for activities within this Agreement in accordance with the provisions of 24 CFR 85.20, and
shall contain information pertaining to grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays and income.All documentation shall be maintained in
Subrecipient's files for not less than five years.
5. PROGRAM INCOME
For CDBG funded projects, the Subrecipient shall comply with provisions of 24 CFR 570.504(c)
and 570.500 regarding program income. Program income is defined by HUD as the gross income
received by a subrecipient directly generated from the use of CDBG funds.
Program income includes,but is not limited to,,the following:
A. Proceeds from the disposition by sale or long-term lease of real property purchased or
improved with CDBG funds;
B. Proceeds from the disposition of equipment purchased with CDBG funds;
C. Gross income from the use or rental of real or personal property acquired by a subrecipient
with CDBG funds,less costs incidental to generation of the income;
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D. Gross income from the use or rental of real property owned by a subrecipient that was
constructed or improved with CDBG funds,less costs incidental to generation of income;
E. Payments of principal and interest on loans made using CDBG funds;
F. Proceeds from the sale of loans made with CDBG funds;
G. Proceeds from sale of obligations secured by loans made with CDBG funds;
H. Interest earned on program income pending its disposition; and
I. Funds collected through special assessment made against properties owned and occupied by
households not of low and moderate income,where the assessments are used to recover all
or part of the CDBG portion of a public improvement.
The Subrecipient shall record the receipt and expenditure of program income. The Subrecipient
shall submit program income reports with invoices and statistical reports quarterly.
Program income shall be retained by the Subrecipient provided that it shall be used exclusively for
eligible activities as defined in the CDBG Regulations (24 CFR Part 570).
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EXHIBIT C
SPECIAL. CONDITIONS
1. PROGRAM ADMINISTRATION
The Subrecipient is solely responsible for the conduct of the contracted program. Its employees and
agents shall not be deemed employees or agents of the City unless regular employees of the City of
Tigard complete the actual work performed. The Subrecipient will perform all necessary and
customary functionsin the management and supervision of Subrecipient personnel for all work
performed under the Agreement.
Project activities will be completed in compliance with the terms of this Agreement and the
regulations applicable to this program. Specific project activities,which trigger formal procedural
regulation,include the following: Subcontracting, Conflict of Interest,Procurement,
Nondiscrimination and Public Information.
2. DESIGNATED STAFF
The Subrecipient shall designate an individual responsible for carrying out the contracted program,
including coordination with City CDBG Administration Staff. Subrecipient shall further designate
one or more individuals authorized to sign payment requests under this Agreement. The names and
signatures of these individuals shall be provided to City and maintained in City's program files.
City shall designate an individual as City Contact to be responsible for administration of this
Agreement. The name of such designated individual shall be provided to the Subrecipient.
3. REPORTING
Statistical Reports and an Invoice for Services will be submitted to the City no less than quarterly. A
final report describing program achievements,a comparison to objectives and discussion of
problems and solutions, shall be submitted within 30 days of the end of the Agreement, February
28, 2011. Reports shall include statistical reports covering the program period, to date. The
Subrecipient is responsible to provide to the City all contractor and subcontractor wage scale
reporting to determine compliance with applicable labor standards per Exhibit D part 37 of this
agreement.
4. CLIENT CONFIDENTIALITY
Subject to the requirements of Oregon Public Records Law, ORS 192.410 to 192.505, all client
information,including lists of persons receiving services obtained by the Subrecipient in the
performance of Agreement, shall be considered confidential and not divulged for any purpose not
directly connected with the administration of the Agreement or monitoring and evaluation by City.
City shall be allowed to review a sampling of case work history information to determine the
adequacy of record keeping and quality of services performed. Nothing,however,prohibits the
disclosure of information summaries, statistical, or other forms,which do not identify particular
individuals.
5. BILINGUAL ASSISTANCE
Subrecipient will provide bilingual assistance, as needed, to serve its clients. Bilingual assistance will
be provided by bilingual staff to the extent possible. Bilingual means capable of using both English
and Spanish languages with nearly equal facility.
