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Washington County - BCC 10-419 Knoll Infrastructure WASHINGTON COUNTY ti.°aja9 OREGON =m" June 22, 2010 RECEIVE® Mayor Craig Dirksen City of Tigard JUN 3 0 2010 13125 SW Hall Blvd. Tigard, OR 97223 d+r�Y in S�Tigard Subject: Notice to Proceed CDBG Project: #2128, City of Tigard, The Knoll Infrastructure Improvements Dear Mr. Dirksen: Enclosed is the City of Tigard's copy of the executed agreement between the County and the City for the above project. An environmental clearance has been completed for the project and is on file in this office. Accordingly, you may proceed to incur costs under this grant, effective June 9, 2010. Please be advised that the CDBG program will not be liable for any cost incurred prior to this date. The CDBG Voucher Request form is available in electronic format. You can access the form at www.co.washington.or.us/CommunityDevelopment/BlockGrant/forms.cfm. Then, click on Voucher Request. Be sure to contact Lauren Sechrist at 503-846-4436 if you have any questions regarding this project. Sincerely, Y Peggy A. Linden, Program Manager Office of Community Development cc: Craig Prosser Duane Roberts Enclosure Office of Community Development 328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967 phone: (503) 846-8814 • fax: (503) 846-2882 �- -C141 AGREEMENT between WASHINGTON COUNTY and CITY OF TIGARD This Agreement, entered into this day of , 2010, between Washington County, a municipality of the State of Oregon (hereinafter referred to as the "County"), and the City of Tigard, (hereinafter referred to as the "City"): RECITALS A. The County is an urban county applicant for Block Grant.,funds;under the Housing and Community Development Act of 1974 (the Act), 42 USC 301 et seq as amended, and the National Affordable Housing Act of 1990, and will receive Block Grant funds for the purpose of carrying out eligible community development and housing activities under the Acts and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570; B. The County and various cities within the County, including the City, have agreed to cooperate in the undertaking of essential community development and housing activities; C. The County desires to have certain services performed by the City as described within this Agreement for the purpose of implementing eligible activities under the Act and HUD regulations; D. It is appropriate and mutually desirable that the City be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, state law and local law are adhered to, as provided for herein; E. The purpose of this Agreement is to provide for the cooperation between the County and the City, as the parties in this Agreement, in implementing such eligible activities in the manner described above; F. The parties are authorized and empowered to enter into this Agreement by ORS 190.010 et seq., by the Constitution of the State of Oregon; and G. Therefore, in consideration of the payments, covenants, and agreements hereinafter mentioned and to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this Agreement. Ccfnr 12-2009 Page 1 of 31 CITY WASHINGTON COUNTY Signature ,T -- Chairman, Board of County Commissioners akkl-ih-e 4A� l Signature_ ZA3 ge4x-r Recording Secre ry JUN 0'9 2010 Date Date APPROVED AS TO FORM Attorney for the Washington County Officelof Community Development APP bVtb WASHINGTON COUNTY 96Akb O�COMMISSIONERS -- 'CL;ERKWOF THIMOARD Ccfnr 12-2009 Page 2 of 31 INDEX TO AGREEMENT PART I. GENERAL CONDITIONS 1. Scope of Agreement and Applicability to Terms and Conditions of this Agreement 2. Scope of Work 3. Commencement and Termination of Projects 4. Administration 5. Operating Budget 6. Compensation and Method of Payment 7. Interest in Property 8. Funding Alternatives and Future Support 9. Amendments 10. Assignment and Subcontracting 11. Insurance 12. Hold Harmless and Indemnification 13. Conflict of Interest 14. Default and Suspension 15. Enforcement 16. Appeal 17. Termination 18. Prohibition on the Use of Debarred Contractors 19. Applicable Law, Venue, Attorney Fees and Costs 20. Extensions Ccfnr 12-2009 Page 3 of 31 21. Survival PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS 1. Procurement Standards 2. Environmental Review 3. Nondiscrimination 4. Property Management 5. Labor Standards 6. Acquisition and Relocation 7. Architectural Barriers 8. Nonparticipation in Political Activities 9. Nonsubstitution for Local Funding 10. Public Information 11. Applicability of Laws Under This Agreement 12. Certification Regarding Lobbying 13. Certification Regarding Use of Excessive Force Part III. EVALUATION AND RECORD KEEPING 1. Evaluation 2. Audits and Inspections 3. Records 4. Retention of Records Ccfnr 12-2009 Page 4 of 31 PART IV SPECIAL CONDITIONS PART V. EXHIBITS A. Project Description, Scope of Activities and Anticipated Accomplishments B. Authorized Signature Card C. Budget Summary Ccfnr 12-2009 Page 5 of 31 PART I. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS OF THIS AGREEMENT A. This Agreement shall consist of the signature page, the general and special conditions; the federal, state and local program requirements; the evaluation and record keeping requirements; each and every project exhibit incorporated in the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects which are the subject of this Agreement. B. Depending upon the specific nature of the project, services or purposes for which Block Grant funds are being provided pursuant to this Agreement, certain terms and conditions contained herein-may be made inapplicable by their express citation in Part IV, Special Conditions. Except as so expressly excluded, all terms and conditions contained herein have full application, force and effect. 2. SCOPE OF WORK A. The City shall perform and carry out in a satisfactory and proper manner the project or services set forth in Exhibit A attached hereto which specifies work to be performed. The Agreement may be amended from time to time in accordance with the general conditions for the purpose of amending the scope of work or for any other lawful purpose. B. Any conflict or dispute that may arise with regard to any aspect of CDBG activities for the project shall be resolved by the County's interpretation of the specifications contained in the original project proposal, the current Program Policies, and the County's Office of Community Development CDBG Procedures Manual. Any such determination made by the County shall be final. 3. COMMENCEMENT AND TERMINATION OF PROJECTS A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58 Subpart H, the County shall furnish the City with written notice to proceed. No work on the project shall occur prior to the receipt of written notice to proceed from the County. B. All project funds shall be obligated and expended within the Project Year unless the County and the City agree to an amendment extending project Ccfnr 12-2009 Page 6 of 31 activities beyond the Project Year. For the purposes of this Agreement, "Project Year" shall mean the period from July 1, 2010 through June 30, 2011. C. Any property acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall be used to meet one of the national objectives set forth in 24 CFR 570.208 for a period of twenty (20) years or until July 1, 2030 unless otherwise modified in writing by the parties to this Agreement. 4. ADMINISTRATION A. The Agency shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502. B. The City shall appoint a liaison person who shall be responsible for overall administration of Block Grant funded project(s) and coordination with the County's Office of Community Development. The name of the liaison person shall be specified in writing and submitted to the County's Office of Community Development. The City shall also designate one or more representatives who shall be authorized by the City to sign the Voucher Request and any other forms which may be required. The names of these representatives shall be specified in Exhibit B. C. This Agreement is subject to and supplemental to.the Agreement of Intergovernmental Cooperation entered into between the County and participating municipalities. 5. OPERATING BUDGET A. The City shall expend the funds received from the County under this Agreement in accordance with the budget summary submitted by the City to, and approved by, the County. Such budget summary is attached to this Agreement as Exhibit C. No line item expense in the approved budget shall be changed without a budget revision approved by the County's Office of Community Development. The budget revision shall specifically state the reasons for the requested increase and a justification for the corresponding decrease in another line item. Budget revision(s) must be approved by OCD before any costs are incurred by the City. B. The difference between the approved budget amount on a budget line item and a lower or higher bid or quote, in any line item, shall be reported to the County. Excess funds generated by a lower bid or quote shall be considered surplus. The City may submit a budget revision requesting the use of any such surplus, which shall be approved or denied at the discretion of the OCD. Ccfnr 12-2009 Page 7 of 31 C. Matching funds identified in Exhibit C shall mean all funds from non-CDBG sources, including in-kind contributions of staff and materials, other grant sources, charitable contributions, volunteer labor, donated materials and services, and similar items of value to the project. Matching funds shall be used for project purposes, and shall be included within the scope of Audits and Inspections conducted under Part III, Section 2 of this Agreement. Increases in matching funds shall be reported to County and the Operating Budget shall be revised accordingly by the OCD. D. No later than 90 days from the date the County approves the proposed list of activities, which includes this project, the City shall submit to the County's Office of Community Development written evidence that substantiates the matching funds pledged by the City are available. The availability of pledged funds means all approvals, guarantees, or third party commitments from subrecipients or cosponsors, have been received and will enable the City to officially obligate those matching funds. In the event the City fails to submit such evidence or the evidence is deemed by the County to be unacceptable, the County may exercise its termination options under Part I Section 14 of this Agreement. 6. COMPENSATION AND METHOD OF PAYMENT A. Subject to the availability of funds from HUD, the County shall reimburse the City for the services specified in Exhibit A. Reimbursement shall be requested by the City by submitting a Community Development Voucher Request (OCD Form 2) and a Program Accomplishments reporting form (OCD Form 3); the forms are to be signed by the City's authorized representatives in a manner prescribed by the County. B. The County will make payment to the City within two (2) weeks or as soon as practicable after said invoice is received and approved by the Washington County Office of Community Development. 7. INTERESTS IN PROPERTY A. Real Property - In accordance with HUD Regulation 24 CFR, 570.503(b)(8), upon expiration or termination of this agreement the City shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Real property under the City's control that was acquired or improved in whole or in part in excess of$25,000 will be used to (1) meet its original national objective for the time period specified in Part I Section 3.0 of this agreement; or (2) disposed of in a manner that results in reimbursement to the County in the amount equal to the current fair market value- less any portions attributable to expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Ccfnr 12-2009 Page 8 of 31 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 12-2009 Page 9 of 31 (3) City agrees to comply with all agreements, covenants and restrictions contained in the Promissory Note and Trust Deed, and all applicable federal, state and local regulations during the terms of the Promissory Note and Trust Deed. (4) City agrees to pay all escrow fees including all costs associated with the recording of Trust Deed or other legal instruments necessary for the County to protect its interest in the project. (5) For infrastructure improvement projects, the City shall only be required to execute a Promissory Note in favor of the County securing compliance with the terms of this Agreement. Upon completion of the project required herein, the County shall surrender the Promissory Note to the City. 8. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. B. Should anticipated sources of revenue not become available to the County for use in the Community Development Program, the County shall immediately notify the City in writing, and the County will be released from all contracted liability for any portion of the Agreement covered by funds not received by the County. 9. AMENDMENTS This Agreement shall be modified by the parties only upon written amendment signed by each of the parties. 