Washington County - No. 9142 Sidewalk Improvements 91st Avenue AGREEMENT
between
WASHINGTON COUNTY
and
CITY OF TIGARD
This Agreement, entered into this day of U , 199 , between Washington
County, a municipality of the State of Oregon (herei 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.
ccfn 3196-9142
Page 1 of 27
4
CITY WASHINGTON COUNTY
ature IY�c�'Or_ ��of7,-j .rd Chairman, Board of County
Commissioners
Signature C.ieo a ('c+1 Re ording Secretary
U, (3F- o"
C1t1ie)1aq —I j I I
Date Date �—
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
NNUTE ORDER 0
APPROVED AS TO FORM
DATE ............. `.�1,. .....,,,,........ea
Attorney for the Washington County Office of Community
Development
ccfnr3/96-9142
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
ccfnr3/96-9142
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
14. Certification Regarding A Drug-free Workplace
Part III. EVALUATION AND RECORD KEEPING
1. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
PART IV.SPECIAL CONDITIONS
ccfnr3/96-9142
Page 4 of 27
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
i
i
i
i
i
ccfnr3/96-9142
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
ccfnr3/9&9142
Page 6 of 27
activities beyond the Project Year. For the purposes of this Agreement,
"Project Year" shall mean the period from , 199_ through
' 199—.
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 June 30, 2016 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 iCity 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 bid or quote, in any line item, shall be reported to the County as
surplus. The City may submit a budget revision requesting the use of any
such surplus.
ccrnr3/W-91 a2
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,111, Section 2 of this Agreement.
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.,
are to be
signed by the City's authorized representatives in a manner prescribed by the
County.
B. The County will make payment to the City within two (2) weeks or as soon as
practicable after said invoice is received and approved by the Washington County
Office of Community Development.
7. INTEREST IN PROPERTY
A. Real Property - In accordance with HUD Regulation 24 CFR, 570.503(b)(8),
upon expiration of this agreement the City shall transfer to the County any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. Real property under the City's control that was acquired or
improved in whole or in part in excess of$25,000 will be used to (1) meet its
original national objective for the time period specified in Part I Section 3.0 of this
agreement; or (2) disposed of in a manner that results in reimbursement to the
County in the amount equal to the current fair market value less any portions
attributable to expenditure of non-CDBG'funds for acquisition of, or improvement
to, the property.
ccfnt3/96-9142
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.
ccfnr3/96-9142
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.
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 under this Agreement without the
written approval of the County. Such consent shall be requested 15 days
prior to the date of proposed assignment.
B. The County shall assume no liability for acts and omissions of contractors
or subcontractors employed 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, inciuding but not limited to reasonable attorney's fees, arising out
of or resulting from its own negligence, performance of or failure to perform the
obligations of any agreement resulting from this Agreement.
ccfnrWW9142
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 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 contract, 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 Ill herein.
B. Each of the following events shall constitute a default on the part of the
County:
ccfnr3l9&9142
Page 11 of 27
(1) Material noncompliance with.the terms of this contract, the Award,
any and all applicable state and federal laws and regulations;
(2) Failure to provide funding for services rendered as required by this
contract 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 Contract 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 Contract, 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.
xfnr3/96-9142
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 contract 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.
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.
ccfrn3/W9142
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 24CFR 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 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.
ccfnr3/Wgl42
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 and Part 85.37, 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:
ccfnr3/96-9142
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]n 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, andr 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 (42 USC Sections 4831 et seg.) 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.
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
ccfnr3/96-9142
Page 16 of 27
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(b)(1.)-(3) and shall.take such affirmative and corrective actions as required
by the regulations at CFR 570.602(b)(4). These requirements are summarized in
the following paragraphs:
(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
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,
ccfnr3/96-9142
Page 17 of 27
i
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 121:01); 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
Block Grantfunded activities or owned in substantial part by project
area residents. (Section 3, Housing and,-Community Development Act
of 1968, as amended.)
cctnr3//96-9142
Page 18 of 27
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.
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 1,987 (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).
ccfnr3/86-9142
Page 19 of 27
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
A. 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.
B. For all construction projects exceeding $50,000, the City shall erect a durable and
adequately visible sign at the construction site, identifying the source of funds.
Any signage.placed on a sponsored sight shall conform to the specifications
detailed in the County's Office of Community Development Procedures Manual.
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-128, (implemented at 24 CFR, Part 44), 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.
ccinr3/96-9142
Page 20 of 27
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.
14. CERTIFICATION REGARDING A DRUG-FREE WORKPLACE
A. The City certifies, by affixing its authorized signature(s) to this agreement that, as
a condition of receiving Community Development Block Grant funding, the City
will provide a drug free workplace for its employees and ensure:
(1) The City shall establish or have in effect policies and procedures that
prohibit the manufacture, distribution, dispensing, possession,or use of a
controlled substance in the workplace, and specify what actions will be
taken against employees for violation of such prohibitions.
(2) Policies and procedures established by the City shall provide for the
establishment of a drug-free awareness program, and require that each of
the City's employees be given a copy of the City's policy regarding the
drug-free workplace.
(3) The City shall also require its employees, as a condition of employment, to
abide by the terms of the City's policy, and that the employees will notify
the City of any criminal drug statute conviction for a violation no later than
five (5) days after such conviction, and that the City will notify the County's
Office of Community Development within ten (10) days after receiving
notice, or otherwise receiving actual notice of-such conviction.
ccfn 3/96-9142
Page 21 of 27
(4) The City agrees that it will take appropriate personnel actions, within thirty
(30) days of receiving notice with respect to any employee who is
convicted, up to and including termination; or requiring employee(s) to
participate in a drug abuse or rehabilitation program.
B. Failure to make a good faith effort to maintain a drug free workplace through the
implementation of this section;shall constitute a breach to this agreement and will
result in,termination of this agreement in accordance with Part I, Section 16.
ccfnr3/W9142
Page 22 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-128 and 24
CFR, Part 44. A copy of the project or program audit shall be made available to
the County's Office of Community Development for review and acknowledgment
no later than 60 days after completion of the audit.
3. RECORDS
In the event the City sponsors multiple projects, each project shall be maintained
under a separate file system and kept in a manner recommended by the County.
As required by HUD regulations,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.
ccfn 3/W9142
Page 23 of 27
• 1 \
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 - If the City acquires real property by exercising
its power of eminent domain, City acquisition files must contain the following
records:
(1) Identification of property and property owners.
(2) 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.
(3) 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.
(4) Preliminary Acquisition Notice -A citation of the date of transmittal to the
owner and evidence of receipt by owner.
(5) Invitation to Accompany Appraiser - Evidence that owner was invited to
accompany each appraiser on his inspection of the property.
(6) Appraisal Reports -A copy of each appraisal report, including reviewer's
report, on which determination of just compensation was based.
(7) Determination of Just Compensation -A copy of the resolution,
certification, motion or other document constituting the determination of just
compensation.
(8) 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".
(9) 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.
cdh 3/96-9142
Page 24 of 27
(10) 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.
(11) Settlement Cost Reporting Statement -A signed copy of the statement.
(12) -Purchase of Price Receipt - Evidence of owner receipt of purchase price
payment.
(13) Copy of any appeal or complaint and City response.
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,perform ing 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 three (3)
years following the date of the submission of the final.grantee performance report in
which the activity is covered, except as follows:
A. Records that are the subject of audit findings shall be retained for three years or
until such audit findings have been resolved, whichever is later.
B. Records for Real Property and Equipment shall be retained for three 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 three years after such
person has received final payment.
ccfnr3/96-9142
Page 25 of 27
A
PART IV. SPECIAL CONDITIONS
1. The City shall execute this agreement no later than 3.0 days following.the date of
the Co.unty's letter of transmittal.
2. Fifteen days prior to soliciting bids the City shall make available to the County's
Office of Community Development, in writing, a schedule of proposed activities to
include at least: the date of bid solicitation; date of bid opening or final date of
phone solicitations, as applicable; anticipated award date; and date of anticipated
construction. In addition, the City will provide a construction cost estimate.
3. In accordance with Part I, Paragraph 1.B., the following covenants are deemed not
applicable and are expressly deleted:
ccfnr3/9&9142
Page 26 of 27
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated Accomplishments
B. Authorized Signature Card
C. Budget Summary
ccfnrJ/Wg142
Page 27 of 27
PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
I. Project Number and Title:
CDBG Project#9142, Tigard, 91st Avenue Sidewalk Improvement
II. Description—Of: Project, Activities, Anticipated Accomplishments, Low and Moderate
or Other Target Group Beneficiaries.
A. Mature and Purpose of the Project:
Improve the roadway along 91 st Avenue, between Lincoln Street and
Greenburg Road, to alleviate safety concerns.
B. Proposed Location or Impact Areas):
91st Avenue, Tigard, between Lincoln Street and Greenburg Road.
C. Duration/Timing of the P[6iect:
July 1, '1997 to June 30, 1998
D. Number of Low and Moderate Income or Target Group Beneficiaries:
184 income qualified residents.
E. Component Activities (CDBG vs. Others:
CDBG = $166,800 Other = $23,200
F. Quantitative Projections for CDBG Component Activities:
Construct 1,440 lineal feet of 5 ft. sidewalk and curb; widen pavement by
800 feet; install 4 wheelchair ramps; 16 driveway aprons; 200 lineal feet
of 12 inch storm pipe; 4 catch basins; and 2 street lights. Acquire 7,200
feet of right-of-way and temporary construction easements.
Attachment A
j:contract/scope/9142tig,doc
MAY jail
Project. No. 9142
Project Year
(funded) 1997
AUTHORIZATION SIGNATURE CARD
Project Name 91st Avenue: Sidewalk Improvement
Applicant f s Name City of Tigard
Address 13125 SW Hall Blvd.
City, State, Zip Tigard, OR 97223
Telephone Number (503). 639-4171
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
Any TWO signatures required to sign any financial document
NAME (Typed) SIGNATURE
Wayne Lowry
James N.P. Hendryx LJ A /,-
Agustin P. Duenas
William A.A. Monahan
Duane Roberts
I certify that the signatures above are of . the Vividuals
authorized to execute financial documents.
z? F J
Date gnature of Authori Official
Cnmmiin i t-y Development Director
Title of Authorized Official
OCD I—C, 3/85 (rev. )
30
Attachment B
Project No. 9142
Project Year (funded) 1997
BLMGE'T Si14MARY
cccMinity Development Block Grant
Project Title Tigard, 91st Avenue
Legal Name of Entity _ City of Tigard
Address 13125 SW Hall Blvd.
City Tigard State OR Zip 97223
I. 7DGF'L' LM ITEMS:
A. PERSCNNEL SERVICES:
4. Portion chargeable
EWIOV1. No. of 3. Total to C amenity Develop.-
Jab t 1 t Block Grant
1 Planner S 3,800 0
1 Project Engineer
1 Engineering Inspect.
S. subtgtal S 3,800 S 0
6. Extm H61pzovertim
7 is
S. 'ILIAL PERScNNM GOTS S 3,800 S 0
Portion Chargeable to
B. MAThMLUSMaterials ity Development& SERVICES: C
Services Block Grant
9. Office m=lies 100 S 0
l0 t lies
11. C=mmications
12, vel and
13. Legal & public Notices 300 0
14- Professional Services 19,000 0
5 ction gMtmcts 141,600 141,600
16i, other: specify
17. TOAL MAT'ERTAIS & SERVICES 1161,000 41,600
(OCD Form 1-A, 2/88 rev. p.l)
30
Attachment C
C. 92TIA
Portion Margeable to
18. Capital Outlay: Total Ccumxnity Development
Quantity —9W-i-tAl cut14Y Blockt
9 sit 25,200 S 25,.200
20. TarAL CAPITAL, ay AY 25,200 25,200
1. Total 22. 'Dotal Housing &
ect Cost Development Award
190,000 166,800
II. SCURCES OF PRnMCr FUNDMG
1. Federal
State
- 3. Incal Cash 400
4. County
5., InnKird ce 22,800
6 de
7. Subtotal
8 & 166,800
190,000
III. AUMORIZATICH
z -719
Date riz Sifor jest
Date Authorized Signature rjest
- - - - - - - - - - - - - 00[JITI'YU- - -- - - - - - - - - - - - - -
Reviewed and approved by Washington County o0ffce of Ccmumity Development
19 7
Z:1
Signa
(OCD Flora 1-Al 2/88 rev, p.2) �:Je �j
31