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EXHIBIT D
GENERAL CONDITIONS
These General Conditions cover the use of Community Development Block Grant (CDBG) funds awarded
under this Agreement to the Subrecipient by the City of Tigard.
1. TERMINATION FOR CAUSE
In accordance with 24 CFR 85.43, if, through any cause, the Subrecipient shall fail to fulfill in a
timely and proper manner his/her obligations under this Agreement, or if the Subrecipient shall
violate any of the covenants, agreements, or stipulations of this Agreement, the City may avail itself
of such remedies as cited in 24 CFR 85.43 including termination of this Agreement, by giving
written notice to the Subrecipient of such action and specifying the effective date thereof. In such
event, all finished or unfinished documents, data, studies, and reports prepared by the Subrecipient
under this Agreement shall, at the option of the City, become the property of the City and the
Subrecipient shall be entitled to receive just and equitable compensation for any.satisfactory work
completed on such documents,not to exceed the Agreement amount.
Notwithstanding the above, the Subrecipient shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Agreement by the Subrecipient, and the City
may withhold any payments to the Subrecipient for the purpose of set off until such time as the
exact amount of damages due the City from the Subrecipient is determined.
2. TERMINATION FOR CONVENIENCE
In accordance with 24 CFR 85.44, the City and Subrecipient may terminate this Agreement at any
time by mutual written agreement. If the Agreement is terminated by the City as provided herein,
the Subrecipient will be paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of the Subrecipient covered by this Agreement
less payments of compensation previously made.
3. ENFORCEMENT REMEDIES
In the event of termination under Section A hereof by the City due to a breach by the Subrecipient,
then the City may complete the work either itself or by agreement with another contractor, or by a
combination thereof. In the event the cost of completing the work exceeds the amount actually paid
to the Subrecipient hereunder plus the remaining unpaid balance of the compensation provided
herein, then the Subrecipient shall pay to the City the amount of excess. Allowable costs shall be
determined in accordance with 24 CFR 85.43(c).
The remedies provided to the City under Sections 1 and 3 hereof for a breach by the Subrecipient
shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that
are available. In the event of breach of this Agreement by the City, then the Subrecipient's remedy
shall be limited to termination of the Agreement and receipt of payment as provided in Section 2
hereof. In the event of termination under Section 1, the City shall provide the Subrecipient an
opportunity for an administrative appeal.
4. DISPUTES
Disagreements between the City and Subrecipient concerning the meaning, requirements, or
performance of this Agreement shall be subject to final determination in writing by the City
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Administrator or in accordance with the applicable procedures (if any) required by the State or
Federal Government.
5. AGREEMENT CHANGES
The City or Subrecipient may, from time to time, request changes in writing in the scope of services
or terms and conditions hereunder. Major changes, including the scope of work, performance
measures or any increase or decrease in the amount of the Subrecipient's compensation, shall be
incorporated in written amendments to this Agreement, approved by the City Council and signed by
the City Administrator on behalf of the City. Minor changes to the scope of work, budget line
items, timing, reporting, or performance measures may be approved by the City Administrator on
behalf of the City.
6. AGREEMENT NON-RENEWAL.
Sub-recipient understands and agrees that there is no representation, implication, or understanding
that the services provided by Subrecipient under this Agreement will be purchased by the City under
a new Agreement following expiration or termination of this Agreement, and waives all rights or
claims to notice or heading respecting any failure to continue purchase of all or any such services
from Subrecipient.
7. FURTHER SPECIFICATIONS FOR OPERATING PROCEDURES
Detailed specifications of operating procedures and budgets required by this Agreement, including
but not limited to: monitoring, auditing, billing, reporting, or regulatory changes, may be developed
and set forth in written informal agreements between the City and Subrecipient. Such Informal
Agreements shall be designated as such and shall not be amendments to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder. Such Informal
agreements may not enlarge in any manner the scope of this Agreement, including any sums of
money to be paid the Subrecipient as provided herein. Informal Agreements may be approved and
signed by the Director of the Community Development Department on behalf of City.
S. NON-DISCRIMINATION AND AFFIRMATIVE ACTION
During the performance of this Agreement, the Subrecipient shall not discriminate based on race,
religion, color, sex, age, national origin, marital status, political affiliation or handicap condition and
the Subrecipient shall, to the maximum feasible extent, ensure all interested persons can reasonably
obtain information about, and access to, HUD-funded activities. The Subrecipient agrees to comply
with the following:
A. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations
at 24 CFR part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR,
1958-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307)(Equal Opportunity in Housing)
and implementing regulations at 24 CFR part 107; and title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations issued at.24 CFR part 1;
B. The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146, and the
prohibitions against discrimination against handicapped individuals under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8;
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C. The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR chapter 60;
D. The requirements of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701) providing:
1) To the greatest extent feasible, opportunities for training and employment be given
to low- income persons residing within the unit of general local government or the
metropolitan area; and
2) To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns which are located in or
owned in substantial part by persons residing in the same metropolitan area as the
project; and
E. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise).
9. ACCESS TO RECORDS
The City, HUD, the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, general organizational and administrative
information, documents, papers, and records of the Subrecipient which are directly pertinent to this
Agreement, for the purpose of making audit or monitoring, examination, excerpts, and
transcriptions. All required records must be maintained by the Subrecipient for five years after the
City makes final payments and all other pending matters are closed.
10. MAINTENANCE OF RECORDS
The Subrecipient shall maintain fiscal records on a current basis to support its billings to the City.
The Subrecipient shall retain fiscal as well as all records relating to program and client eligibility for
inspection, audit, and copying for five years from the date of completion or termination of this
Agreement. The City or its authorized representative shall have the authority to inspect, audit, and
copy on reasonable notice and from time to time any records of the Subrecipient regarding its
bdlings or its work hereunder.
11. AUDIT REQUIREMENTS
Subrecipient shall arrange for annual, agency-wide audits conducted by an independent certified
public accountant and carried out within six months from the end of each Agreement Year. If
Subrecipient's fiscal year ends during the term of this Agreement, the audits may cover the
Subrecipient's fiscal year provided the audit period includes at least six months of this Agreement
period. Said audits shall be performed according to federal and state law and rules, specifically, the
audits shall comply with OMB Circular A-133 (nonprofit and institutions of higher education) or
A-128 (local governments).
A copy of the audit and accompanying management letter shall be submitted annually to the City
within two weeks of the date of the audit report. The audit shall include, at a minimum, assurances
that: 1) financial statements present fairly the financial position of the Subrecipient;, 2) costs charged
to City are appropriate;and 3) Subrecipient is complying with conditions of the Agreement.
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The Subrecipient is responsible for either including subcontractors within its own annual audit or
assuring that separate independent audits are conducted and submitted to City for each
subcontractor. The City, either directly or through a designated representative, may audit the
records of the Subrecipient at any time during the period established by Section 10 above. If an
audit discloses that payments to the Subrecipient were in excess of the amount to which the
Subrecipient was entitled,then the Subrecipient shall repay the amount of the excess to the City.
12. MONITORING
The City, through the Department of Community Development, shall monitor at least once each
year, that portion of the Subrecipient's project funded with CDBG funds. Such monitoring shall
ensure that the operation of the project conforms to the provisions of this Agreement.
13. INDEMNITY AND HOLD HARMLESS
Subrecipient shall indemnify, defend and hold harmless the City, its officers, officials, boards,
commissions, employees, volunteers, and agents from and against all claims, damages, suits, costs,
judgments, losses, expenses, and attorney's fees arising directly or indirectly out of the performance
of or the failure to perform the work described herein, caused in whole or in part by any negligent
act or omission of the Subrecipient, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, regardless of the negligence of the
City, except Subrecipient shall not be responsible when such liability arises from the sole negligence
or willful misconduct of the City. Subrecipient shall promptly pay city for any costs that City incurs
in enforcing this clause.
14. INSURANCE REQUIREMENTS
For the duration of this Agreement, Subrecipient shall procure and maintain insurance against claims
for personal injury, bodily injury or property damage which may arise from or in connection with
the work hereunder by the Subrecipient, his agents, representatives and employees. Evidence of
insurance acceptable to the City must be provided by the Subrecipient to the City before
Subrecipient will be authorized to start work.
A. The Subrecipient and all employers providing work, labor or materials under this Agreement
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers or employers that are exempt under
ORS 656.126. Out-of-state employers must provide Oregon workers' compensation
coverage for their workers who work at a single location within Oregon for more than 30
days in a calendar year. Contractors who perform work without the assistance or labor of
any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than $500,000 each accident.
B. Subrecipient shall obtain, at Subrecipient's expense, and keep in effect during the term of
this Agreement, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall
include Contractual Liability insurance for the indemnity provided under this contract. The
following insurance willl be carried:
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Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
C. If Subrecipient will be delivering any goods or services which require the use of a vehicle,
Subrecipient shall provide City a certificate indicating that Subrecipient has business
automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined
Single Limit per occurrence shall not be less than$1,000,000. Said insurance shall name City as
an additional insured and shall require written notice to City thirty (30) days in advance of
cancellation. If Subrecipient hires a carrier to make delivery, Subrecipient shall ensure that said
carrier complies with this paragraph.
D. Each policy required by this Agreement shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after
thirty days prior written notice by certified mail, return receipt requested, has been given to
the City.
The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
® The City,its officers, officials, agents,volunteers, and employees are to be covered as
insureds for liability arising out of activities performed by or on behalf of the
Subrecipient; products and completed operations of the Subrecipient; premises
owned, occupied or used by the Subrecipient; and automobiles owned, leased, hired
or borrowed by the Subrecipient. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, agents,
volunteers or employees.
® For any claims related to this project the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, agents, volunteers and
employees. Any insurance or self-insurance maintained by the City, its officers,
officials, agents, volunteers, and employees shall be excess of Subrecipient's
insurance and shall not contribute with it.
® Any failure to comply with reporting or other provisions of the Subrecipient's
insurance policies including breaches of warranties shall not affect the coverage
provided to the City,its officers, officials, agents,volunteers, and employees.
® The Subrecipient's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of insurers liability.
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E. Acceptability of Insurers - All coverage provided by the Contractor must be underwritten by
an insurance company deemed acceptable by the City. The City reserves the right to reject
all or any insurance carrier(s) with an unacceptable financial rating.
F. Verification of Coverage - Subrecipient shall furnish the City with certificates and original
endorsements affecting the coverage herein required. Certified copies of policies must be
furnished upon the request of the City. Endorsements must be signed by a person
authorized by that insurer to bind coverage on its behalf. The form of endorsement is
subject to the City's approval.
G. Deductibles and Self-Insured Retentions - Any deductibles or self-insured retentions must
be declared to the City and are subject to the City's approval. At the option of the City,
either the insurer shall reduce or eliminate such deductibles or self-insured retentions with
respect to the City; or the Subrecipient may be required by the City to procure a bond
guaranteeing payment of losses, claims adjusting expenses, and defense costs below the
deductible or self-insured retention.
H. Subcontractors - Subrecipient's insurance shall provide coverage for all subcontractors, or
Subrecipient shall furnish to the City separate certificates and endorsements showing
coverage for each subcontractor. The insurance requirements described herein shall apply to
all subcontractors.
15. SUBCONTRACTING AND ASSIGNMENT
The Subrecipient shall not assign this in whole or in part or any right or obligation hereunder,
without prior written approval of the City, which approval shall not unreasonably be withheld. The
subcontractor shall be responsible for adhering to all regulations cited within this Agreement.
16. INDEPENDENT CONTRACTOR STATUS
The Subrecipient is engaged as an independent contractor and will be responsible for any federal,
state, or local taxes and fees applicable to payments hereunder. The Subrecipient and its
subcontractors and employees are not employees of the City and are not eligible for any benefits
through the City, including without limitation, federal social security, health benefits, workers'
compensation, unemployment compensation, and retirement benefits.
17. COMPLIANCE WITH LAWS
In connection with its activities under this Agreement, the Subrecipient shall comply with all
applicable federal, state and local laws and regulations. For CDBG-funded projects, the Subrecipient
shall carry out its activities in compliance with 24 CFR 570. In particular (but not to the exclusion of
other sections) Subrecipient shall comply with applicable uniform administrative requirements, as
described in 24 CFR 570.502.
Should Federal or State regulations touching upon the subject of this Agreement be adopted or
revised during the term hereof, this Agreement may be amended to assure conformance with such
Federal or State requirements.
18. CONFLICTS OF INTEREST
No City officer or employee, during his or her tenure or for one year thereafter, shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, as required in 24 CFR 85.36.+
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No board or director member or employee of the Subrecipient, during his or her tenure or for one
year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds, as
required in 24 CFR 85.36. Use of Agreement funds to pay personnel costs itemized in Agreement is
exempted from this requirement.
For CDBG-funded projects, the Subrecipient shall further comply with the conflict of interest
provisions cited in 24 CFR 570.611.
19. AGREEMENT ADMINISTRATION
Non-profit contractors shall comply with the applicable provisions of OMB Circular No's. A-122,
and A-110 Attachments B, F, H paragraph 2, and O, as described by 24 CFR 92.505.
20. PROPERTY MANAGEMENT
The Subrecipient agrees that any real property, equipment or supplies purchased wholly or in part
with program funds will be managed under the same guidelines applicable to the City in accordance
with 24 CFR 570.505 (real property), 24 CFR Part 85.32 (equipment), and 24 CFR Part 85.33
(supplies).
21. EXPIRATION/REVERSION OF ASSETS
For CDBG-funded projects, the Subrecipient shall comply with the Reversion of Assets provision
of 24 CFR 570.503(b)(8). Upon expiration of this agreement, the Subrecipient shall transfer to the
recipient any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
22. OREGON LAW AND FORUM
This Agreement shall be construed according to the law of the State of Oregon. Any litigation
between the City and the Subrecipient arising under this Agreement or out of work performed under
this Agreement shall occur, if in the state courts,in the Washington County court having jurisdiction
thereof,and if in the federal courts,in the United States District Court for the State of Oregon.
23. AVAILABILITY OF FUNDS
It is understood by all parties to this Agreement that the funds used to pay for services provided
herein are provided to the City through a grant from the U.S. Department of Housing and Urban
Development. In the event that funding is reduced,recaptured, or otherwise made unavailable to the
City as a result of federal action, the City reserves the right to.terminate the Agreement as provided
under Section 2 hereof, or change the scope of services as provided under Section 5 hereof.
Should Federal or State regulations touching upon the subject of this Agreement be adopted or
revised during the term hereof, this Agreement may be amended to assure conformance with such
Federal or State requirements.
24. MINIMIZING DISPLACEMENT/RELOCATION
The Subrecipient assures that it will take all reasonable steps to minimize the displacement of
persons as a result of this Agreement, and shall comply with the applicable provisions of 24 CFR
570.606.
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25. PROGRAM ACCESS BY THE DISABLED
The Subrecipient shall, to the maximum feasible extent, ensure interested persons can reasonably
obtain information about, and access to,HUD-funded activities.
26. LOBBYING
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal Agreement,
grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal Agreement, grant, loan, or cooperative agreement, the Subrecipient shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
The Subrecipient shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans and cooperative agreement) and that all Subcontractors shall certify and disclose
accordingly.
27. CHURCH/STATE
The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.2000) regarding
the use of federal funds by religious organizations. No religious content or materials will be
disseminated in any part of the programs or services funded under this Agreement.
28. NON-SUBSTITUTION FOR LOCAL FUNDING
For CDBG-funded projects, the Subrecipient will not utilize grant funds 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.
29. COPYRIGHTS AND RIGHTS IN DATA
Subrecipient shall not publish or transfer any materials produced or resulting from activities
supported by this Agreement without the express written consent of the City Administrator. If any
material is subject to copyright, the City reserves the right to copyright such, and the Subrecipient
agrees not to copyright such material. If the material is copyrighted, the City reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in
part, and to authorize others to do so.
30. NONPARTICIPATION IN POLITICAL ACTIVITIES
The Subrecipient shall comply with the provisions of the Hatch Act (5 USC, Chapter 15).
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31. REAL PROPERTY ACQUISITION
The Subrecipient shall comply with the applicable provisions of 49 CFR 24 regarding the use of
federal funds for acquisition of real property, and with the applicable provisions of the Reversion of
Assets provision of 24 CFR 570.503(b)(8) as described in D.23 of this agreement.
32. ENVIRONMENTAL REVIEW
The Subrecipient shall comply with the 24 CRR 92.352, 24 CFR PART 58 and the National
Environmental Policy Act of 1969. The Subrecipient shall not enter into a contract for, or
otherwise commit CDBG funds for a project prior to the City's completion of an
environmental review in accordance with 24 CFR part 50. The Subrecipient shall supply the
City with the information necessary for the City to perform any applicable environmental review
when requested under CFR 583.225(a). The Subrecipient shall carry out mitigating measures
required by the City or ensure that alternate sites are utilized according to 24 CFR 54.22.
33. DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS, SUBRECIPIENT. OR
OFFICERS
The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.609 regarding the
Debarred, Suspended or Ineligible Contractors or Subrecipients. The Subrecipient shall not use CDBG
funds to directly or indirectly employ, award contracts to, or other wise engage the services of, of 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 Subrecipient shall not have officers or board
members that are debarred, suspended or ineligible to work on projects using federal funds.
34. LABOR STANDARDS
The Subrecipient agrees to comply with the applicable provisions of the Davis-Bacon Act, the Contract
Work Hours and Safety Standards Act (CWHSSA), the Copeland Act and the Fair Labor Standards Act
covered under the regulations in 29 CFR Parts 1,3,5,6 and 7. The Subrecipient shall pay all laborers and
mechanics employed by contractor or subcontractors on construction work financed in whole or in part
with CDBG funds wage rates not less than those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act. The Contract Work
Hours and Safety Standards also apply. However, these requirements apply to the rehabilitation of
residential property only if such property contains not less than 8 units.
35. LEAD-BASED PAINT
The Subrecipient shall comply with the applicable provisions of 24 CFR 35, Requirements for
Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential
Property and Housing Receiving Federal Assistance. The purpose of the regulation is to protect young
children from lead-based paint hazards in housing that is either receiving assistance from the Federal
government or is being sold by the government.
36. NON-PROFIT AGREEMENTS
The subrecipient shall comply with all applicable provisions of 24 CFR Part 84,Uniform Administrative
requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other
Non-Profits. Non-profits receiving CDBG funds shall establish written procurement procedures as per
the requirements of 24 CFR 84.44.
Subrecipient Agreement for Public Improvement Project
The Knoll Project—Hall/Hunziker Page 27
37. ARCHITECTURAL BARRIERS ACT AND THE AMERICANS WITH DISABILITIES
ACT
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally
funded buildings and other facilities to be designed, constructed, or altered in accordance with
standards that insure accessibility to, and use by, physically handicapped people. A building or facility
designed,constructed, or altered with funds allocated or reallocated under this part after Dec. 11 h, 1995,
and that meets the definition of"residential structure" as defined in 42. CFG 101-19.602(a) is subject to
the requirements of the Architectural Barriers Act of 1968 and shall comply with the Uniform Federal
Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41
CFR part 101-19. sib[art 101-19.6, for general type buildings). The Americans with Disabilities Act (42
U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to
individuals with disabilities in the areas of employment, public accommodations, State and local
government services, and telecommunications. It further provides that discrimination includes a failure
to design and construct facilities for first occupancy no later than January 26, 1993, that are readily
accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of
architectural barriers and communication barriers that are structural in nature in existing facilities,
where such removal is readily achievable - that is, easily accomplishable and able to be carried out
without much difficulty or expense.
38. SUSPENSI®N AND TERMINATI®N
In accordance with 24 CFR 85.43, suspension or termination may occur if the subreciplent materially
fails to comply with any term of the award, and that the award may be terminated for convenience in
accordance with 24 CFR 85.44.
Subrecipient Agreement for Public Improvement Project
The Knoll Project—Hall/Hunziker Page 28
EXHIBIT E
INVOICE FOR SERVICES
Invoice Number: Invoice Date:
Project Title: The Knoll at Tigard
To: From:
Agency: City of Tigard Agency:
Community Development Department
Address: 13125 SW Hall Boulevard Address:
Tigard, Oregon 97223
t e,'"'S 'v '�-�
Coristtuchon 358912
Costs
Unlity Costs 66'Q88
r ' .��„' '�-'a s +., [�, t F` z § x rs .e} a ,}x.S A} t } y"' ;7 a�.� _ ? :.. ✓ i # 3
411
S - 'x �, t x � �. ,'� YL, re t f x
-3 ,..a-. rz„.,. .� ...,c�� ,,. �': �r r at_�` :.<
TOTAL.REIMBURSEMENT REQUEST:
Request is hereby made for reimbursement of current month/quarter expenditures. Reimbursement is
requested based on actual expenses incurred in providing services in accordance with the Agreement with
the City of Tigard.
I certify that this statement of expenditures is made herein to the best of my knowledge. All reported
expenditures are supported by documentation, attached and filed in Sub-recipient's files and are subject to
audit by City of Tigard and the Department of Housing and Urban Development.
SIGNATURE: DATE:
TITLE: PHONE:
Subrecipient Agreement for Public Improvement Project
The Knoll Project—Hall/Hunziker Page 29
EXHIBIT F
CDBG CLIENT/FAMILY INFORMATION FORINT
Client's Name:
Address:
Total Number of Persons in Family (see definitions below):
List Names of Family Members Living In Household:
Head of Household:
Additional Members:
Total Monthly Income Sources for All Family Members Living In Household
Employment, Gross Income:
Other Resources:
Social Security/SSI: Other Pension:
Unemployment: Child Support:
Public Welfare: Alimony:
Veteran's Benefits:
Total Monthly Income:
Ethnicity and Race
Grantees are to ask respondents to identify their clients ethnicity prior to asking them to identify their race.
Hispanic will now be considered an ethnicity category rather than a race category .
Please check one ethnicity about the client:
Hispanic or Latino
Not Hispanic or Latino
Subrecipient Agreement for Public Improvement Project
The Knoll Project—Hall/Hunziker Page 30
Please select one or more of the following as self identified by the client:
American Indian/Alaskan Native
Asian
Black/African American
Native Hawaiian/Pacific Islander
White
Please complete the following about the client.
Disabled yes no
Female Headed Household yes no
® Low- to Moderate-Income Person - A low- to moderate-income person is defined by HUD as a
member of a family having an income equal to or less than the low- to moderate-income limits
established by HUD in the table on page 7. Family—A family is defined by HUD as all persons living
in the same household who are related by blood, marriage, or adoption. An individual living in a
housing unit that contains no other person(s) related to him/her is considered to be a one person family
for this purpose. Adult children who continue to live at home with their parent(s) are considered to be
part of the family for this purpose and their income must be counted in determining the total family
income. A dependent child.who is living outside of the home (e.g. students living in a dormitory or
other student housing) is considered for these purposes to be part of the family upon which he/she is
dependent, even though he/she is living in another housing unit.
Income information provided above subject to verification by local or Federal government.
Subrecipient Agreement for Public Improvement Project
The Knoll Project—Hall/Hunziker Page 31