10. ASSIGNMENT AND SUBCONTRACTING A. The City shall not enter into any contracts assigning any interest under this Agreement without the written approval of the County. Such consent shall be requested 15 days prior to the date of any proposed assignment. B. The County shall assume no liability for acts and omissions of contractors or subcontractors employed or hired by the City. 11. INSURANCE A. The City shall comply with the insurance requirements described in paragraphs (1) through (5) shall apply where applicable: Ccfnr 12-2009 Page 10 of 31 (1) Liability Insurance Except as provided in Section 11(6), the City shall at all times during the term of,this Agreement, at its cost and expense, carry and maintain general public liability insurance against claims for bodily injury, personal injury, death or property damage occurring or arising out of City's performance under this Agreement, which insurance shall cover such claims as may be occasioned by any act, omission, or negligence of City or its officers, employees, agents, representatives or assigns. The limits of liability insurance, which may be increased from time to time as deemed necessary by the.County with the consent of the City which shall not be unreasonably withheld shall not be less than one million dollars ($1,000,000) combined single limit personal injury and property damage insurance. (2) Within ten (10) days of the execution of this Agreement, the City shall ensure that every director, officer or employee who is authorized to act on behalf of the City for the purpose of receiving or depositing funds into City project accounts or issuing financial documents, checks, or other instruments of payment for projects be bonded to provide for protection against loss. The fidelity bonding obtained must name the County as beneficiary. The amount of the coverage must be $100,000 or the total amount of the Advance to be made pursuant to this Agreement, which ever is greater, and must be secured until the entire amount of the Advance is repaid in accordance with the terms of the Promissory Note and Trust Deed. The City shall provide the County with a copy of the bonding instrument or a certification of the same from the bonding company. The requirements of this paragraph may be waived or modified if the City submits verification to the County that the fidelity bonds are unavailable or commercially unreasonable. (3) Insurance Requirements Applicable to Capital Projects (a) Building Risk Insurance — The City shall or shall require the owner to cause to be maintained, during the period that any construction work is in progress, all builder's risk insurance (including fire, vandalism, malicious mischief and extended coverage) in an amount not less than the value of the completed building, addition or structure. (b) Insurance — Reconstruction Following Casualty Ccfnr 12-2009 Page 11 of 31 (i) Maintenance of Insurance — At its sole cost and expense, the City shall or shall require the owner to keep the building and all other improvements on the premises insured throughout the term of this Agreement and the Trust Deed as required therein, against the following hazards: a. Loss or damage by fire and such other risks (not including earthquake damage) as may from time to time be insured against by standard form extended coverage endorsements to fire insurance policies, in amounts sufficient to permit such insurance to be at all times written on a replacement cost basis; b. Loss or damage from leakage of sprinkler systems now or hereafter installed in any building on the premises; C. Loss or damage by explosion or steam boilers, pressure vessels, oil or gasoline storage tanks or similar apparatus now or hereafter installed in any building on the premises. (ii) Insured Casualties — Insurance Proceeds — In the event of any loss, damage or casualty which is covered by one or more of the types of insurance described in paragraphs (i)(a-c) above, the parties to this Agreement shall proceed cooperatively to settle the loss and collect the proceeds of such insurance, which proceeds shall be held in trust by the County (including interest earned by County on such proceeds) for use in accordance with the terms of this Agreement. The parties recognize that insurance proceeds shall be used for the purpose of repairing and restoring the improvements damaged by the casualty to their former condition or replacement of the same with equivalent or more suitable improvements. (iii) Insured Casualties — Reconstruction — Using such insurance proceeds (set forth in subparagraph (ii) above), the parties shall proceed with reasonable diligence as soon as sufficient funds are available to prepare plans and specifications for, and thereafter carry out, all work necessary (a) to repair and restore Ccfnr 12-2009 Page 12 of 31 the building and/or improvements on the premises damaged by the casualty to their former condition, or (b) to replace said building and/or improvements on the premises of a quality and usefulness for the Project described in the application submitted by the City for the CDBG funding and plans associated therewith, at least equivalent to, or more suitable than, the building and/or improvements which were damaged. (4). Additional Insurance Requirements Applicable to Projects Requiring Professional Services. (a) Professional Liability, Errors and Omissions Insurance — In the event that services delivered pursuant to this Agreement, either directly or indirectly, involve or require providing professional services (architects, engineers, accountants, attorneys, physicians and nurses), professional liability errors and omissions insurance shall be required with minimum limits of no less than $1,000,000.00. The County need not be named as an additional insured on such' policies. (5) Acceptability of Insurers and Proof of Insurance (a) The insurance required pursuant to this Section 11, shall be issued by an insurance company or companies doing business within the State or Oregon. Insurance is to be placed with a Best's rating of no less than ANIL Any exception must be approved by the County. (b) Proof of Insurance —A certificate or certificates of insurance or other evidence satisfactory to the County evidencing the existence and terms and conditions of all insurance required pursuant to this Section 11 shall be delivered to the County prior to the execution of this Agreement. The policy or policies of insurance required to be maintained in accordance with this Agreement shall not be cancelled or given notice of non-renewal, nor shall the terms and conditions be altered or amended without sixty (60) days written notice being given to the County. Annual proof of insurance for reconstruction following casualty required for capital projects as described above, shall be submitted to the County throughout the term of the Trust Deed and this Agreement. Ccfnr 12-2009 Page 13 of 31 (c) The County shall be named as an additional insured on all such policies, and all such policies shall be primary as to any other valid and collectable insurance. At its option, the County may waive this requirement where insurance carriers will not under any circumstances extend secondary coverage for professional liability or fidelity bonding. (6) Non-profit Subgrantees (a) Where the City uses a nonprofit subgrantee or contractor to provide services or implement capital projects, the City shall ensure that the nonprofit or contractor complies with the insurance requirements described in Section 11.A.(1) — (5) herein where applicable. (7) Self Insurance (a) If the City is self insured, for any of its insurance requirements herein, it shall submit satisfactory evidence to the County of the terms and conditions of its own insurance coverage. A certification of self insurance shall constitute compliance with the section. 12. HOLD HARMLESS AND INDEMNIFICATION The City agrees to defend, save, hold harmless and indemnify the County, its officers, employees and agents from and against any and all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from City's own negligence, performance of or failure to perform the obligations of this Agreement and any agreement resulting from this Agreement. Ccfnr 12-2009 Page 14 of 31 13. CONFLICT OF INTEREST A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of the County or City who exercises any functions or responsibilities in connection with the planning and carrying out of the Block Grant Program, or any other person who exercises any functions or responsibilities in connection with the Program, shall have any personal financial interest, direct or indirect, in this Agreement and the County and City shall take appropriate steps to assure compliance. B. Interest of Subcontractor and Their Employees - The City agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provision: "The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Agreement. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Agreement no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the City and Washington County." 14. DEFAULT A. Each of the following events shall constitute a default on the part of the City: (1) Material noncompliance with the terms of this Agreement, the Award, Promissory Note, Trust Deed or any and all applicable state or federal laws and regulations; (2) Mismanagement or improper use of Award funds; (3) Failure to obligate required funds or to provide work or services required by this Agreement; (4) Failure to submit reports, supplying incomplete or inaccurate reports required by Part III herein. Ccfnr 12-2009 Page 15 of 31 B. Each of the following events shall constitute a default on the part of the County: (1) Material noncompliance with the terms of this Agreement, the Award, any and all applicable state and federal laws and regulations; (2) Failure to provide funding for projects or services rendered as required by this Agreement. 15. ENFORCEMENT A. In the event the City is found in default under the terms of this Agreement the County may: (1) Withhold any or all of any pending or future payments until the default is cured; (2) Terminate or suspend all or part of this Agreement or Award herein; (3) Prohibit the City from incurring additional obligations of funds until the County notifies the City in writing that the default is cured; (4) Disallow or deny both the use of funds and matching credit of the activity or action not in compliance; (5) Take any and all other legal or equitable remedies available. B. Any costs attributed to the program which were lawfully incurred prior to any suspension or termination will be considered properly incurred. Any costs attributed to the program during or after any suspension or termination are specifically not allowed without express written consent by the County. 16. APPEAL In the event the County takes an action to enforce the terms of this Agreement, the Award or to enforce compliance with applicable state and federal law, the City may appeal such action in the manner provided in this section as follows: (1) The County shall provide the City with written notice of the default and the right to cure, if any; (2) The City may pursue an informal appeal by contacting the Manager of the Office of Community Development. Ccfnr 12-2009 Page 16 of 31 (3) The City may appeal the informal decision of the Manager by submitting a written objection of the enforcement action directly to the Community Development Policy Advisory Board (PAB). (a) The PAB may consider oral argument, written testimony and any other such evidence it considers relevant to a determination. (b) The PAB shall consider all information and reach a determination based upon the record submitted and prepare a written finding. (c) The PAB, in its discretion may hold a formal hearing. The City shall have the opportunity to provide oral testimony if a hearing is conducted by the PAB. If a formal hearing is not held, the City shall have the opportunity to submit written objections, arguments and other material relevant to its position to the PAB. (d) The findings of the PAB are final and no further appeal is allowed. 17. TERMINATION A. This Agreement shall terminate upon any of the following events: (1) Termination following default as defined previously; (2) The failure by the County to provide funding for services rendered as required by this Agreement; (3) The unavailability of Block Grant funds from either the federal government or through the County. (4) Termination for convenience by either party pursuant to 24 CFR 85.44. B. This Agreement will terminate upon thirty (30) days written notice by the County in the event funding is no longer available. C. Upon termination of this Agreement, any unexpended balance of Agreement funds shall remain with the County. The regulations relating to reimbursement of Block Grant funds shall be applicable to the City for expended funds in accordance with HUD Regulation 24 CFR, 570.503(b)(7) and Part I, Section 7 herein. D. The City shall reimburse the County for any and all funds expended in violation of the terms of this Agreement, state or federal law. Ccfnr 12-2009 Page 17 of 31 18. PROHIBITION ON THE USE OF DEBARRED CONTRACTORS CDBG funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. The City shall not make any award at any tier to any party which is debarred, suspended or excluded from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 19. APPLICABLE LAW, VENUE, ATTORNEY FEES AND COSTS This Agreement shall be governed by the laws of the State of Oregon and federal law. Any action or suit commenced in connection with this Agreement shall be in the Circuit Court of Washington County. The prevailing party, either in Circuit Court or on appeal, shall be entitled to reasonable attorney fees and costs and disbursements as awarded by the Court. 20. EXTENSIONS If, in the determination of the Office of Community Development (OCD), a time extension is necessary or appropriate, an extension of the term of this Agreement for an additional period may be granted to the City by the County's Office of Community Development provided the City requests such an extension, in writing, at least two (2) weeks prior to the last expiration date contained in this Agreement. Additional extension(s) may be granted by the OCD Program Manager in case of extenuating circumstances. 21. SURVIVAL The terms, conditions, representations, obligations and warranties set forth in this Agreement shall survive the termination or expiration of this Agreement. Ccfnr 12-2009 Page 18 of 31 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 12-2009 Page 19 of 31 (1) Historic Preservation. The City shall meet the historic preservation requirements of the National Historic Preservation Act of 1966 (Public Law 89-665) and the Archeological and Historic Preservation Act of 1974 (Public Law 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR Part 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR Part 58. (2) National Flood Insurance. The City shall not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) and 202 (a) of the Flood Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24 CFR, Section 570.605. (3) Air and Water Pollution. The City shall comply with the provisions of the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.) and the regulations issued thereunder(40 CFR Part 15) and the Water Pollution Act, 33 U.S.C. 1251 et. seq. (4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act, as amended, (42 USC Section 4851 et seq.) requiring prohibition of the use of lead-based paint whenever funds under this Agreement are used directly or indirectly for acquisition, construction, rehabilitation, or modernization; elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards in residential structures; and notification of the'hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. (5) Endangered Species Act. The City shall comply with the provisions of the Endangered Species Act of 1973, as amended (16 USC Section 1531 et seq.), particularly Section 7 of the regulations thereunder (50 CFR Part 402). 3. NONDISCRIMINATION Ccfnr 12-2009 - Page 20 of 31 A. General. The City shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, familial status, race, creed, color, national origin, or disability. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974 "as amended"; Civil Rights Act of 1964, Title VI (42 USC 2000d et seq.); Civil Rights Act of 1968, Title VIII (42 USC 3601 et seq.); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60); Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701 u); and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans With Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975 (42 USC 6101 et seq.). Specifically, the City is prohibited from taking any discriminatory actions defined in the HUD regulations at 24 CFR 570.602 and 24 CFR Part 6 and shall take such affirmative and corrective actions as required by the regulations at 24 CFR Part 6. These requirements are summarized in the following paragraphs: (1) Program Benefit. The City shall not discriminate against any resident of the project service area by denying benefit from or participation in any Block Grant funded activity on the basis of race, color, sex, national origin, disability, age, and familial status. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Section 109, Housing and Community Development Act of 1974; Age Discrimination Act 1975; Americans With Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of 1973.) (2) Fair Housing. The City shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the Federal Government. The City shall comply with the Civil Rights Act of 1964 (42 USC 2000(d) et. seq. and implementing regulations in 24 CFR part 1, the Fair Housing Act 42 USC 3601 — 3620) Executive Order 11063, as amended by Executive Order 12259 and implementing regulations in 24 CFR part 107. (3) Employment. (a) In all solicitations under this Agreement the City shall state that all qualified applicants will be considered for employment. The words, "Equal Opportunity Employer" in all advertisements shall constitute compliance with this Section. (b) The City shall not discriminate against any employee or applicant for employment in connection with the Agreement because of age, sex, familial status, disability, race, creed, color or national origin, except when there is a bona fide occupational limitation. The City shall not Ccfnr 12-2009 Page 21 of 31 refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote, or discriminate in work activities, terms or conditions because an individual has a physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment-or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973; Americans With Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975.) (c) This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the funding approval. (4) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall conduct a self-evaluation and take corrective action to ensure reasonable accommodation in programs and services to persons with disabilities. The City shall provide County with a completed self- evaluation checklist, in the form set forth in County's CDBG Procedures Manual. (5) Contractors and Suppliers (a) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, familial status, race, creed, color, or national origin. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall refuse to hire, employ or promote, or bar, discharge, dismiss, reduce in compensation, suspend, demote or discriminate in work activities, terms or conditions because an individual has a-physical or mental disability in any employment in connection with this Agreement unless it can be shown that the particular disability prevents the performance of the work involved. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended; and Section 504 of the Rehabilitation Act of 1973; and the Age Discrimination Act of 1975.) (b) To the greatest extent feasible, the City shall purchase supplies and services for activities under this Agreement from vendors and Ccfnr 12-2009 Page 22 of 31 contractors whose businesses are located in the area served by the Block Grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended.) B. In the event of noncompliance by the City with any nondiscrimination provisions of this Agreement, the County shall have the right in whole or in part to terminate this Agreement in accordance with Part I, Section 15. 4. PROPERTY MANAGEMENT The City, as a subgrantee, agrees that any property, equipment, or supplies purchased wholly or in part with program funds shall be managed under the same guidelines applicable to the County, pursuant to 24 CFR Part 85. 5. LABOR STANDARDS A. The City shall require that project construction and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-276(a)(5), and that they comply with the Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276(c) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to rehabilitation of residential property designed for residential use by less than eight units. B. A copy of the current Davis-Bacon wages must be included in all construction bid specifications and/or contracts over $2,000. C. If the Project constitutes a public work as defined in ORS 279C.840, unless the Project is otherwise exempt, City shall require and ensure that all of its agreements with and between contractors and subcontractors contain provisions: (a) requiring compliance with ORS 279C.840; (b) stating the existing state prevailing wage rate and, if applicable, the federal prevailing rate of wage required under the Davis bacon Act (40 U.S.C. 276a) that may be paid to workers in each trade or occupation required for public works employed in the performance of the contract either by the contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract; (c) requiring that workers not be paid less than the specified minimum hourly rate of'wage in accordance with ORS 279C.838; Ccfnr 12-2009 Page 23 of 31 (d) stating that a fee is required to be paid to the Commissioner of the Bureau of Labor and Industries as provided under ORS 279C.825 pursuant to the administrative rule of the commissioner; and (e) requiring the contractor and every subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project unless exempt under ORS 279C.836(7) or (8). 6. ACQUISITION AND RELOCATION A. Any acquisition of real property by a unit of government for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 amended as Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter referred to as the Uniform Relocation Act) (42 USC 4601 et seq.) and the Regulations at 24 CFR Part 42 as amended effective April 2, 1987. B. Any displacement of persons, business, nonprofit organizations or farms as a result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act and the regulations at 24 CFR Part 42. The City shall comply with the regulations pertaining to costs of relocation at 24 CFR Section 570.606 and the Washington County CDBG Program Policies. 7. ARCHITECTURAL BARRIERS Any facility constructed or altered pursuant to this Agreement shall comply with design requirements of the Uniform Federal Accessibility Standards (UFAS). 8. NONPARTICIPATION IN POLITICAL ACTIVITIES The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 9. NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant funding made available under this Agreement shall not be utilized by the City to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. Ccfnr 12-2009 Page 24 of 31 10. PUBLIC INFORMATION All written materials (reports, brochures, promotional or informational items), news releases, and other public notices produced by or for the City shall acknowledge the source of funding as being derived from the Department of Housing and Urban Development and provided through the Washington County Community Development Block Grant Program. 11. APPLICABILITY OF LAWS UNDER THIS AGREEMENT To the extent applicable to the City's acceptance and use of funds under this Agreement, the City shall comply with the policies, guidelines and Uniform Administrative Requirements of OMB Circulars A-87, A-133, and 24 CFR, Part 85 (implemented at 24 CFR, Part 570.502). 12. CERTIFICATION REGARDING LOBBYING The City certifies, by affixing its authorized signature(s) to this agreement that, to the best of the City's knowledge and belief: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the entering into this cooperative agreement, and the extension, continuation, renewal, amendment, or modification of this cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (Available through the Office of Community Development.) C. The City shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Ccfnr 12-2009 Page 25 of 31 13. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE The City in accordance with Section 519 of Public Law 101-144, 1990 HUD Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that the City will not use excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. PART III. EVALUATION AND RECORD KEEPING 1. EVALUATION The City agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate federal agency, and to make available all information required by any such evaluation process. 2. AUDITS AND INSPECTIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the County, federal or state officials so authorized by law during the performance of this Agreement and during the period of records retention specified in this Part III at paragraph 4. B. The City shall be responsible for meeting the audit requirements established in the U.S. Office of Management and Budget Circular A-133. Upon request of the County's Office of Community Development, the City shall be required to provide audit information relative to any project or activity funded under the terms of this Agreement. 3. RECORDS In the event the City sponsors multiple projects, each project shall be maintained under a separate file system and kept in a manner recommended by the County. As required by HUD regulations, the City shall compile and maintain records as indicated: A. Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement in accordance with the provisions of 24 CFR Part 85.20. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. B. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the Ccfnr 12-2009 Page 26 of 31 ranges of project activities undertaken, and opportunities to participate in funded Block Grant projects. C. Relocation - City recordkeeping must comply with the Uniform Act implementing regulations at 24 CFR Part 42. Indication of the overall status of the relocation workload and separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload must be kept. D. Real Property Acquisition 1. If the City acquires real property by exercising its power of eminent domain, City acquisition files must contain the following records: (a) Identification of property and property owners. (b) Official Determination to Acquire - A citation of the action that constitutes the official determination to acquire, the date of the action, and the applicable CDBG project number. (c) Notice of Intent to Acquire the Property - A copy of the notice (including owner's rights), citation of the date of transmittal to owner, and evidence of receipt by the owner. If tenants are involved, then a general notice must also be issued to all affected tenants. (d) Preliminary Acquisition Notice - A citation of the date of transmittal to the owner and evidence of receipt by owner. (e) Invitation to Accompany Appraiser - Evidence that owner was invited to accompany each appraiser on his inspection of the property. (f) Appraisal Reports - A copy of each appraisal report, including reviewer's report, on which determination of just compensation was based. (g) Determination of Just Compensation - A copy of the resolution, certification, motion or other document constituting the determination of just compensation. (h) Purchase Offer- A copy of written purchase offer of just compensation, including all basic terms and conditions of such offer, and a citation of the date of delivery to the owner. This date is the initiation of negotiations and triggers the relocation requirement of making a "Notice of Displacement". Ccfnr 12-2009 Page 27 of 31 (i) Statement of the Basis for the Determination of Just Compensation - A copy of the statement and an indication that it was delivered to the owner with written purchase offer. (j) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Title exceptions - A copy of each such document and any similar or related document utilized in conveyance. (k) Settlement Cost Reporting Statement - A signed copy of the statement. (1) Purchase Price Receipt - Evidence of owner receipt of purchase price payment. (m) Copy of any appeal or complaint and City response. 2. If the City opts not to exercise its power of eminent domain and acquires real property through voluntary acquisition, City acquisition files must contain the following records: (a) Identification of property and property owners. (b) Letter sent to Seller(prior to City making an offer on the property) which states: 1. Federal CDBG funds may be used on this project. 2. The Buyer has the power of eminent domain but will not use its power of eminent domain to purchase the property. 3. Seller is not eligible for benefits under the URA under this type of voluntary acquisition. 4. The current appraised value of the property, or other indication of fair market value approved in advance by the County. The seller must sign, date, and return the letter, thus documenting receipt. (c) Appraisal Reports - A copy of each appraisal report, including reviewer's report, on which determination of just compensation was based. (d) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Title exceptions - A copy of each such document and any similar or related document utilized in conveyance. (e) Purchase of Price Receipt - Evidence of owner receipt of purchase price payment. (f) Either: Ccfnr 12-2009 Page 28 of 31 1. Documentation that no tenants were affected by the sale; or 2. Copy of General Information Notices sent to tenants and evidence of delivery of said notices. (g) Evidence that the property is not part of a designated project area where substantially all the properties in the area will be purchased within a specified timeframe. The documentation must also show that the City does not require a specific site for the program or activity; instead, the documentation must show that the City is willing to consider alternative sites. E. Equal Opportunity - The City will maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The City shall also maintain data which records its affirmative action in equal opportunity employment, and its good faith efforts to identify, train, and/or hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR Part 570.605. G. Miscellaneous Records - The City shall maintain such other records as may be required by the County and/or HUD. 4. RETENTION OF RECORDS As required in 24 CFR 85.42, required records shall be retained for a period of four (4) years following the date of the submission of the final grantee performance report in which the activity is covered, except as follows: A. Records that are the subject of audit findings shall be retained for four (4) years or until such audit findings have been resolved, whichever is later. B. Records for Real Property and Equipment shall be retained for four (4) years after its final disposition. The retention period starts from the date of disposition, replacement, or transfer at the direction of the County. Equipment is defined in 24 CFR Part 85.32 and real property is defined in 24 CFR Part 570.505. C. Records for any displaced person shall be retained for four (4) years after such person has received final payment. Ccfnr 12-2009 Page 29 of 31 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 12-2009 Page 30 of 31 PART V. EXHIBITS A. Project Description, Scope of Activities and Anticipated Accomplishments B. Authorized Signature Card C. Budget Summary Ccfnr 12-2009 Page 31 of 31 PROJECT DESCRIPTION, SCOPE OF ACTIVITIES AND ANTICIPATED ACCOMPLISHMENTS 2010-2011 CDBG Program Year I. Proiect Number and Title: CDBG Project #2128, Tigard, The Knoll Infrastructure Improvements ll. Description of: Project, Activities, Anticipated Accomplishments, Low and Moderate or Other Target Group Beneficiaries. A. Nature and Purpose of the Proiect: Construction or upgrading of development-required infrastructure improvements along three streets bordering The Knoll senior housing project. The project is located in an older area of Tigard that was developed without sidewalks or storm sewers. B. Proposed Location or Impact Area(s): Intersection of SW Hall Blvd. and SW Hunziker Road, Tigard, OR C. Duration/Timing of the Proiect: July 1, 1010 — June 30, 1011 D. Number of Low and Moderate Income or Target Group Beneficiaries: 50 Low to Moderate-income seniors will be served. E. Component Activities (CDBG vs. Others): CDBG = $425,000 City = $183,070 F. Quantitative Projections for CDBG Component Activities (in units, linear feet, square feet, etc.) for all acquisitions, construction, reconstruction, rehabilitation, etc.: Undertake the construction of 552 lineal feet of curbs, sidewalk, landscape, and drainage adjacent to the proposed 48-unit The Knoll senior housing development. Construction activities include sidewalk and associated improvements within the public right-of-way, including the replacement of two traffic signal poles and various related costs. EXHIBIT A S/con 10/2128 Tgrd scope Project No. 2128 MAR 15 2611T Project Year Funded 2010/11 AUTHORIZATION SIGNATURE CARD Project Name The Knoll Infrastructure Improvements Applicant's Name City of Tigard Address 13125 SW Hall Blvd. City, State, Zip Tigard OR 97223 Telephone Number 503-718-2444 SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: Any TW signatures required to sign any financial document NAME SI A Craig Prosser 7 1�e Toby LaFrance Debbie Smith-Wagner — Amy Lawson Mark VanDomelen ALA I certify that the signatures above are of the individuals authorized to execute financial documents. Dafe T Signat of Authorized Official City Manager Title of Authorized Official Project No. 2128 Project Year (funded)2010/11 BUDGET SUMMARY Community Development Block Grant Project Title The Knoll Infrastructure Improvements Legal Name of Entity City of Tigard Address 13125 SW Hall Blvd. City Tigard State OR Zip 97223 I. BUDGET LINE ITEMS: A. PERSONNEL SERVICES: 4. Portion Chargeable to 1. No. of 2. Job Title 3. Total Salary CDBG Employees 1 Project Planner $1,100.00 $0.00 5. Subtotal $1,100.00 $0.00 6. Extra Help/Overtime 7. Fringe Benefits 8. TOTAL PERSONNEL COSTS $1,100.00 $0.00 PortionaiChargeable to B. MATERIALS &SERVICES: Materials & Services t DBG 9. Office Supplies $200.00 $0.00 10. Operating Supplies 11. Communications 12. Travel and Training 13. Legal & Public Notices $150.00 $0.00 14. Professional Services $59,630.00 $0.00 15. Construction Contracts $546,990.00 $425,000.00 16. Other: Specify 17. TOTAL MATERIALS & SERVICES $606,970.00 $425,000.00 S\cdforms\budgsum.pdf C. CAPITAL OUTLAY: Total Portion Chargeable to Capital OutlaCDBG 18. Capital Outlay: Quantity Item 19. Real Property Acquisition: 20. TOTAL CAPITAL OUTLAY $0.00 $0.00 21. Total Project 22. TotaI'CDBG Award Cost $608,070.00 $425,000.00 II. SOURCES OF PROJECT FUNDING 1. Federal 2. State $181,620.00 3. Local Cash $1,450.00 4. Count 5. In-Kind Service & Supply 6. Other detail 7. Subtotal $183,070.00 $0.00 8. Community Development Block Grant $425,000.00 9. TOTAL PROJECT COST $183,070.00 $425,000.00 III. AL�7RIZ TION , -- Da te u�ori igna u e fo roject Date Author ed ignature for Project COUNTY USE ONLY Reviewed and approved by Washington County Office of Community Development on 20La ByLe v PA�, ,��,4�.� Q ,_ � � Signature WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 20102011 INFRASTRUCTURE IMPROVEMENTS PROJECT PROPOSAL (Instructions attached. Submit original and 1_ copy) 1. PROJECT The Knoll Infrasructure FOR STAFF TITLE : Improvements USE ONLY BRIEF Curb, sidewalk, landscape, and Project No. PROJECT drainage improvements along 3 Date Rcvd. DESCRIPTION & Knoll property street frontages Time: CDBG REQUEST: p p y g Eligible: Yes No Revision # Qualifying CDBG PROJECT Regulation 2. SPONSOR: Primary Objective Name: City of Tigard Qualifying Income Eligibility Mailing City of Tigard, 13125 SW Hall Other Information Address: Blvd., Tigard, OR 97223 Contact Duane Roberts Person: Phone # 503-718-2444; Ext: 2444 Fax # 503-718-2748 E-mail: duanga l ard_-or.gov Signature*: Title: City M nager "Proposal must bear the signature of an individual authorized by the agency board, city council, or county department head. Authorized proposal sub- mission must be documented by board minutes and/or city/county resolution. Without such evidence of authorization at the time the proposal is submitted, the application will be rejected. 1 Infra Impr 2010-2011 Project Proposal Form 3. SHORT TERM CDBG OBJECTIVE REFERENCE(S): A. Short Term CDBG & Objective Reference B.2.a Construct, repair, and replace sidewalks to provide safe pedestrian environment. B.3.a Increase neighborhood safety by replacing, repairing and developing streets and related infrastructure. B.5.a Improve acess to transit in low income neighborhoods through streetscape improvements. B. Qualifying Criteria 1. Low and moderate income 2. Slums and blight ❑ 4. PROJECT BENEFIT: Note: THIS SECTION HAS BEEN REVISED. PLEASE PAY PARTICULAR ATTENTION TO THE INSTRUCTIONS. A. Census and Block: 307.01 Group Designation: Project Location: Intersection of SW Hall Blvd. and SW Hunziker Road Note: Attach map, which shows the project site and defines the service area. Label it "Exhibit A". B. Qualification - If project is located within a low and moderate-income service area, respond to either question #1 or#2. below depending on whether you are using Census or Survey to qualify. If project qualifies on the basis of being located in a slum or blighted area respond to #3. below. 1. Low and moderate-income area by SURVEY (Fill out this section if you conducted a survey to qualify your project) a. Total Number of persons in service area #51 b. Total number of persons who are low/moderate #50 income in service area c. Percentage of persons who are low/moderate income 98.00% in service area 2. Low and moderate-income area by CENSUS (Fill out this section if you used census data to qualify your project). USE WORKSHEET THAT FOLLOWS QUESTION #18. 2 Infra Impr 2010-2011 Project Proposal Form •+, :�rf>+ ...-n'n,�^'.','Yb'Z5:�,1'":s�'a'e�.'=4"!??bl5�t'Sa"�:'3Tf-:, : Exhibit A The Knoll - w _ Infrastructure �Ji � is Improvements ./ City of Tigard Oregon �• '�3 �;Sc^-�^�e^r:::;^"a�rtczr„x*.�xsrx=,�t�?M--rx~•:a�c.,-�• ' � ��"+,A �Sr. Q�^S`:, _ Sidewalks f Signal _ Improvements `•. , '�Tt",,,n:�.•-.R;F,T.z^r_:-•r':..x�.,:.+rn.-,-.y!�-�,c rs,•'i ., ,..5 All f,' rr��'''�•., i, f; ki• i.l for Nil f r;` I+ �� srTrn .• }1 F.• R>+ 'a ,+ � �+a-,rsv-a:.�..... r?h=-.Y,",c,.ri'.!-•Wer+:fw.^�r., .c�3` J �� hs ,4 � � �t �:'4 pa `'c�?'+ r�°� /!+' �'•1},c,nfmn.ti„n r.ryrnn:kd on�hi,mep:z a,mcnluof -\* `,' �' i� Flk��„�`�� ,+.�,� Fr� +kJ• (r':, �t' '"•�1 ��STl4 Ocimw dmv,ls'ocar'Io sllfer lhc�wnlml�ol/hc m.D ,.a 'F',`.d'y� �y5`✓fi° `;TCt'`+�,^r sj ^` �.. +n'�.+�'a., *�.. ,'t ,: V11 r :�� ;r � ,�>,• ter, '��; ,�` -, _y._._....a w ._._... s _ e cev�r�.rvw wr tc...r ea�rox.¢en _ �-� - �% w r a ��, sw us-. u. ..n- -fHl:GOiM 2vY4c�wvmt'.o-sxu� '°1Y5IIsl .�.wr - wmiai¢eaeY�trw�Y � a. Total Number of housing units in service area # b. Number of readjusted affected housing units # c. Number of low/mod income persons in service area # 3. Slum or blighted neighborhood a. Total number of structures # b. Total number of structures that are unsafe # c. Percent of structures that are unsafe % d. Percentage of clients served by facility who are low/moderate income C. Document source(s) of information for#1, #2 and #3 above. Under HUD rules, the project prequalifies as an income-restricted affordable housing project. The future building will be owned and operated by the Tigard-based non-profit CPAH. All future tenants must have incomes at or below 50% of area median income. The apartment manager will be the only occupant whose income is not restricted. 5. OTHER INFORMATION A. Will project activities be accessible to persons with disabilities (e.g. sidewalk improvements)? ® Yes ❑ No B. How is project compatible with local plans? Explain and reference. The project is consistent with both local comprehensive and affordable housing plans. Comprehensive Plan Policy 15.2.6 states that "New housing in the downtown shall provide a range of housing types, including . . . affordable housing in a high quality living environment." According to Resolution 02-58, "the city's efforts in the area of affordable housing are directed to serve the income group with the greatest need, households earning 50% or less of area median income." The present project is located within the official boundaries of the City Center Urban Renewal Area and is targeted at seniors earning under 50% of area median income. 6. PROJECT PERIOD: Start (mo/yr): September 2010 End (mo/yr): February 2011 7. PROJECT COST: 3 Infra Impr 2010-2011 Project Proposal Form Total CDBG dollars requested $425,000 Total dollar value of other resources $183,070 TOTAL PROJECT COST $608,070 8. PROBLEM STATEMENT: A. Describe the problem and its severity, including health and safety concerns. As is well publicized in a spate of"greying of America" media stories, the nation's elderly population is increasing rapidly. In 2000, the elderly accounted for 12.4 percent of the population. This number is projected to increase to 20 percent by 2020. Data maintained by the Metro Data Resource Center shows that the population of persons 65 and older within the region grew by 6.5 percent between 1995 (162,662) and 1999 (173,221). Most seniors typically live on fixed incomes, including Social Security Benefits (SSB), pensions, and retirement investments. Some seniors depend solely on SSB, and receive approximately $500-800 per month. Seniors may also receive Supplemental Security Income (SSI) if they receive SSB below $520. Meanwhile, the market study completed for The Knoll indicates 1-bedroom rents average between $650 and $875 in the Tigard area--well beyond the reach of the senior living on a fixed-income. According to Multnomah County Aging and Disability Services, nearly half of elderly renters in Oregon spend over 35 percent of their income on rent. The need for affordable housing serving low-income seniors will only grow as the elderly population continues to increase over the next several years. The Tigard-Tualatin area has just one seniors-only affordable housing project, Woodspring Apartments, which has 2-bedrooms that rent for $800-850. Tigard-Tualatin has among the highest median rents in the County, which are seldom below $700. Despite only one affordable senior project, some 7,000 seniors currently live within city limits (about 16% of the population). Another problem is that in more affluent communities like Tigard and Tualatin, many existing rentals have been converted to condominiums. At the same time, several mobile parks catering to seniors have been sold and lost to the local inventory, displacing long-term residents. Several others are at-risk. Among the remaining inventory of rental projects, many are poorly designed to meet the needs of seniors, lacking appropriate accessibility features and community space or services, which will allow the seniors to age-in-place and live independently. Many others are in very poor condition and few are affordable to the seniors the Knoll will serve. All this creates a tremendous need for new, affordable units for seniors in this part of Washington County. Two recently released reports, one by the Government Accountability Office, and one by the American Association of Retired People, reinforce the need 4 Infra Impr 2010-2011 Project Proposal Form for more affordable housing near public transit. Both studies conclude that affordable housing near public transit provide significant social, health, and cost benefits to project residents. The Knoll site is extremely well located for senior housing, within one mile of virtually all essential services, including groceries, pharmacies, a senior center, six bus lines, and Commuter Rail. It also is an older pocket-sized neighborhood that developed without sidewalks or storm sewers. As a city- imposed condition of its development, the Knoll project is required to install public improvements along two of its three street frontages. The improvements include curbs, sidewalks, storm drainage, and planter strip landscaping. It also is required to upgrade to current standards older, existing sidewalk along the project's Hunziker frontage. In addition to these infrastructure improvements, the project is required by the state to participate in the upgrading of the ODOT-owned signal located at the intersection of Hall and Hunziker. The combined cost of all these project-associated right-of- away improvements is some $600,000. In these times of scarce public and private resources for affordable housing development, the burden of these infrastructure improvements would make this project infeasible without some dedicated source of funding for this component. B. Is this problem the result of a declared disaster? ❑ Yes ® No 1. If Yes, explain nature of disaster. 2. Describe efforts to obtain alternative funding to address this need. CPAH has assembled a number of public and private funders to finance the low-income senior housing project. The project also received $750,000 in HOME funding during each of two prior Washington County funding cycles (2006 and 2007). In addition to this $1.5 million in Home funds, the Knoll recently was awarded more than $8 million of federal income tax credits (LIHTC) that will be used to generate $6.1 million of direct equity for the project. In 2008 and 2009, CPAH applied for and received a combined total of$20,000 in Fee Subsidy funds from the City of Tigard. In 2009, the project received $20,000 in the form of City- deposited dollars from the Washington County Housing Trust Fund. In total, the housing project will have fifteen sources of funding to complete construction. The development team has made great progress in filling an estimated $2.5 million gap created by falling low-income housing tax credit prices over the past two years. If awarded, the CDBG funding will be one of those important sources that will fill a void created by the 5 Infra Impr 2010-2011 Protect Proposal Form current recession. Of particular importance is this source's abilty to fund improvements that will not be owned by the housing project. This is something that most affordable housing dollars are prohibited from doing. 9. PROJECT DESCRIPTION: A. Describe how the neighborhood project activities address the need or alleviate the problem identified in the problem statement. As described, the elderly are among the low- to moderate income households that have the greatest need for affordable housing. The Knoll at Tigard is CPAH's newest project, and will provide 48 senior units (45 are 1-bedroom and three are 2-bedroom in size), with one exempt manager unit. Forty units will be targeted to those at or below 50% of area median income (including one exempt manager unit), and eight units will be targeted to homeless Veterans, with rents affordable at or below 30% of median income. The project will feature ample parking (42 spaces) and community space at the ground level. The community room will accommodate a mix of uses by residents and the community. The location of this project is at a primary gateway into Tigard's downtown. The design will help define the character of future downtown redevelopment as well as bring much-needed pedestrian facilities to Hall Boulevard. Carleton Hart Architecture, the firm that has worked with CPAH on three of its five properties, has desiged the project as two building wings extending from a central urban plaza. The project includes such sustainable design features as re-use of rainwater and a "living wall." The proposed 552 lineal feet of frontage inprovements along Hall Boulevard, Knoll Drive, and Hunziker Street, which surround the project on three sides, will enable Knoll residents to walk to urban ammenities in the downtown area. The one-acre site, with its proximity to community services, recreation areas, and transit facilities, makes it ideal for senior housing. B. How will CDBG funds be used? Describe tasks and provide a time frame for completion of the project. The CDBG funds will be used to partially finance the construction or upgrading of development-required infrastructure improvements along the three streets bordering the senior housing project. This includes sidewalk and associated improvements within the public right-of-way, including the replacement of two traffic signal poles and various related costs. The project is expected to begin in the third quarter of 2010, with completion expected by February 2011. 6 Infra Impr 2010-2011 Project Proposal Form C. Explain how this activity addresses a need and objective identified in the 2005-2010 Consolidated Plan. As a sidewalk improvement project, the Knoll proposal directly meets the Consolidated Plan Goal II and related Objective of "construct, repair, and replace sidewalks to provide a safe pedestrian environment." The traffic-signal relocations and upgrades increase neighborhood safety by replacing street-related infrastructure (Goal II). As a transit-oriented development, the overall project also meets the Goal II Objective under Other Infrastructure Improvements of "improve access to transit in low income neighborhoods through streetscape improvements." The proposed Knoll infrastructure project addresses this need by providing pedestrian access to nearby bus and Commuter Rail services for its low- income elderly residents. 10. COORDINATION: Explain whether this project is part of a coordinated effort involving projects, including CDBG and/or HOME, in the neighborhood. The project is part of a coordinated effort involving HOME funds awarded to the Knoll by the Washington County HOME Consortium. The project also is part of a coordinated effort to reinvigorate Tigard's traditional downtown area. Along with soon to be underway street improvements on Main and Burnham Streets, Knoll construction likely will activate other private development within the downtown. 11. ENVIRONMENT A. Historic Preservation 1. Will the project activity involve the demolition of a building that is 50 years or older? ❑ Yes ® No ❑ Unknown 2. Does this project assist or complement other historic preservation activities taking place in the same area? Explain. No historic preservation activity is taking place in the same area. B. Endangered Species Will the project involve the construction of an impervious surface area within 200 feet of a river, stream or other body of water? 7 Infra Impr 2010-2011 Project Proposal Form ❑ Yes ® No C. Environmentally Sensitive Areas Will the project involve the construction or improvement of infrastructure in an environmentally sensitive area? ❑ Yes ® No NOTE: If the answer to any of the questions in the above section "Environment" is yes or unknown, it is recommended that you consult with Office of Community Development staff prior to the submittal of the application as there may be impacts on the timing, location, design and costs of your project. 12. PROJECT SPONSOR INFORMATION: A. What is the priority of this project in comparison with all other projects you are submitting in this category and in the category of Public Facilities (e.g. parks, senior centers, community halls, etc.) ? The project is the sponsor's top ranked project. 8 Infra Impr 2010-2011 Project Proposal Form B. Previous CDBG-funded projects since 2006. None ❑ (1) (2) (3) (4) (5) CDBG Year Amount Completed in Time Completed Project Of Of Originally Specified Within Original Number Project Award in Contract? Budget YES NO YES NO 9226 2007 $307,000 ❑ ® ❑ 210 2008 $145,109 ® ❑ ® 1:1 1123 2009 $141,790 ❑ ❑ ❑ ❑ $ ❑ $ ❑ ❑ ❑ ❑ $ o °❑ a a $ a °❑ o 0 $ a °❑ a a (Note: Attach additional page if necessary) C. If any answers to (4) or (5) above are No, please explain. Project #9226 is the Tigard Senior Center Remodel. This project received a short time extension and contingency funds in order to replace the existing roof, which during remodeling was discovered to be water damaged. Project #11123, Garrett Street Sidewalks currently is underway. It is on track for June 2010 completion and close out. D. Will the project necessitate either Residential or Employment displacement? ® No ❑ Yes If Yes, explain below E. Operation and Maintenance: 1. Specify who will assume legal responsibility for the continued maintenance of the infrastructure improvements. The City of Tigard will be responsible for the on-going operation and maintenance of the sidewalk improvements. 9 Infra Impr 2010-2011 Project Proposal Form 2. Describe how the operation and maintenance will be provided over the useful life of the facility. Include in your description: a. A general statement of financial assets and resources at sponsor's disposal. The City of Tigard has a strong fiscal capacity, with 2009-10 assessed property values of$4.7 billion. b. A brief description of general administrative as well as budgetary performance of organization, including any problems the agency/locality has encountered over the past two years. The City of Tigard received the Distinguished Budget Presentation Award from the Government Finance Officers Association in 2008, the 21st year in a row that the City has been so recognized. This demonstrates City official's administrative and budgetary competence. c. A description of past experiences in operating or administering a similar type of activity. The City Street Department has a fifty year history of successfully operating and administering activities related to the City street network. d. Describe source of financing for the ongoing maintenance of the project. Ongoing maintenance will be included as part of the City Street Department's regular work program. The Street Department is funded by the City's general fund. 13. CITIZEN SUPPORT Describe efforts to obtain citizen support. Attach documentation that demonstrates those efforts and the outcome. Label documents "Exhibit B" The project has received extensive support from groups and individuals representing Tigard, seniors, and various government agencies. They include Congressman David Wu, State Senator Ginny Burdick, Tigard City Council, Tigard's City Center Advisory Commission, Housing Authority of Washington County, Tigard Senior Center, Northwest Pilot Project, Elders in Action, Tigard Chamber of Commerce, Enterprise Green Communities, and Metro. In general, the support letters provided for this project address: 1) the rapidly 10 Infra Impr 2010-2011 Protect Proposal Form increasing need for affordable senior housing, 2) the transit and pedestrian- oriented nature of this site and its close proximity to a variety of services and amenities, 3) the strong track record of the project team in developing high quality, sustainable, and service-enriched projects, 4) the project's connection to the County's 10-Year Plan to End Homelessness (with Veterans unit set-aside), and 5) the Knoll's potential role as catalyst project in Tigard's urban renewal district. 14. PROJECT MANAGEMENT CAPABILITY A. Name and title of designated Project Manager The City of Tigard will be the project sponsor. In order to coordinate completion of the infrastructure improvements with construction of the housing units, the City will subcontract the design and management of the infrastructure work to the Knoll at Tigard, LLC. The Knoll at Tigard LLC has the following relationships as it pertains to this project: (1) Community Partners for Affordable Housing - sole member of the LLC and housing development sponsor and General Partner (2) Housing Development Center- financial and construction project management services to the owner (3) Carleton Hart Architecture - project architect. The project owner has extensive relationships with HDC and Carleton Hart, both of which have been involved in several of CPAH's previously completed projects. The Project Civil Engineer is Dave Humber of MGH Associates. He will complete the final design and bid documents for the infrastucture improvements. The Project Traffic Engineer is Frank Charbonneau of Charbonneau Engineering. He has completed numerous projects involving traffic signal modifications. The General Contractor, when selected, will bid the project following HUD and City guidelines. B. Past management experience 1. Ability/experience in dealing with appointed and elected officials, contractors, engineers, architects, clients, and citizens; resolving complaints; and conducting meetings. MGH Associates has been established for ten years and has successfully completed work for a large variety of entities from private developers to public municipalities. MGH has completed work on federal contracts as a civil engineering subconsultant to the local design firms leading the project management. Mr. Humber has nearly 20 years local experience in designing private site projects with their associated public improvements. He recently has completed a Clackamas Town Center project that included over 2,300 lineal feet of multiuse pathways and intersection work (including two 11 Infra Impr 2010-2011 Project Proposal Form traffic signals), and 1400 lineal feet of ODOT highway widening along SE 82nd Avenue (including two traffic signals to ODOT standards), a condition similar to the required widening of SW Hall Boulevard. Additionally, he has worked in both Tigard and Washington County jurisdictions over the course of his career. Mr. Humber has already scheduled and conducted a multi-agency kickoff meeting for this project that included, ODOT, City, developer, and design team participants. 2. Ability/experience in government contract administration; knowledge of federal regulations governing acquisition, procurement, equal employment opportunity, and labor standards. Mr. Humber has significant experience designing projects such as this one, and will work closely with CPAH's development team: including finance and construction managers, architect, and general contractor. CPAH and all other team members work regularly with government funding requirements related to procurement, equal opportunity and labor standards, and have successfully managed CDBG-funded projects in Washington County, as has the project sponsor, the City of Tigard. 3. Ability/experience in establishing timelines; drafting requests for proposals, bid documents, and contracts; reviewing plans and specifications; negotiating contracts and change orders; approving requests for payment. Mr. Humber is a state licensed civil engineer and has nearly 20 years of direct experience in performing each of the individual tasks listed under this question. He regularly works with a client team on establishing project timelines. His experience in developing permit and bid documents, reviewing plans and specifications, and reviewing contractor change orders is extensive. He has been involved in several hundred projects over the course of his career in the Portland Metro region. 12 Infra Impr 2010-2011 Project Proposal Form 15. BUDGET SUMMARY Total Project CDBG BUDGET CATEGORIES Cost Funding OTHER COMMITTED SOURCES OF FUNDS All funds included in the bud et must direc ly support this project. Federal State Local County In-Kind Other (Specify) a) Personnel Services 1100 1100 b) Office Supplies 200 200 c) Operating Supplies d) Communications e) Travel & Training f) Legal & Public Notices 150 150 g) Professional Services 59630 59630 h) Construction Contracts 546990 425000 121990 i) Capital Outlay j) Property Acquisition k) Relocation Expenses 1) Appraisal Fees m) Other (Specify) n) TOTAL PROJECT 608070 425000 181620 1450 NOTE: See next page for Required Budget Narrative - provide explicit narrative detail to support project budget. 13 Infra Impr 2010-2011 Project Proposal Form 16. BUDGET NARRATIVE Indicate the total project cost, the portion charged to CDBG funding and the portion committed by other funding sources. Provide a detailed break down of the costs for each line item. The total project cost is $608,070, of which xx% is charged to CDBG funding and xx% is charged to other sources. The local funding will come from multiple funding sources and from in-kind design and construction management services. Project costs by major component are as follows: 1. Street Improvements Hall Blvd, 305 LF: $195,200 2. Street Improvements Knoll Dr, 158 LF: $38,868 3. Street improvements Hunziker St, 89 LF: $26,522 4. Street Lights, 5 poles @ $3,780 each: $18,900 5. Traffic Signal @ Hall/Hunziker: $180,000 6. Storm water improvements in R.O.W. @ $1.92 SO: $87,500 7. Architectural fee- $9,725 8. Civil Engineering: $29,900 9. Landscape design: $2,905 10. Traffic Engineer: $16,800 11. Architect Reimbursables: $300 14 Infra Impr 2010-2011 Project Proposal Form 17. ADDITIONAL INFORMATION Submit information that documents approval by the City Council (a copy of the Council minutes and/or resolution must accompany the proposal) authorizing submittal of the proposal. County proposals must bear the signature of the appropriate department head. 18. SEE ATTACHED WORKSHEET (ON FOLLOWING PAGE) WHICH MUST BE COMPLETED IF YOU ARE QUALIFYING YOUR PROJECT BASED ON CENSUS DATA. The worksheet must be submitted with your project application. The questions in 4.13.2 can only be answered by completing this worksheet. 15 Infra Impr 2010-2011 Project Proposal Form 7 EXHIBIT 3 October 7, 2009 Sydney Webb, Chair CDBG Policy Advisory Board c/o City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 RE: The Knoll @ Tigard Dear Ms. Webb: On behalf of the City Center Advisory Commission (CCAC), I am writing to urge your support for the award of Community Development Block Grant(CDBG) funds to help finance the construction of sidewalks and associated infrastructure for The Knoll senior housing project. These improvements are defined in a City of Tigard CDBG project proposal. All are required by City and State regulations applicable to new development. The elderly and people with disabilities are two of the groups with the greatest need for affordable housing. The Community Partners for Affordable Housing (CPAH) proposal for The Knoll,a 48-unit senior housing project,will help address this growing need.The 48-unit project will serve low income seniors with accessible, transit-friendly, service-enriched housing. In addition to meeting a key need, the project incorporates many features described in the various downtown planning documents and vision statements we have crafted to describe our preferred development vision. The location at the corner of S.W. Hall Boulevard and S.W. Hunziker Avenue, at one of the gateways into the downtown, provides the opportunity for a landmark project that will help establish the scale and quality of future downtown development. CPAH and the City of Tigard have worked together over the past decade on affordable housing supply.The CCAC supports city staff's efforts to assist CPAH with this latest development in the downtown. We know the City has already considered its existing tools (tax abatement and fee waivers) for this project. Earlier this year, one of our commissioners was able to participate in an Eco-Charrette held for the project, along with city staff, and members of other local groups like the Tualatin Riverkeepers. The resulting set of priorities,not all of which are fully funded,includes green features similar to CPAH's prior projects (which have resulted in 15-30% energy and water savings over conventional construction),including innovative additions such as a green roof, a living wall, and re-use of rainwater. Because this project meets both a community priority and a county-wide need (affordable housing for the elderly)we believe this project merits you highest consideration. Thank you for your attention. Should you have any questions regarding CCAC support for The Knoll project proposal,please do not hesitate to contact me. Sincerely, A ea er B. Craghead Vice-Chair City Center Advisory Commission AM1MrA y .* �l Alf •�li MIT"I J 111011 11M."I P.O. Box 23206 e Tigard, OR 97281-3206 �o R AFFORDABLE a o u S i N c, INC. Tel: 503-968-2724•Fax: 503-598-8923 • www.cpahine.org BOARD RESOLUTIONS September 2009 Community Partners for Affordable Housing (CPAH) Board of Directors Resolution 2009-09 Authorizing CPAH Staff to Submit Applications CDBG Support for The Knoll @ Tigard September 29, 2009 Whereas,CPAH is working to assemble financing for its next housing development project, a 48- unit senior community in Tigard to be known as The Knoll @ Tigard, and Whereas, CPAH will incur significant costs related to.off-site improvements that will benefit not only the residents of this project, but more importantly the larger community of Tigard with additional pedestrian safety and amenities, and Whereas, City of Tigard has agreed to partner with CPAH to seek CDBG funding to offset the cost of said improvements, therefore BE IT RESOLVED that CPAH's board of directors,does hereby authorize CPAH executive director, Sheila.Greenlaw-Fink,or asset manager, Linn Brillman,to submit an application of up to $500,000 for CDBG grant funds to be used for The Knoll @ Tigard. JudfWerng, Board President Mary Eidson rd' ecretary ` CPAH does not discriminate against any Person on the basis of age,race,color,religion,sex,handicap,familial status,national origin,or marital status f in the admission or access to,or treatment,or employment in its federally assisted programs and activities. o:.w min DAVID WU y coMMnr�s 1sda T D=Rwr,OREGON SCIENCE ANOT6CHNOL08Y 2338 RAvpum Hausa Qr=BUILDING CHAIRMAN,TWNft AM IMWMWIA WASHINGTON,DC 20616-$7t t � �� TELEPNONG:(202)22"836 { e20soL WESY sunt BOB (((;allgr1CO of the �. ite"o, Stet O IAnIuMEtaw+ia►+Lntaat+oEDUCATION AND�uawNQatp ABOR SUITt 60EF PORTLAND,OR 97206 �{ r i* {, TELEPHONE;(603)329-2901 ROM of Amnotntatfbet �""""A`W' (800)422-4003 � MW tH,EwwrWw,LmmW,ap Ppw-wNs hupJJwww.hou.n�ovJwu MOmgN%VAC 20515-3701 February 25,2009 Mr.Victor Merced f Director- Oregon Housing and Community Services Department 725 Summer Street NIS,Suite$ " Salem,OR 97301-1271 Dear Mr.Merced: 1 am writing to support the funding request of Community Partners for Affordable Housing(CPAIi)for The Knoll®Tigard.CPAH has built a number of housing projects in my district, including their most recent,The Watershed @ Hillsdale, a LEED Silver project. Affordable housing for seniors is a rapidly growing need in Oregon and throughout the United States.As the"age wave"of baby boomers hits,we will need thousands of additional units near transit.and services.The location of this project,in Tigard's urban renewal area,is 1 walking distance to the senior center,library,and downtown shops and services. Seniors will.be able to remain independent and age-in-place given the accessibility features and services offered at CPAH's sites. i I help many seniors every year who are forced to rnako difficult decisions because of �. limited resources.I hope together we can Servo this growing population.Thank you for your � consideration of this project. With warm regards, :� David Wu - Member of Congress DW:RP l '.PHINWOON AECY=-t)PAPER GINNY BURDICK Office: Oregon State Senate State Senator Salem,OR 97301 'Ye (503)986-1718 DISTRICT 18 ; E-mail:sen.ginnyburdick@state.or.us •MULTNOMAH COUNTY District: 6227 SW 18th Dr. 'ASHINGTON COUNTY Portland,OR 97239 (503)244-1444 OREGON STATE SENATE February 23,2009 Victor Merced Director Oregon Housing and Community Services Department 725 Summer Street NE,Suite B Salem,OR 97301-1271 Dear Victor: This letter is written in support of CPAHs proposed 48-unit senior project:The Knoll C Tigard.I serve a district with relatively few rental resources for low-income seniors.The Watershed @ Hillsdale was a great addition to my district last year and very near my own home.Thank you for your support of that project. The location at.Hall and Hunziker in Tigard's new urban renewal area is an excellent choice for senior housing.Residents will be able to walk and bus to the Tigard library,senior center, and various downtown shops and restaurants.They will be just blocks from the Tigard Transit Center and the new WES Commuter Rail. Most of CTAITs properties are in my district(Tigard and Hillsdale).I strongly support their efforts,and am pleased to represent Tigard,'a local jurisdiction which has given them such strong support.CPAH has designed a project which is ready to proceed and critically needed. Based on their track record,l know they will develop a project the City and State will be proud of,and one which will function well to meet the needs of our most vulnerable seniors. I urge your support for this project, Sincerely, � R Ginny Burdick WASHINGTON COUNTY . OREGON February 25,2009 Victor Merced ' Director Oregon Housing and Community Services Department 725 Summer Street NE,Suite B Salem,OR 97301-1271 RE:The Knoll @ Tigard { Dear Victor: As the director of Washington County's Department of Housing Services and its Housing Authority,I have the privilege of working closely with one of our valued affordable housing providers,Community Partners for Affordable Housing(CPAH). We often interact to solve problems as members of the Housing Advocacy Group(HAG)and the Housing and Supportive Services Network(HISSN),and in other special venues. Over the past year,our community has come together to create a 10-Year Plan to End Homelessness..This Plan - promotes the principles of"Housing Firs',wherein the availability of permanent affordable housing with wra"round services creates what is arguably the best long-term approach to ending homelessness.As part of the X94-Year.Plan. discussions,we are developing a project-based voucher program to be offered on or about.July 2009 following*HUD.- approval. -CPAH has expressed a strong interest in that program,and anticipates applying for rental assistance f6r-8; of:the units at:their proposed project,The Knoll @:Tigard:They are proposing to model a set asidefdr horneldss! veterans similar-to the one they currently manage at The Watershed in Hillsdale.This proposal would-fit{well witKour. 10 Year Plan as'we are aggressively working to expand opportunities_for homeless veterans in Washington County,,,,. .. where they have been underserved.While I am unable to provide specific information at this time on timing`or:a, commitment of vouchers,we.look forward to receiving an application from CPAH for this.important target population. CPAH-managed-properties are well-known for their quality.Their staff and management agent have always been responsive and proactive in their interactions with all tenants,to include an estimated fifteen Section 8 tenants..Their properties are in very good condition and they offer a variety of services on-site—many through partnerships with other local agencies.They have played a strong role in promoting"green-building"in our area and intend to build on this expertise at The Knoll with the innovative reuse of rainwater,a living wall,and other new features. 1 strongly urge.your funding for this critically needed addition of senior housing units in Washington County,-with its set-aside for homeless veterans.The project already enjoys considerable Washingten-Geu*support,as evidence by$1.5 million in HOME funding and a commitment by the City of Tigard to provide fee waivers and expedited processing to help move this project forward.'As a result,your allocation of state resources is now the final and necessary step in allowing this project to proceed.Should you have any questions,please feel free to call. Sincerely, Adolph"Val., a ,Jr. Director Department of Housing Services 1 l l NE Lincoln Street,Suite 200-L,MS 63,Hillsboro,OR 97124-3072 (503)846-4794•fax(503)846-4795•TTY(503)846-4793 Equal Housing Opportunity Good:Neighbor • en• e-r February 24; 2009 11130 SVV:Greeri:burg l2el.: Victor rced cird;::0 ori'97223. Me .. D' ctor : .(5 43-60'8 , • Orgo Housing;atid Comimunity Services:.Department" FgX:(503)443. 3745° 72 ;5uiriinex Streeti NE;`Suite°B ::Tigard.Senior Housing Dear.Victor: As the elirctor of:Tigard`s homeless.shelter{The Good Neighbor Genter);a:Tigard City., Councilor,.aiid a member of:the:county's Policy Advisory Board'(Office"of Cc, iini�y . )evelopfnent),T frequently work.With Cpimuh4.Partners.for.Affordable Housing(CPAm:we.. share a comcriitt�ent`to reducing:homelessness.anclproviding permaiieri#;:service-enriched housing..oppo tuuities:for those who.need.them:most:.:' Ian sendiri thisaetter to su ` zt CPA�I's:a ltcat on for fupdmg.,£oi:Tlie Knoll; :. Ti.ar a 48 g PP4 . . PP � . ? . 8 i�ut se oi=housing project.ui our.downtown a ea:T Bard is plea �d to:ploy a role:`as:a.policy deader not only in tfle:County;but 1q the State: Ve have perhaps d0 . more as as jurisdiction.:. ahari any.vtlier to sup�:ort> o dalile,*housing projeets. - sponsors:within;our city;:To'.ensure the futuie.vlability�of our conirituiuty,we.know that w.e need a diversityaf liou'sing types that;serve a vgnety=of iricizme levels:. = ; has:Been a strorig;partnerfor-the:City.in•riieeting the needs o�oar workFQree;: sen"ors.•and disabled;.Wit,four pmlects;located in, or just:outside; city'liin t� At these sites' :artri r hi:s'u�ith:our;libr`. ehonis and lice'-t ve as d6the'residents:wl o ,.P p. . �y1... I , there. We wily continue to do'everything ye caq tto:encourage high quality iiffordable ::kousirig.in t�uc City:.The Knoll wih.provide our first opportunityfl`meet the ri�eeds o€ low�income.,seruors,with riauch swell=located:and acesi§able building near:transit and services. please.feel free-to call, and we look forv�ardao your declsic y:Sliei ...00d ecuttve.Dueetoi d:Ne hbor::Cenfer - g Tigard:Ci Councrl:lVlember: LoAVEs&FISHES 37te Meals-0If4Vheel9 People Shoda QVW&W-Fink;Executive Mccor Cotmmunity Partners for.Affb dabte Housing P4 Box 23206 Tigard,OR 97281 Octobor-10,2008 Deal'I&Greenlaw F1'n Y aw m this'.laft to indicate ou Support for the-Community Partners for Affordable Housing app en (in to' ashington County ibrHOlvtE.fhnds.l:o$vea auad Rashes and the:! anticipate a stmn Bard Saator Center" B parts hiP..and m .,,. y beneficial mlationsitip resulting from the developmant.of tlio Proposed sotiior center housing project class to our present location. Many of our clients hhve"a raced for xecessiblo*nd.affot"a ho quality. using that is attractive and The l?rO.1 CpAH will fii)t6is.neod.and"servc mauyr oniors u►the'ngard arca: .Loaves and Fishes ahs theTl ret Senior Ceu*r iMUSiOn s4%ment:includes ft following;:"our tuission is to s irich.the live saviors aid assist ihem.tn niakAalniag indept(tdence..."Itis our opinion that.the approval.of CPAI-N application will be a p(Wave seep in Hutt dh esti n"attd urge rafificatiiod.vf tho same so that our senior's livos.wA1 ba:cndched and theywill be assisted in matntaiaing apositive independent 'iifstyta. ' y . on,:Director 71gard Sonlor.Center 1 8815 SW 0%wa Street i Tii.'d,m 97223 , regard 14'6'tSt'F .oay ishes 'Oregon 97223 : Sifirs at u7ivYo loavearrdjishcsanlixe.ana: ca2/25/2009 15:50 5032748559 NWPP PAGE 02/02 nwpp TRUTSTPILOTPRC CT� J2VC0 OS Broadway 4 c'ar'te 200 at Pordland,OR 97201 a(303)2274605■FAX 274.8539 February 25,2009 Victor Merced Director Oregon Housing and Community Services Department 725 Summer Street NE,Suite E Salem,OR 97301-1271 Dear Victor: I write in support of Community partners for Affordable Housing's(CPAH)proposal for the j Knoll,a senior housing project in Tigard. t Northwest Pilot Project(NWPP)serves 1,500 homeless and at risk seniors each year. We are acutely aware of the huge treed for affordable rental housing for seniors. Nortfiwest Pitot project has successfully partnered in the past with CPAH to ensure the success of formerly homeless and at tisk seniors at the CPAH-owned Watershed Apartments in Hillsdale. We envision entering into a similar partnership at the Knoll to help vulnerable seniors achieve long-term housing stability. We know CPAH to be a.nonprofit owner which develops beautiful buildings whose design work is sensitive to the needs of its fixture residents. NWPP anticipates referring very low income seniors to the Knoll and providing otVintg social service support to ensure long term successful tenancies. We urge you to support CPA.H's funding proposal for this much-needed senior housing. Sincerely, I Susan Emmons,Executive Director Northwest Pilot Project i I i ELDERS ii A C O' N Quality of life should never depend on age. . 1 February 23, 2009 Mr.Victor Merced,Director Oregon Housing and Community Services 725 NE Summer Street, Suite B Salem, OR 97301-1271 Dear Mr. Merced: Elders in Action is pleased to support the Community Partners for Affordable Housing's plans to build the 48 unit The Knoll @ Tigard project. This accessible and sustainable project for seniors living on a fixed income is critically needed in the Tigard area. - 1 This project would provide an excellent affordable housing site that will allow seniors to age in place and have access to the library, local senior center,transit and other services. The Knoll @ Tigard is modeled after the successful Watershed @Hillsdale project and will be a tremendous asset to the growing elder population 1n the greater Tigard area. The recent loss of senior housing i1i local Mobile Home 1 Parks makes this effort even more urgent. Elders in Action is a non-profit agency whose mission is"To assure a vibrant community through the active involvement of older adults"We recognize the { tremendous need for this type of housing. At Elders in Action we know that having -safe, secure and stable housing is essential for older adults to be able to maintain -their independence and thrive. We are very familiar with the work of Community Partners for Affordable Housing in the affordable housing arena and in its ability.to create a safe and welcoming environment that provides seniors a place they can truly call home. Sincerely, Vicki Hersen Executive Director Mission: To assure a vibrant community through the active involvement of older adults. 1411 SW Morrison Street, Suite 290-Portland, OR 97205-1912 Phone: (503)235-5474 Fax:(503) 595-7599 info@eldersinaction.org - www.eldersinactioli.org 12345 SW Main Street 0 Tigard,OR 97223 0 g www.tigardchamber.org A 503.639.1656 Victor Merced February 23, 2009 Director Oregon Housing&Community Services Dept. 725.Summer Street NE,Suite B Salem,OR 97301-1271 RE: Community Partners for Affordable Housing(CPAH) Dear Victor: As the CEO of the Tigard Area Chamber of Commerce,I know that Community Partners for Affordable Housing(CPAH)is a long standing pillar in this community. I understand that we were the first organization they joined after incorporating more than ten years ago.Since that time,staff and board members of CPAH have been active and engaged members of our chamber, and our community.Many of our members have found affordable housing options for their employees or family members at CPAH's properties. At the Tigard Chamber,we work to provide a positive and profitable business environment. Affordable housing is a key factor in attracting and retaining a skilled workforce.CPAH provides over 225 units of housing in the Tigard area,serving many who work in the Washington Square Regional Center,-throughout Tigard,and beyond.Their projects are well served by transit, and many of their residents are able to walk to work. The senior housing project they are proposing at Hall and Hunziker is spectacular project that we at the Chamber are in full support of. It is located perfectly to be very transit-friendly and within walking distance are many downtown Tigard amenities: our transit mall,new WES commuter rail line,post office,library,senior center, and many shops and restaurants.I am confident that this project will affect many Tigard Chamber members in a positive way. I know that many of them are already looking forward to providing services for these new residents. We support the efforts of CPAH to add safe,decent, affordable housing in Tigard,particularly a new project in our downtown area—which will help spur further development in this already vibrant town center. Sincerely, �I Christopher Zoucha Chief Executive Officer Tigard Area Chamber of Commerce City of`Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 rr February 25, 2009 r Victor Merced,Director Oregon Housing and Community Services Department 725 Summer Street NE, Suite B Salem, OR 97301-1271 RE: CPAH-Knoll i Dear Mr. Merced, This is to recap recent actions taken by the City of Tigard to financially support the development of the CPAH-sponsored Knoll Senior Housing project. j fi As one component of its adopted Affordable Housing Program, the City of Tigard offers fee j assistance for low-income housing development and rehabilitation. Organizations interested 1 in applying for available Housing Fee Subsidy funds can obtain up to $10,000 per year. The assistance program is designed to offset City fees and charges imposed on affordable housing acquisition, development, and rehabilitation within the Tigard community. The t` ro am is en to public agencies, nonprofit organizations, and for entities providing } P � P g P affordable housing opportunities. 008, CPAH applied for and received the maximum amount availab ,�4100. C Council reviews and approves each separate award. This review includes an in-person z presentation to Council by a representative of the organization making the request. i i Significantly, Council unanimously supported the award of the funds to CPAH. F One of the Fee Subsidy Program guidelines is that any funds not allocated during a funding year will be donated to the Community Housing Fund of Washington County. A condition is that any such dollars will be reserved for projects located inside Tigard. In 2008, CPAH requested and receiv 20,00 Tigard-contributed dollars from the Housing Fund to help finance the Knoll proJec . he City of Tigard strongly supported the award of these funds j to the Tigard-based CPAH. As another form of fmancial support, before the intake deadline of August 2009, the City intends to apply for Community Development Block Grant dollars to improve the roads and j sidewalks bordering the CPAH project on three sides. We anticipate this grant request will C be in the $250,000 range. Additionally, the City will continue to look for and pursue other grant opportunities to help fund needed public improvements serving the Knoll project. i Phone: 503.639.4171 Fax: 503.684.7297 . ® www.tigard-or.gov TTY Relay: 503.684.2772 CPAH's application for a zone change to accommodate the proposed development was unanimously approved by City Council on February 24,2009. Council further expressed their interest in working together to make this a catalyst project for the community. This summarizes the current and anticipated level of financial support provided by the City of Tigard for the Knoll project. Please contact me should you have any questions. Sincerely, Ron Bunch i Community Development Director I i i I I I, I I I i f I j I 1 i i i I i i a i I CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ' RESOLU'T'ION NO. O9-&6 A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING AN APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS ALONG PORTIONS OF SW HALL AND KNOLL STREETS WHEREAS, Community Partners for Affordable Housing has received land use approval to construct a 48- unit senior housing project on a one acre site in Tigard;and WHEREAS, all units will be affordable for individuals and households earning less than 50% of area median income;and WHEREAS, the installation of sidewalks and associated improvements is a condition of the project's land use approval;and WHEREAS, these improvements are identified in an application for federal Community Block Grant fiends; and WHEREAS, these improvements meet the national and county Community Development Block Grant objective of serving persons having low and moderate incomes;and WHEREAS,Washington County will receive an estimated two million for fiscal year 2009/10, for which nine cities,the county,and various non-profit agencies will compete for the funding of eligible projects. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard hereby expresses its support for making improvements to SW Hall and Knoll Streets and authorizes submission of an application for federal assistance. SECTION 2: This resolution is effective immediately upon passage. ` i PASSED: This(DD Y� day a J"O 2009. J Mayor- City of Tigard ATTEST: City Recorder-City of Tigard IALRPLN\Councd Materials\2009\9-22-09 CDBG Knoll Resolution Attachment 1.doc AOL WASHINGTON COUNTY OREGON August 10, 2009 C 1 AUG I 9 Mayor Craig Dirksen Cit � � x City of Tigard Akdmlir1i t,4�:'.':P 13125 SW Hall Blvd. Tigard, OR 97223 Subject: Notice to Proceed CDBG Project: #1123, City of Tigard, Garrett Street Sidewalks Dear Mayor Dirksen: Enclosed is the City of Tigard's copy of the executed agreement between the County and the City for the above project. An environmental clearance has been completed for the project and is on file in this office. Accordingly, you may proceed to incur costs under this grant, effective August 10, 2009. Please be advised that the CDBG program will not be liable for any cost incurred prior to this date. The CDBG Voucher Request form is available in electronic format. You can access the form at http://www.co.washington.or.us/CommunityDeveloprnent/BlockGrant/forms.cfm. Then, click on Forms. Be sure to contact Jeff Pogolowitz at 503-846-4436 if you have any questions regarding this project. Sincerely, Peg A. Linden, Program Manager Offic. of Community Development Enclosure cc: Craig Prosser Duane Roberts S\Con-09\1123 NO2P Office of Community Development 328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967 phone: (503) 846-8814 • fax: (503) 846-2882 bcc AGREEMENT between WASHINGTON COUNTY and CITY OF TI PARD #Ia-y This Agreement, entered into this of - = between Washington County, a municipality of the State of Orego here' after referred to as the "County"), and the City of Tigard, (hereinafter referred to as the "City"): RECITALS -- A. The County is an urban county applicant for Block Grant funds under the Housing and Community Development Act of 1974 (the Act), 42 USC 301 et seq as amended, and the National Affordable Housing Act of 1990, and will receive Block Grant funds for the purpose of carrying out eligible community development and housing activities under the Acts and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570; B. The County and various cities within the County, including the City, have agreed to cooperate in the undertaking of essential community development and housing activities; C. The County desires to have certain services performed by the City as described within this Agreement for the purpose of implementing eligible activities under the Act and HUD regulations; D. It is appropriate and mutually desirable that the City be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, state law and local law are adhered to, as provided for herein; E. The purpose of this Agreement is to provide for the cooperation between the County and the City, as the parties in this Agreement, in implementing such eligible activities in the manner described above; F. The parties are authorized and empowered to enter into this Agreement by ORS 190.010 et seg., by the Constitution of the State of Oregon; and G. Therefore, in consideration of the payments, covenants, and agreements hereinafter mentioned and to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this Agreement. Ccfnr 4.2006 Page 1 of 27 CITY WASHINGTON COUNTY gn ture fi A�vn, Chairman, Board of County Commissioners ,f 4 Signature -- Recording Secre ry '/ L /4 q -oj Dat Date BOARD or COmmiSSIONEU i,g,qT-i TE ORDER 0 ....D>=4.:1,a16a�......b.��ae+s APPROVED AS TO FORM -PATE .........>...:u....a...•-e..mwaaaasga+s� Attorney for the Washington County Office of Community Development Ccfnr_4.2006 Page 2 of 27 INDEX TO CONTRACT AGREEMENT PART I. GENERAL CONDITIONS 1. Scope of Agreement and Applicability to Terms and Conditions of this Agreement 2. Scope of Services 3. Commencement and Termination of Projects 4. Administration 5. Operating Budget 6. Compensation and Method of Payment 7. Interest in Property 8. Funding Alternatives and Future Support 9. Amendments 10. Assignment and Subcontracting 11. Hold Harmless and Indemnification 12. Conflict of Interest 13. Default and Suspension 14. Enforcement 15. Appeal 16. Termination 17. Prohibition on the Use of Debarred Contractors 18. Attorney Fees and Costs 19. Extensions Ccfnr 4.2006 Page 3 of 27 PART II. FEDERAL STATE AND LOCAL PROGRAM REQUIREMENTS 1. Procurement Standards 2. Environmental Review 3. Nondiscrimination 4. Property Management 5. Labor Standards 6. Acquisition and Relocation 7. Architectural Barriers 8. Nonparticipation in Political Activities 9. Nonsubstitution for Local Funding 10. Public Information 11. Applicability of Laws Under This Agreement 12. Certification Regarding Lobbying 13. Certification Regarding Use of Excessive Force Part Ill. EVALUATION AND RECORD KEEPING 1. Evaluation 2. Audits and Inspections 3. Records 4. Retention of Records PART IV. SPECIAL CONDITIONS Ccfnr 4.2006 Page 4 of 27 PART V. EXHIBITS A. Project Description, Scope of Activities and Anticipated Accomplishments B. Authorized Signature Card C. Budget Summary Ccfnr 4.2006 Page 5 of 27 PART I. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS OF THIS AGREEMENT A. This Agreement shall consist of the signature page, the general and special conditions; the federal, state and local program requirements; the evaluation and record keeping requirements; each and every project exhibit incorporated in the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. B. Depending upon the specific nature of the project, services or purposes for which Block Grant funds are being provided pursuant to this Agreement, certain terms and conditions contained herein may be made inapplicable by their express citation in Part IV, Special Conditions. Except as so expressly excluded, all terms and conditions contained herein have full application, force and effect. 2. SCOPE OF SERVICES A. The City shall perform and carry out in a satisfactory and proper manner the services set forth in Exhibit A attached hereto which specifies work to be performed. The Agreement may be amended from time to time in accordance with the general conditions for the purpose of amending the scope of work or for any other lawful purpose. B. Any conflict or dispute that may arise with regard to any aspect of CDBG activities for the project shall be resolved by the County's interpretation of the specifications contained in the original project proposal, the current Program Policies, and the County's Office of Community Development CDBG Procedures Manual. Any such determination made by the County shall be final. 3. COMMENCEMENT AND TERMINATION OF PROJECTS A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58.70, the County shall furnish the City with written notice to proceed. No work on the project shall occur prior to the receipt of written notice to proceed from the County. B. All project funds shall be obligated and expended within the project year unless the County and the City agree to an amendment extending project activities beyond the Project Year. For the purposes of this Agreement, Ccfnr_4.2006 Page 6 of 27 "Project Year" shall mean the period from August 4, 2009 through August 3, 2010. C. Any property acquired or improved in whole or in part with CDBG funds shall be used to meet one of the national objectives set forth in 24 CFR 570.208 for a period of twenty (20) years or until August 3, 2030 unless otherwise modified in writing by the parties to this contract. 4. ADMINISTRATION A. The City shall appoint a liaison person who shall be responsible for overall administration of Block Grant funded project(s) and coordination with the County's Office of Community Development. The name of the liaison person shall be specified in writing and submitted to the County's Office of Community Development. The City shall also designate one or more representatives who shall be authorized by the City to sign the Voucher Request and any other forms which may be required. The names of these representatives shall be specified in Exhibit B. B. This Agreement is subject to and supplemental to the Agreement of Intergovernmental Cooperation entered into between the County and participating municipalities. 5. OPERATING BUDGET A. The City shall expend the funds received from the County under this Agreement in accordance with the budget summary submitted by the City to, and approved by, the County. Such budget summary is attached to this Agreement as Exhibit C. No line item expense in the approved budget shall be changed without a budget revision approved by the County's Office of Community Development. The budget revision shall specifically state the reasons for the requested increase and a justification for the corresponding decrease in another line item. Budget revision(s) must be approved by OCD before any costs are incurred by the City. B. The difference between the approved budget amount on a budget line item and a lower or higher bid or quote, in any line item, shall be reported to the County. Excess funds generated by a lower bid or quote shall be considered surplus. The City may submit a budget revision requesting the use of any such surplus, which shall be approved or denied at the discretion of the OCD. Ccfnr 4.2006 Page 7 of 27 C. Matching funds identified in Exhibit C shall mean all funds from non-CDBG sources, including in-kind contributions of staff and materials, other grant sources, charitable contributions, volunteer labor, donated materials and services, and similar items of value to the project. Matching funds shall be used for project purposes, and shall be included within the scope of Audits and Inspections conducted under Part III, Section 2 of this Agreement. Increases in matching funds shall be reported to County and the Operating Budget shall be revised accordingly by the OCD. D. No later than 90 days from the date the County approves the proposed list of activities, which includes this project, the City shall submit to the County's Office of Community Development written evidence that substantiates the matching funds pledged by the City are available. The availability of pledged funds means all approvals, guarantees, or third party commitments from subrecipients or cosponsors, have been received and will enable the City to officially obligate those matching funds. In the event the City fails to submit such evidence or the evidence is deemed by the County to be unacceptable, the County may exercise its termination options under Part I Section 14 of this agreement. 6. COMPENSATION AND METHOD OF PAYMENT A. Subject to the availability of funds from HUD, the County shall reimburse the City for the services specified in Exhibit A. Reimbursement shall be requested by the City by submitting a Community Development Voucher Request (OCD Form 2) and a Program Accomplishments reporting form (OCD Form 3); the forms are to be signed by the City's authorized representatives in a manner prescribed by the County. B. The County will make payment to the City within two (2) weeks or as soon as practicable after said invoice is received and approved by the Washington County Office of Community Development. 7. INTEREST IN PROPERTY A. Real Property - In accordance with HUD Regulation 24 CFR, 570.503(b)(8), upon expiration or termination of this agreement the City shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Real property under the City's control that was acquired or improved in whole or in part in excess of$25,000 will be used to (1) meet its original national objective for the time period specified in Part I Section 3.0 of this agreement; or(2) disposed of in a manner that results in reimbursement to the County in the amount equal to the current fair market value less any portions attributable to expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Ccfnr_4.2006 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 seq.) and the regulations issued thereunder (40 CFR Part 15) and the Water Pollution Act, 33 U.S.C. 1251 et. seq. (4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act, as amended, (42 USC Section 4851 et seq.) requiring prohibition of the use of lead-based paint whenever funds under this Agreement are used directly or indirectly for acquisition, construction, rehabilitation, or modernization; elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. (5) Endangered Species Act. The City shall comply with the provisions of the Endangered Species Act of 1973, as amended (16 USC Section 1531 et seq.), particularly Section 7 of the regulations thereunder(50 CFR Part 402). 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 Ccfir 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 just compensation was based. (g) Determination of Just Compensation - A copy of the resolution, certification, motion or other document constituting the determination of just compensation. (h) Purchase Offer- A copy of written purchase offer of just compensation, including all basic terms and conditions of such offer, and a citation of the date of delivery to the owner. This date is the initiation of negotiations and triggers the relocation requirement of making a "Notice of Displacement". (i) Statement of the Basis for the Determination of Just Compensation - A copy of the statement and an indication that it was delivered to the owner with written purchase offer. 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 just compensation was based. (d) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title Report, