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Washington County - BCC 09-0721 Garrett Street Sidewalks bcc AGREEMENT between WASHINGTON COUNTY and CITY OF TIGARD This Agreement, entered into this/�day of �� _, between Washington County, a municipality of the State of Orego here after referred to as the "County"), and the City of Tigard, (hereinafter referred to as the "City") RECITALS A The County is an urban county applicant for Block Grant funds under the Housing and Community Development Act of 1974 (the Act), 42 USC 301 et seq as amended, and the National Affordable Housing Act of 1990, and will receive Block Grant funds for the purpose of carrying out eligible community development and housing activities under the Acts and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570, B The County and various cities within the County, including the City, have agreed to cooperate in the undertaking of essential community development and housing activities, C The County desires to have certain services performed by the City as described within this Agreement for the purpose of implementing eligible activities under the Act and HUD regulations, D It is appropriate and mutually desirable that the City be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, state law and local law are adhered to, as provided for herein, E The purpose of this Agreement is to provide for the cooperation between the County and the City, as the parties in this Agreement, in implementing such eligible activities in the manner described above, F The parties are authorized and empowered to enter into this Agreement by ORS 190 010 et seg , by the Constitution of the State of Oregon, and G Therefore, in consideration of the payments, covenants, and agreements hereinafter mentioned and to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this Agreement Ccfnr_4 2006 Page 1 of 27 CITY L)F jT_G )y`j) WASHINGTON COUNTY gn ture — Chairman, Board of County Commissioners Signature C7��� �, Recording Secre ry '/ 4L F _q o� Datejl 0 Date ��nOV�O WkSjjjjvG QN CIDOMY BOARD OI'CoFAffQ,41SS10NE5 APPROVED AS TO FORM 8 11 -0 ti; d.L+ ........are as.oe-as+eaell9/3¢COafl`'1C+0.'r ( (sIPd4'.EShLI Attorney for the Washington County Office of Community Development Ccfnr_4 2006 Page 2 of 27 INDEX TO CONTRACT AGREEMENT PART I GENERAL CONDITIONS 1 Scope of Agreement and Applicability to Terms and Conditions of this Agreement 2 Scope of Services 3 Commencement and Termination of Projects 4 Administration 5 Operating Budget 6 Compensation and Method of Payment 7 Interest in Property 8 Funding Alternatives and Future Support 9 Amendments 10 Assignment and Subcontracting 11 Hold Harmless and Indemnification 12 Conflict of Interest 13 Default and Suspension 14 Enforcement 15 Appeal 16 Termination 17 Prohibition on the Use of Debarred Contractors 18 Attorney Fees and Costs 19 Extensions Ccfnr_4 2006 Page 3 of 27 PART II FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS 1 Procurement Standards 2 Environmental Review 3 Nondiscrimination 4 Property Management 5 Labor Standards 6 Acquisition and Relocation 7 Architectural Barriers 8 Nonparticipation in Political Activities 9 Nonsubstitution for Local Funding 10 Public Information 11 Applicability of Laws Under This Agreement 12 Certification Regarding Lobbying 13 Certification Regarding Use of Excessive Force Part III EVALUATION AND RECORD KEEPING 1 Evaluation 2 Audits and Inspections 3 Records 4 Retention of Records PART IV SPECIAL CONDITIONS Ccfnr_4 2006 Page 4 of 27 PART V EXHIBITS A Project Description, Scope of Activities and Anticipated Accomplishments B. Authorized Signature Card C Budget Summary Ccfnr_4 2006 Page 5 of 27 PART I GENERAL CONDITIONS 1 SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS OF THIS AGREEMENT A This Agreement shall consist of the signature page, the general and special conditions, the federal, state and local program requirements, the evaluation and record keeping requirements, each and every project exhibit incorporated in the Agreement, all matters and laws incorporated by reference herein, and any written amendments made according to the general conditions This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement B Depending upon the specific nature of the project, services or purposes for which Block Grant funds are being provided pursuant to this Agreement, certain terms and conditions contained herein may be made inapplicable by their express citation in Part IV, Special Conditions Except as so expressly excluded, all terms and conditions contained herein have full application, force and effect 2 SCOPE OF SERVICES A The City shall perform and carry out in a satisfactory and proper manner the services set forth in Exhibit A attached hereto which specifies work to be performed The Agreement may be amended from time to time in accordance with the general conditions for the purpose of amending the scope of work or for any other lawful purpose B Any conflict or dispute that may arise with regard to any aspect of CDBG activities for the project shall be resolved by the County's interpretation of the specifications contained in the original project proposal, the current Program Policies, and the County's Office of Community Development CDBG Procedures Manual Any such determination made by the County shall be final 3 COMMENCEMENT AND TERMINATION OF PROJECTS A Upon release of project-related funds by HUD pursuant to 24 CFR Part 58 70, the County shall furnish the City with written notice to proceed No work on the project shall occur prior to the receipt of written notice to proceed from the County B All project funds shall be obligated and expended within the project year unless the County and the City agree to an amendment extending project activities beyond the Project Year For the purposes of this Agreement, Ccfnr_4 2006 Page 6 of 27 "Project Year" shall mean the period from August 4, 2009 through August 3, 2010 C Any property acquired or improved in whole or in part with CDBG funds shall be used to meet one of the national objectives set forth in 24 CFR 570 208 for a period of twenty (20) years or until August 3, 2030 unless otherwise modified in writing by the parties to this contract 4 ADMINISTRATION A The City shall appoint a liaison person who shall be responsible for overall administration of Block Grant funded project(s) and coordination with the County's Office of Community Development The name of the liaison person shall be specified in writing and submitted to the County's Office of Community Development The City shall also designate one or more representatives who shall be authorized by the City to sign the Voucher Request and any other forms which may be required The names of these representatives shall be specified in Exhibit B B This Agreement is subject to and supplemental to the Agreement of Intergovernmental Cooperation entered into between the County and participating municipalities 5 OPERATING BUDGET A The City shall expend the funds received from the County under this Agreement in accordance with the budget summary submitted by the City to, and approved by, the County Such budget summary is attached to this Agreement as Exhibit C No line item expense in the approved budget shall be changed without a budget revision approved by the County's Office of Community Development The budget revision shall specifically state the reasons for the requested increase and a justification for the corresponding decrease in another line item Budget revision(s) must be approved by OCD before any costs are incurred by the City B The difference between the approved budget amount on a budget line item and a lower or higher bid or quote, in any line item, shall be reported to the County Excess funds generated by a lower bid or quote shall be considered surplus The City may submit a budget revision requesting the use of any such surplus, which shall be approved or denied at the discretion of the OCD Ccfnr_4 2006 Page 7 of 27 C Matching funds identified in Exhibit C shall mean all funds from non-CDBG sources, including in-kind contributions of staff and materials, other grant sources, charitable contributions, volunteer labor, donated materials and services, and similar items of value to the project Matching funds shall be used for project purposes, and shall be included within the scope of Audits and Inspections conducted under Part III, Section 2 of this Agreement Increases in matching funds shall be reported to County and the Operating Budget shall be revised accordingly by the OCD D No later than 90 days from the date the County approves the proposed list of activities, which includes this project, the City shall submit to the County's Office of Community Development written evidence that substantiates the matching funds pledged by the City are available The availability of pledged funds means all approvals, guarantees, or third party commitments from subrecipients or cosponsors, have been received and will enable the City to officially obligate those matching funds In the event the City fails to submit such evidence or the evidence is deemed by the County to be unacceptable, the County may exercise its termination options under Part I Section 14 of this agreement 6 COMPENSATION AND METHOD OF PAYMENT A Subject to the availability of funds from HUD, the County shall reimburse the City for the services specified in Exhibit A Reimbursement shall be requested by the City by submitting a Community Development Voucher Request (OCD Form 2) and a Program Accomplishments reporting form (OCD Form 3), the forms are to be signed by the City's authorized representatives in a manner prescribed by the County B The County will make payment to the City within two (2) weeks or as soon as practic-able after said invoice is received and approved by the Washington County Office of Community Development 7 INTEREST IN PROPERTY A Real Property - In accordance with HUD Regulation 24 CFR, 570 503(b)(8), upon expiration or termination of this agreement the City shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds Real property under the City's control that was acquired or improved in whole or in part in excess of $25,000 will be used to (1) meet its original national objective for the time period specified in Part I Section 3 C of this agreement, or (2) disposed of in a manner that results in reimbursement to the County in the amount equal to the current fair market value less any portions attributable to expenditure of non-CDBG funds for acquisition of, or improvement to, the property Ccfnr 4 2006 Page 8 of 27 B Personal Property - Any personal property on hand at the time of the expiration of the project year of this Agreement shall be disposed of in accordance with 24 CFR 85 32 C Program Income (1) The City shall record the receipt and expenditure of program income as defined in 24 CFR 570 500(a) of the financial transactions of the project(s) funded under this Agreement Program income shall be reported with each voucher request and substantially disbursed for the benefit of the project(s) funded by this Agreement in accordance with the principles of 24 CFR 570 504 (b)(2)(i) and (ii) Program income which is not used to continue or benefit such project(s) shall revert back to the Block Grant Fund for reallocation by the County (2) The City may retain program income provided it is used in accordance with regulations in 24 CFR 570 504, and pursuant to adopted local CDBG program policies The County shall determine whether income is being used to continue or benefit a project or projects authorized by this Agreement (3) Program income on hand when the Agreement expires and received after the Agreement's expiration must be used by the subrecipient to meet its original national objective for the time period specified in Part I Section 3 C of this Agreement The County may transfer the program income to the City, upon its termination of urban county participation provided the City has become an entitlement grantee and agrees to use the program income in its own CDBG entitlement program D Appraisals, Promissory Note and Trust Deed (1) For any real property acquired, constructed or rehabilitated with CDBG funds, the City shall provide the County with an appraisal of the property The appraisal shall be conducted by a certified appraiser whose services shall be paid for by the City The purpose of such an appraisal is to (a) conform to any federal real property acquisition requirements, and/or (b) to establish a baseline figure for the purpose of entering into a promissory note and trust deed as specified below The appraisal shall be conducted within 45 days of notification to do so by the County (2) City shall execute a Promissory Note and Trust Deed for any facility constructed, acquired or rehabilitated with Community Development Block Grant funds The Promissory Note and Trust deed shall be executed at such time as required by the County Ccfnr_4 2006 Page 9 of 27 (3) City agrees to comply with all agreements, covenants and restrictions contained in the Promissory Note and Trust Deed, and all applicable federal, state and local regulations during the terms of the Promissory Note and Trust Deed (4) City agrees to pay all escrow fees including all costs associated with the recording of Trust Deed or other legal instruments necessary for the County to protect its interest in the project 8 FUNDING ALTERNATIVES AND FUTURE SUPPORT A The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement B Should anticipated sources of revenue not become available to the County for use in the Community Development Program, the County shall immediately notify the City in writing, and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County 9 AMENDMENTS This Agreement shall be modified by the parties only upon written amendment 10 ASSIGNMENT AND SUBCONTRACTING A The City shall not enter into any contracts assigning any interest under this Agreement without the written approval of the County Such consent shall be requested 15 days prior to the date of any proposed assignment B The County shall assume no liability for acts and omissions of contractors or subcontractors employed or hired by the City. 11 HOLD HARMLESS AND INDEMNIFICATION The City agrees to defend, save, hold harmless and indemnify the County, its commissioners, employees and agents for any and all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from City's own negligence, performance of or failure to perform the obligations of this Agreement and any agreement resulting from this Agreement Ccfnr 4 2006 Page 10 of 27 12 CONFLICT OF INTEREST A Interest of Officers, Employees, or Agents - No officer, employee, or agent of the County or City who exercises any functions or responsibilities in connection with the planning and carrying out of the Block Grant Program, or any other person who exercises any functions or responsibilities in connection with the Program, shall have any personal financial interest, direct or indirect, in this Agreement and the County and City shall take appropriate steps to assure compliance B Interest of Subcontractor and Their Employees - The City agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provision The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Contract The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed Any interest on the part of the Contractor or his employees must be disclosed to the City or the County 13 DEFAULT AND SUSPENSION A Each of the following events shall constitute a default on the part of the City (1) Material noncompliance with the terms of this Agreement, the Award, any and all applicable state or federal laws and regulations, (2) Mismanagement or improper use of Award funds, (3) Failure to obligate required funds or to provide work or services expressed by this Agreement, (4) Failure to submit reports, supplying incomplete or inaccurate reports required by Part III herein Ccfnr_4 2006 Page 11 of 27 B Each of the following events shall constitute a default on the part of the County (1) Material noncompliance with the terms of this Agreement, the Award, any and all applicable state and federal laws and regulations, (2) Failure to provide funding for services rendered as required by this Agreement and law 14 ENFORCEMENT A In the event the City is found in default under the terms of this Agreement the County may (1) Withhold any or all of any pending or future payments until the default is cured, (2) Suspend all or part of this Agreement or Award herein, (3) Prohibit the City from incurring additional obligations of funds until the County notifies the City in writing that the default is cured, (4) Disallow or deny both the use of funds and matching credit of the activity or action not in compliance, (5) Take any and all other legal or equitable remedies available B Any costs attributed to the program which were lawfully incurred prior to any suspension or termination will be considered properly incurred. Any costs attributed to the program during or after any suspension or termination are specifically not allowed without express written consent by the County 15 APPEAL In the event the County takes an action to enforce the terms of this Agreement, the Award or to enforce compliance with applicable state and federal law, the City may appeal such action in the manner provided in this section as follows (1) The County shall provide the City with written notice of the default and the right to cure, if any, (2) The City may pursue an informal appeal by contacting the Manager of the Office of Community Development Ccfnr_4 2006 Page 12 of 27 (3) The City may appeal the informal decision of the Manager by submitting a written objection of the enforcement action directly to the Community Development Policy Advisory Board (PAB) (a) The PAB may consider oral argument, written testimony and any other such evidence it considers relevant to a determination (b) The PAB shall consider all information and reach a determination based upon the record submitted and prepare a written finding (c) The City shall have the opportunity to provide oral testimony if a hearing is conducted If a formal hearing is not held the City shall have the opportunity to submit written objections, arguments and other material relevant to its position (d) The findings of the PAB are final and no further appeal is allowed 16 TERMINATION A This Agreement shall terminate upon any of the following events (1) Termination following default as defined previously, (2) The failure by the County to provide funding for services rendered as required by this Agreement, (3) The unavailability of Block Grant funds from either the federal government or through the County B This Agreement will terminate upon thirty days written notice by the County in the event funding is no longer available C Upon termination of this,Agreement, any unexpended balance of Agreement funds shall remain with the County The regulations relating to reimbursement of Block Grant funds shall be applicable to the City for expended funds in accordance with HUD Regulation 24 CFR, 570 503(b)(8) and Part I, Section 7 herein D The City shall reimburse the County for any and all funds expended in violation of the terms of this Agreement, state or federal law Ccfnr_4 2006 Page 13 of 27 17 PROHIBITION ON THE USE OF DEBARRED CONTRACTORS CDBG funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24 The City shall not make any award at any tier to any party which is debarred, suspended or excluded from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension " 18 ATTORNEY FEES AND COSTS This Agreement shall be governed by the laws of the State of Oregon and federal law Any action or suit commenced in connection with this Agreement shall be in the Circuit Court of Washington County The prevailing party, either in Circuit Court or on appeal, shall be entitled to reasonable attorney fees and costs and disbursements as awarded by the Court 19 EXTENSIONS ,If in the determination of the Office of Community Development (OCD) a time extension is necessary or appropriate, an extension of the term of this Agreement for an additional period may be granted to the City by the County's Office of Community Development provided the City requests such an extension, in writing, at least two (2) weeks prior to the last expiration date contained in this Agreement Additional extension(s) may be granted by the OCD Program Manager in case of extenuating circumstances 20 The terms, conditions, representations, obligations and warranties set forth in this Agreement shall survive the termination or expiration of this Agreement Ccfnr_4 2006 Page 14 of 27 PART II FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS 1 PROCUREMENT STANDARDS A In awarding contracts pursuant to this Agreement, the City shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages In addition, the City shall comply with the requirements of the 24 CFR Part 85 36 relating to bonding, insurance and procurement standards; and with Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination bid conditions for projects over $25,000 B The City agrees to submit copies of all contracts, agreements, plans, specifications and change orders related to the project to the County's Office of Community Development in a timely manner No plan specification or change order shall be used or implemented if it increases the total project cost without approval from the Office of Community Development C The City shall make available to each contractor bidding on any activity under this Agreement a listing of minority business enterprises (MBEs) 2 ENVIRONMENTAL REVIEW A The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58) The County shall require the City to furnish data, information and assistance for the County's review and assessment in fulfillment of the County's responsibilities under 24 CFR, Part 58 B The City shall not proceed with the acquisition of real property or any construction activities under this Agreement until satisfaction of all applicable requirements of the National Environmental Policy Act C Other Environmental Compliance Requirements Ccfnr_4 2006 Page 15 of 27 (1) Historic Preservation The City shall meet the historic preservation requirements of the National Historic Preservation Act of 1966 (Public Law 89-665) and the Archeological and Historic Preservation Act of 1974 (Public Law 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR Part 800 Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR Part 58 (2) National Flood Insurance The City shall not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) and 202 (a) of the Flood Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24 CFR, Section 570 605 (3) Air and Water Pollution The City shall comply with the provisions of the Clean Air Act, as amended (42 USC Section [1857] 7401 et seg ) and the regulations issued thereunder (40 CFR Part 15) and the Water Pollution Act, 33 U S C 1251 et seq (4) Lead-Based Paint Poisoning Pursuant to 24 CFR, 570 608 the City shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act, as amended, (42 USC Section 4851 et se ) requiring prohibition of the use of lead-based paint whenever funds under this Agreement are used directly or indirectly for acquisition, construction, rehabilitation, or modernization, elimination of immediate lead-based paint hazards in residential structures, and notification of the hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978 (5) Endangered Species Act The City shall comply with the provisions of the Endangered Species Act of 1973, as amended (16 USC Section 1531 et seq ), particularly Section 7 of the regulations thereunder (50 CFR Part 402) Ccfnr_4 2006 Page 16 of 27 3 NONDISCRIMINATION A General The City shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, familial status, race, creed, color, national origin, or disability These requirements are specified in Section 109 of the Housing and Community Development Act of 1974 "as amended", Civil Rights Act of 1964, Title VI (42 USC 2000d et seq ), Civil Rights Act of 1968, Title VIII (42 USC 3601 et seq ), Executive Order 11063, as amended by Executive Order 12259, Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60), Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701 u), and Section 504 of the Rehabilitation Act of 1973, (29 USC 794), Americans With Disabilities Act (ADA) (42 USC 12101), and the Age Discrimination Act of 1975 (42 USC 6101 et seq ) Specifically, the City is prohibited from taking any discriminatory actions defined in the HUD regulations at 24 CFR 570 602 and 24 CFR Part 6 and shall take such affirmative and corrective actions as required by the regulations at 24 CFR Part 6 These requirements are summarized in the following paragraphs (1) Program Benefit The City shall not discriminate against any resident of the project service area by denying benefit from or participation in any Block Grant funded activity on the basis of race, color, sex, national origin, disability, age, and familial status (Civil Rights Act of 1964, Title VI, Civil Rights Act of 1968, Title VIII, Section 109, Housing and Community Development Act of 1974, Age Discrimination Act 1975, Americans With Disabilities Act (ADA) (42 USC 12101), Section 504, Rehabilitation Act of 1973 ) (2) Fair Housing The City shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the Federal Government (Civil Rights Act of 1968, Title VIII, as amended, Executive Order 11063, as amended by Executive Order 12259 ) (3) Employment (a) In all solicitations under this Agreement the City shall state that all qualified applicants will be considered for employment The words, "Equal Opportunity Employer" in all advertisements shall constitute compliance with this Section (b) The City shall not discriminate against any employee or applicant for employment in connection with the Agreement because of age, sex, familial status, disability, race, creed, color or national origin, except when there is a bona fide occupational limitation The City shall not refuse to hire, employ or promote, or bar, discharge, dismiss, reduce Ccfnr_4 2006 Page 17 of 27 in compensation, suspend, demote, or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved Such action shall include, but not be limited to the following Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (Executive Order 11246 as amended, and Section 504 of the Rehabilitation Act of 1973, Americans With Disabilities Act (ADA) (42 USC 12101), and the Age Discrimination Act of 1975 ) (c) This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the funding approval (4) Persons With Disabilities As required by 24 CFR, Part 8 51 the City shall conduct a self-evaluation and take corrective action to ensure reasonable accommodation in programs and services to persons with disabilities The City shall provide County with a completed self- evaluation checklist, in the form set forth in County's CDBG Procedures Manual (5) Contractors and Suppliers (a) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, familial status, race, creed, color, or national origin No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment (Executive Order 11246 as amended, and Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975 ) (b) To the greatest extent feasible, the City shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by the Ccfnr_4 2006 Page 18 of 27 Block Grant funded activities or owned in substantial part by project area residents (Section 3, Housing and Community Development Act of 1968, as amended ) B In the event of noncompliance by the City with any nondiscrimination provisions of this Agreement, the County shall have the right in whole or in part to cancel this Agreement in accordance with Part I, Section 14 4 PROPERTY MANAGEMENT The City, as a subgrantee, agrees that any property, equipment, or supplies purchased wholly or in part with program funds shall be managed under the same guidelines applicable to the County, pursuant to 24 CFR Part 85 5 LABOR STANDARDS A The City shall require that project construction and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-276(a)(5), and that they comply with the Copeland "Anti-Kickback" Act, as amended (40 U S C 276(c) and the Contract Work Hours and Safety Standards Act (40 U S C 327 et seq ) as further prescribed at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to rehabilitation of residential property designed for residential use by less than eight units, or to rehabilitation of rental property consisting of less than twelve units B A copy of the current Davis-Bacon wages must be included in all construction bid specifications and/or contracts over$2,000 C If the Project constitutes a public work as defined in ORS 279C 840, unless the Project is otherwise exempt, City shall require and ensure that all of its agreements with and between contractors and subcontractors contain provisions (a) requiring compliance with ORS 279C 840, (b) stating the existing state prevailing wage rate and, if applicable, the federal prevailing rate of wage required under the Davis bacon Act (40 U S C 276a)that may be paid to workers in each trade or occupation required for public works employed in the performance of the contract either by the contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract, (c) requiring that workers not be paid less than the specified minimum hourly rate of wage in accordance with ORS 279C 838, (d) stating that a fee is required to be paid to the Commissioner of the Bureau Ccfnr 4 2006 Page 19 of 27 of Labor and Industries as provided under ORS 279C 825 pursuant to the administrative rule of the commissioner, and (e) requiring the contractor and every subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project unless exempt under ORS 279C 836(7) or(8) 6 ACQUISITION AND RELOCATION A Any acquisition of real property by a unit of government for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 amended as Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter referred to as the Uniform Relocation Act) (42 USC 4601 et seq ) and the Regulations at 24 CFR Part 42 as amended effective April 2, 1987 B Any displacement of persons, business, nonprofit organizations or farms as a result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act and the regulations at 24 CFR Part 42 The City shall comply with the regulations pertaining to costs of relocation at 24 CFR Section 570 606 and the Washington County CDBG Program Policies 7 ARCHITECTURAL BARRIERS Any facility constructed or altered pursuant to this Agreement shall comply with design requirements of the Uniform Federal Accessibility Standards (UFAS) 8 NONPARTICIPATION IN POLITICAL ACTIVITIES The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15) 9 NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant funding made available under this Agreement shall not be utilized by the City to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement 10 PUBLIC INFORMATION All written materials (reports, brochures, promotional or informational items), news releases, and other public notices produced by or for the City shall acknowledge the source of funding as being derived from the Department of Housing and Urban Ccfnr_4 2006 Page 20 of 27 Development and provided through the Washington County Community Development Block Grant Program 11 APPLICABILITY OF LAWS UNDER THIS AGREEMENT To the extent applicable to the City's acceptance and use of funds under this Agreement, the City shall comply with the policies, guidelines and Uniform Administrative Requirements of OMB Circulars A-87, A-133, and 24 CFR, Part 85 (implemented at 24 CFR, Part 570 502) 12 CERTIFICATION REGARDING LOBBYING The City Certifies, by affixing its authorized signature(s) to this agreement that, to the best of the City's knowledge and belief A No Federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the entering into this cooperative agreement, and the extension, continuation, renewal, amendment, or modification of this cooperative agreement B If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (Available through the Office of Community Development ) C. The City shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly 13 CERTIFICATION REGARDING USE OF EXCESSIVE FORCE The City in accordance with Section 519 of Public Law 101-144, 1990 HUD Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that the City will not use excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations Ccfnr_4 2006 Page 21 of 27 PART III EVALUATION AND RECORD KEEPING 1 EVALUATION The City agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate federal agency, and to make available all information required by any such evaluation process 2 AUDITS AND INSPECTIONS A The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the County, federal or state officials so authorized by law during the performance of this Agreement and during the period of records retention specified in this Part III at paragraph 4 B The City shall be responsible for meeting the audit requirements established in the U S Office of Management and Budget Circular A-133 Upon request of the County's Office of Community Development, the City shall be required to provide audit information relative to any project or activity funded under the terms of this Agreement 3 RECORDS In the event the City sponsors multiple projects, each project shall be maintained under a separate file system and kept in a manner recommended by the County As required by HUD regulations, the City shall compile and maintain records as indicated A Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement in accordance with the provisions of 24 CFR Part 85 20 These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income B Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded Block Grant projects Ccfnr_4 2006 Page 22 of 27 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 dust compensation was based (g) Determination of Just Compensation - A copy of the resolution, certification, motion or other document constituting the determination of dust compensation (h) Purchase Offer- A copy of written purchase offer of dust 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 Ccfnr_4 2006 Page 23 of 27 (j) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Title exceptions - A copy of each such document and any similar or related document utilized in conveyance (k) Settlement Cost Reporting Statement -A signed copy of the statement (1) Purchase of Price Receipt - Evidence of owner receipt of purchase price payment (m) Copy of any appeal or complaint and City response 2 If the City opts not to exercise its power of eminent domain and acquires real property through voluntary acquisition, City acquisition files must contain the following records (a) Identification of property and property owners (b) Letter sent to Seller (prior to City making an offer on the property) which states 1 Federal CDBG funds may be used on this project 2 The Buyer has the power of eminent domain but will not use its power of eminent domain to purchase the property 3 Seller is not eligible for benefits under the URA under this type of voluntary acquisition 4 The current appraised value of the property, or other indication of fair market value approved in advance by the County The seller must sign, date, and return the letter, thus documenting receipt (c) Appraisal Reports - A copy of each appraisal report, including reviewer's report, on which determination of dust 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 Ccfnr_4 2006 Page 24 of 27 (g) Evidence that the property is not part of a designated project area where substantially all the properties in the area will be purchased within a specified timeframe The documentation must also show that the City does not require a specific site for the program or activity, instead, the documentation must show that the City is willing to consider alternative sites E Equal Opportunity - The City will maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement The City shall also maintain data which records its affirmative action in equal opportunity employment, and its good faith efforts to identify, train, and/or hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project F Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR Part 570 605 G Miscellaneous Records - The City shall maintain such other records as may be required by the County and/or HUD 4 RETENTION OF RECORDS As required in 24 CFR 85 42, required records shall be retained for a period of four (4) years following the date of the submission of the final grantee performance report in which the activity is covered, except as follows A Records that are the subject of audit findings shall be retained for four (4) years or until such audit findings have been resolved, whichever is later B Records for Real Property and Equipment shall be retained for four (4) years after its final disposition The retention period starts from the date of disposition, replacement, or transfer at the direction of the County Equipment is defined in 24 CFR Part 85 32 and real property is defined in 24 CFR Part 570 505 C Records for any displaced person shall be retained for four (4) years after such person has received final payment Ccfnr_4 2006 Page 25 of 27 PART IV SPECIAL CONDITIONS 1 The City shall execute this agreement no later than 30 days following the date of the County's letter of transmittal 2 At least five (5) days prior to soliciting bids the City shall make available to the County's Office of Community Development, a draft copy of the Bid Specifications (including drawings, if applicable) At a minimum, the draft specifications shall include the date of bid solicitation, date of bid opening or final date of phone solicitations, as applicable, proposed work activities, and anticipated award date In addition, the City will provide a written,construction cost estimate and a projected start of construction 3 Within ten (10) days after the Pre-construction Conference, the City shall make available to the Office of Community Development a copy of the following documents Final Bid Specifications (including drawings, if applicable), all signed contract documents between the City and the Contractor, the City's Notice to Proceed, all required bonds obtained by the contractor, and a graph illustrating the work activities and projected schedule for each of the activities 4 On, or about, the first working day of each month, the City shall submit to the Office of Community Development a written Monthly Progress Report on the construction/rehabilitation activities The report shall indicate the Progress Report #, Date of Report, CDBG Project Name & #, Contact Person, Phone #, and Reporting Period In addition the report shall contain a narrative description of activities accomplished during the past month, activities anticipated to be accomplished in the next month, percentage of construction/rehabilitation activities completed to date, and estimated date — end of construction Finally, the City shall provide the Office of Community Development with a one (1) month "Rolling Schedule" of work activities 5 In accordance with Part I, Paragraph 1 B , the following covenants are deemed not applicable and are expressly deleted Ccfnr_4 2006 Page 26 of 27 PART V EXHIBITS A Project Description, Scope of Activities and Anticipated Accomplishments B Authorized Signature Card C Budget Summary Ccfnr_4 2006 Page 27 of 27 ! LL i' PROJECT DESCRIPTION, SCOPE OF ACTIVITIES AND ANTICIPATED ACCOMPLISHMENTS 2009-2010 CDBG Program Year I Prosect Number and Title CDBG Project #1123, Tigard, Garrett Street Sidewalks II Description of Project, Activities, Anticipated Accomplishments, Low and Moderate or Other Target Group Beneficiaries A Nature and Purpose of the Project Construction of sidewalks and associated storm drainage facilities on one side of Garrett Street to current city standards This section of the street contains many "gaps" along the street creating hazards for both pedestrians and drivers B Proposed Location or Impact Area(s) Along the west-side of Garrett Street between Highway 99W and SW Ash Avenue, Tigard, OR C Duration/Timing of the Project August 4, 2009 —August 3, 2010 D Number of Low and Moderate Income or Target Group Beneficiaries 193 Low to Moderate-income persons will be served E Component Activities (CDBG vs Others) CDBG = $141,790 City = $24,770 F Quantitative Projections for CDBG Component Activities (in units, linear feet, square feet, etc ) for all acquisitions, construction, reconstruction, rehabilitation, etc Construct 795 lineal feet of new in-fill sidewalks and associated storm drainage facilities along the west-side of Garrett Street EXHIBIT A S/con08/0102 KC scope Project No r/ ZJ Project Year Funded O AUTHORIZATION SIGNATURE CARD Project Name G r, rr�—# ',,5/;-�--�z-� J/C,;/L-"'1cz,/kr 1 Applicant's Name C- 4 i C/ Address /`3 2 L.e! 161CC City, State, Zip r Telephone Number 2 Q j — 7/S SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS Any TWO signatures required to sign any financial document NAME SIGNATURE VA-ti N(C- K)c N Lin \AJ 4 �3 t'ps I certify that the signatures above are of the individuals authorized to execute financial documents dtD I to Signat of Authonzed Official Title of thonzed Oficial EXHIBIT B PrgedNo 1123 UVIV Project Year (funded) 09/10 BUDGETSUMMARY MARY Community Development Block Grant Project Title Garrett Street Sidewalks Legal Name of Entity City of Tigard Address 13125 SW Hall Boulevard City Tigard State Oregon Zip 97223 1 BUDGET LINE ITEMS: A. PERSONNEL SERVICES: 1 Pro ect Planner $3,200 0 5 Subtotal $3,200 $0 6 Extra Help/Overtime 7 Fringe Benefits 8 TOTAL PERSONNEL COSTS $3,200 $0 , (� B MATERIALS & SERVICES: 9 Office Supplies $200 $0 10 Operating Supplies 11 Communications 12 Travel and Training 13 Legal & Public Notices 100 0 14 Professional Services $21,270 0 15 Construction Contracts $141,790 $141,790 16 Other Specify 17 TOTAL MATERIALS & SERVICES $163,360 $141,790 S\cdforms\bgtsum doc EXHIBIT C ogit, i"W- MI 18 Capital Outlay Quantity Item 19 Real Property Acquisition $0 $0 20 TOTAL CAPITAL OUTLAY $0 $0 $166,560 $141,790 11. SOURCES OF PROJECT FUNDING 1 Federal 2 State 3 Local Cash 4 County 5 In-Kind Service & Supply $24,770 6 Other (detail) 7 Subtotal $24,770 8 Community Development Block Grant $141,790 9 TOTAL PROJECT COST $166,560 Ill. AUTHORIZATION a( Date Au onz Jed Signa re for Proj+ Dauthoyfied Signature for Project --------------------------------------------------------------------------------------------------------------- COUNTY USE ONLY Reviewed and approved by Washington County Office of Comm Development on 57 20_ By Signature WASHINGTON COUNTY OREGON August 10, 2009 Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Subject Notice to Proceed CDBG Project #1123, City of Tigard, Garrett Street Sidewalks Dear Mayor Dirksen Enclosed is the City of Tigard's copy of the executed agreement between the County and the City for the above project An environmental clearance has been completed for the project and is on file in this office Accordingly, you may proceed to incur costs under this grant, effective August 10, 2009 Please be advised that the CDBG program will not be liable for any cost incurred prior to this date The CDBG Voucher Request form is available in electronic format You can access the form at http //www co washington or us/CommunityDevelopment/BlockGrant/forms cfm Then, click on Forms Be sure to contact Jeff Pogolowitz at 503-846-4436 if you have any questions regarding this project Sincerely, �tO � cV- Peg A Linden, Program Manager Offic of Community Development Enclosure cc Craig Prosser Duane Roberts S\Con-09\1123 NO2P Office of Community Development 328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967 phone (503) 846-8814 • fax (503) 846-2882