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Washington County IGA - CDBG Block Grant (IG163003) WASHINGTON COUNTY OREGON July 22, 2016 Marty Wine City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: Notice to Proceed CDBG Project: #8118, City of Tigard, Commercial Street Sidewalk Dear Marty: Enclosed is your original copy of the executed agreement between Washington County Office of Community Development and the City of Tigard for the above project. An environmental clearance has been completed and is on file in this office. Accordingly, you may proceed to incur costs under this grant, effective July 19, 2016. 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 Matthew Mattia at 503-846-4436 if you have any questions regarding this project. Sincerely, Jenn H. Proctor, Program Manager Offic of Community Development Enclosures Cc: Andrew Newbury Office of Community Development 328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967 phone: 503-846-8814 • fax: 503-846-2882 _R AGREEMENT ` between WASHINGTON COUNTY and City of Tigard This Agreement, entered into this IL day of , 2016, between Washington County, a municipality of the State of Oregon (herei after referred to as the "County"), and 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. Page 1 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk J CITY WASHINGTON COUNTY c Signature V/6—Chairman, Board of Count Commissioners 6- :2 Date (this field required) Recording Secr ry to (this ►eld reg4ifed) DUNS Number (this field required) APIIIZOVEiD WASHINGTON COUNTY � -DS�o3�j� BOARD OF COMMISSIONERS 3 Tax Identification Number (this field required) MINUTE ORDER# 140 - 222— EitSJ���IL�rGN�t. ('I TRF;C?I�7 'E3()ARD APPROVED AS TO FORM Senior Assistant County Counsel for the- shington County Office of Community Development Page 2 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk 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. Reversion of Assets and 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 15. Enforcement 16. Appeal 17. Termination 18. Prohibition on the Use of Debarred Contractors 19. Applicable Law, Venue, Attorney Fees and Costs 20. Extensions Page 3 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk 21. Survival PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS 1. Uniform Administrative Requirements 2. Procurement Standards 3. Environmental Review 4. Nondiscrimination 5. Property Management 6. Labor Standards 7. Acquisition and Relocation 8. Architectural Barriers 9. Non participation in Political Activities 10. Nonsubstitution for Local Funding 11. Public Information 12. Uniform Administrative Requirements and Cost Principles 13. Certification Regarding Lobbying 14. Certification Regarding Use of Excessive Force 15. Eligibility Restrictions for Certain Resident Aliens Part III. EVALUATION AND RECORD KEEPING 1. Evaluation 2. Audits and Inspections 3. Records 4. Retention of Records 5. Access To Records Page 4 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk PART IV. SPECIAL CONDITIONS PART V. EXHIBITS A. Project Description, Scope of Activities and Anticipated Accomplishments B. Authorized Signature Card C. Budget Summary D. Pre-Award Risk Assessment Monitoring Plan (required by 2 CFR Part 200.331(e) E. Insurance Modification Form (where applicable) Page 5 of 28 ccfn r_5_2016 City of Tigard,#8118, Commercial St. Sidewalk 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. Page 6 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk 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, "Project Year" shall mean the period from upon execution through June 30, 2017. 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 five (5) years from project completion (defined as five years from when the project is reported out in the annual performance report to HUD) or until September 30, 2022 unless otherwise modified in writing by the parties to this Agreement. 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 Page 7 of 28 ccfn r_5_2016 City of Tigard,#8118, Commercial St. Sidewalk 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. 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. REVERSION OF ASSETS AND INTERESTS IN PROPERTY: PROGRAM INCOME A. Reversion of Assets - In accordance with HUD Regulation 24 CFR, 570.503(b)(7), upon expiration or termination of this agreement the City shall transfer to the County any CDBG funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. Page 8 of 28 ccfnr5_2016 City R Tigard,#8118, Commercial St. Sidewalk B. Real Property - 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. C. 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 2 CFR 200.313 to 2 CFR 200.315. D. 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 specific project(s) funded by this Agreement in accordance with the principles of 24 CFR 570.504 (b)(2)(i) and (ii). (2) The City may retain program income for the benefit of the specific projects funded by this Agreement, provided it is used in accordance with regulations in 24 CFR 570.504, the provisions of this Agreement, and pursuant to adopted local CDBG program policies. 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. 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 City 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. 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. Page 9 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk 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. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss of the claim is attributable to the negligent acts or omissions of that party. B. Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. C. Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.269 through 30.274. D. The County, in its sole discretion, may modify or waive any of the above required insurance coverage upon written approval of the COUNTY'S Risk Manager. Any such waiver or modification shall be set forth in Exhibit E. 12. HOLD HARMLESS AND INDEMNIFICATION Page 10 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk 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. 13. CONFLICT OF INTEREST A. General — In the procurement of supplies, equipment, construction and services by City, the conflict of interest provisions in 2 CFR 200.112 shall apply. In all cases not governed by 2 CFR 200.112, the provisions of 24 CFR 570.611 shall apply. B. 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. C. 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: Page 11 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk (1) Material noncompliance with the terms of this Agreement, the Award, 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. 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 in accordance with 2 CFR 200.339; (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 Page 12 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk 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. (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. Page 13 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk (4) Termination for convenience by either party pursuant to 2 CFR 200.339. 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. 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 5. 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 four (4) weeks prior to the last expiration date contained in this Agreement. Additional extension(s) may be granted by the OCD Program Manager only in case of extenuating circumstances beyond the City's control. Page 14 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk 21 . SURVIVAL The terms, conditions, representations, obligations and warranties set forth in this Agreement shall survive the termination or expiration of this Agreement. PART Il. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS 1 . UNIFORM ADMINISTRATIVE REQUIREMENTS A. The City shall comply with all applicable uniform administrative requirements, as described in 24 CFR 570.502 2. 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 2 CFR 200.318 to 2 CFR 200.326 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- and women-owned business enterprises (MBE and WBEs). 3. 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, any construction activities, or commit any other choice limiting action under this Page 15 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk Agreement until there is satisfaction of all applicable requirements of the National Environmental Policy Act. C. Other Environmental Compliance Requirements: (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. If the scope of work for the project will require ground-disturbing activities, defined as disturbance of greater than one cubic foot of earth, Agency/City must include the following language in all bidding and construction contracts: `7n the absence of sufficient knowledge to predict the location of cultural resources within the defined project area, extreme caution is required during project-related ground disturbing activities. If archaeological sites, objects and/or human remains are discovered during construction, all activities will cease immediately until a professional archaeologist can evaluate the discovery." (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, subparts A,B,J,K, and R) issued pursuant to the Lead-Based Paint Poisoning Prevention Act, as amended, (42 USC Section 4821-4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 Page 16 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk (42 U.S.C. 4851-4856) 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 odernization;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). 4. NONDISCRIMINATION A. General. The City shall comply with all federal, state and local laws prohibiting discrimination on the basis of race, color, national origin, religion, gender, familial status, age 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.) and implementing regulations at 24 CFR 1; 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 1701u); 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, national origin, religion, gender, familial status, age or disability. (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 Page 17 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk implementing regulations in 24 CFR part 1, and 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, race, color, national origin, religion, gender, familial status, age or disability 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. The City shall comply with Executive Order 11246 as amended by Executive Orders 11375,11478,12086, and 12107(Equal Employment Opportunity); Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations) and the implementing regulations at 41 CFR chapter 60; 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 Program Manual. (5) Contractors and Suppliers Page 18 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk (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 race, color, national origin, religion, gender, familial status, age or disability. 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; Executive Order 13279 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 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. 5. 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 2 CFR 200.310 to 2 CFR 200.316. 6. 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. Page 19 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk 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) ontract;(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 (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). 7. 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 relocation at 24 CFR Section 570.606 and the Washington County CDBG Program Policies. 8. ARCHITECTURAL BARRIERS Page 20 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk Any building or facility designed constructed or altered with CDBG funds, and that meets the definition of a "residential structure" as defined in 24 CFR 40.2 or the definition of a "building" as defined in 41 CFR 101-19.602(a), shall comply with the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) 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, subpart 101.19.6, for general type buildings, and the provisions of the Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA). 9. NONPARTICIPATION IN POLITICAL ACTIVITIES The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 10. 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. 11. 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. 12. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES 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 2 CFR Part 200. The applicable sections of 2 CFR Part 200 are set forth at 24 CFR 570.502. 13. 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 Page 21 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk 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. 14. 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. 15. ELIGIBILITY RESTRICTIONS FOR CERTAIN RESIDENT ALIENS The City shall comply with the provisions in 24 CFR 570.613 pertaining to he eligibility restrictions for certain newly legalized aliens described in 24 CFR part 49. Page 22 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk 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 2 CFR 200 Subpart F. 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 2 CFR 200.302. 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. Page 23 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk 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. Page 24 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk (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: 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. Page 25 of 28 ccfnr_5_2016 City of Tigard,#8118, Commercial St. Sidewalk (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 2 CFR 200.333, 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 claims, litigation or audit findings before the expiration of the four (4) year retention period shall be retained until such claims, litigation or audit findings have been resolved. 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 2 CFR 200.333 and real property is defined in 2 CFR 200.85. C. Records for any displaced person shall be retained for four (4) years after such person has received final payment. Page 26 of 28 ccfnr5_2016 City R Tigard,#8118, Commercial St. Sidewalk 5. ACCESS TO RECORDS As required in 2 CFR 200.336, for so long as records are retained by the Agency, the County, The Comptroller General of the United States, or any of their authorized representatives shall have the right of access to any pertinent books, documents, papers, or other records of Agency which are pertinent to this Agreement in order to make audits, examinations, excerpts and transcripts. 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. 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. 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 projected schedule for each of the activities. 4. The following project milestones will be followed by the City to ensure project completion by June 30, 2017. Any deviation of this schedule must be approved by the Office of Community Development Program Manager. Contract Milestone Date Design/Architectural and Engineering (A & E) • Commence A & E July 18, 2016 • Complete A & E February 10, 2017 • Release/Let bid February 22, 2017 • Open Bid responses March 8, 2017 Construction • Award construction contract April 19, 2017 Page 27 of 28 ccfnr_5_2016 City of Tigard, #8118, Commercial St. Sidewalk • Commence construction April 24, 2017 • Complete construction June 29, 2017 5. In accordance with Part I, Paragraph 1.B., the following covenants are deemed not applicable and are expressly deleted: None PART V. EXHIBITS A. Project Description, Scope of Activities and Anticipated Accomplishments B. Authorized Signature Card C. Budget Summary D. Pre-Award Risk Assessment Monitoring Plan (required by 2 CFR Part 200.331(e) E. Insurance Modification Form (where applicable) Page 28 of 28 ccfnr5_2016 City R Tigard,#8118, Commercial St. Sidewalk PROJECT DESCRIPTION, SCOPE OF ACTIVITIES AND ANTICIPATED ACCOMPLISHMENTS 2016-2017 CDBG Program Year 1. Federal Award Information A. Federal Award Number: B-16-UC-41-0002 B. CFDA #:14.218 C. Amount of Federal Funds: See III.E. below The Federal Award Information shown above must be passed on to any subaward made under this contract. II. Washington County Project Number and Title: CDBG Project #8118, City of Tigard, Commercial Street Sidewalk III. Description of: Project, Activities, Anticipated Accomplishments, Low and Moderate or Other Target Group Beneficiaries. A. Nature and Purpose of the Project: The City of Tigard will make 500 lineal feet of improvements to the sidewalks along the north side of Commercial Street between Lincoln Street and 95th Avenue in Tigard. Completion of this project will close two key sidewalk gaps directly next to transit service in a 54.91% low/mod income neighborhood where pedestrian and traffic volumes are the highest. CDBG funds will be used for the professional design and engineering services as well as the construction costs associated with constructing approximately 500 lineal feet of sidewalk including four driveway crossings, two accessible curb ramps and associated work with drainage and excavation. B. Proposed Location or Impact Area(s): Commercial Street between Lincoln Street and 95th Avenue. C. Duration/Timing of the Project: July 1 , 2016 — June 30, 2017 D. Number of Low and Moderate Income or Target Group Beneficiaries: 895 low and moderate income persons E. Component Activities (CDBG vs. Others): CDBG = $170,000 Agency = $25,000 F. Quantitative Projections for CDBG Component Activities (in units, linear feet, square feet, etc.) for all acquisitions, construction, reconstruction, rehabilitation, etc.: CDBG funds will be used to pay for the professional design and engineering costs as well as the construction costs associated with constructing approximately about 500 lineal feet of sidewalk including four driveway crossings, two accessible curb ramps and associated work with drainage and excavation. EXHIBIT A Project No. CDBG 8118 Project Year Funded 2017 AUTHORIZATION SIGNATURE CARD Project Name CDBG #8118 — Commercial Street Sidewalk Applicant's Name City of Tigard Address 13125 SW Hall Blvd. City, State, Zip Tigard, OR 97223 Telephone Number 503-718-2462 SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: Any TWO signatures required to sign any financial document NAME SIGNATURE Andrew Newbury , ,\,. Lori Faha Kim McMillan Toby LaFrance Marty Wine Cara Fitzpatrick I certify that the signatures above are of the individuals authorized to execute financial documents. �a .�0 l (o Date Signature of Authorized Official (04r4--t� a L• GCSE Title of Authorized Official JJ EXHIBIT B Project Number: CDBG #8118 Project Year(funded): 2017 Budget Summary (2 page form -see Excel tabs ) Project Title: CDBG Project#8118, City of Tigard, Commercial Street Sidewalk 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 1. No. of 4. Portion Chargeable Employees 2. Job Title 3. Total Salary to CDBG 5. Subtotal $0.00 $0.00 6. Extra Help/Overtime 7. Fringe Benefits 8. TOTAL PERSONNEL COSTS $0.00 $0.00 B. Materials and Supplies Portion Chargeable Materials and Services to CDBG 9. Office Supplies 10. Operating Supplies 11. Communications 12. Travel and Training 13. Legal & Public Notices 14. Professional Services $69,000.00 $60,000.00 15. Construction Contracts $115,000.00 $110,000.00 16. Other (specify): Property Acquisition $11,000.00 $0.00 17. TOTAL MATERIALS AND SERVICES $195,000.00 $170,000.00 EXHIBIT C Total Portion Chargeable to C. CAPITAL OUTLAY Captital Outlay CDBG 18. Capital Outlay: Quantity Item 20. TOTAL CAPITAL OUTLAY $0.00 $0.00 21. Total Project Cost 22. Total CDBG Award $195,000.00 $170,000.00 II. SOURCES OF PROJECT FUNDING 1. Federal 2. State 3. Local Cash $25,000.00 4. County 5. In-Kind Service and Supply 6. Other: Unrestricted Private Contributions 7. Subtotal $25,000.00 8. Community Development Block Grant $170,000.00 9. TOTAL PROJECT COST $195,000.00 III. AUTHORIZATION 3(2 Z/t b Date Authorized Signature for Pr ' ct Date Authorized Signature for Project COUNTY USE ONLY Reviewed and approved by Washington County Office of Commuity Developme on 2011 by J—e qo.e, �Yo,- Sig ture EXHIBIT C FY16/17 Washington County Subrecipient Pre-award Risk Assessment Form City/Agency Name: City of Tigard Exhibit D: Pre-Award Risk Assessment Monitoring Plan This attachment is made a part of this contract. Subrecipient agrees to perform these additional monitoring items listed below to comply with 2 CFR 200.331 (e). Subrecipient Risk Level The Subrecipient Risk Level for City of Tigard for Program Year 2016/17 is considered (LOW). The required actions for low risk level are: 1) an annual submission of financial statements and related reports, and 2) monitoring as indicated in the Office of Community Development Procedures Manual, generally scheduled December of 2016 or upon completion of project if project is a construction/acquisition project. Exhibit D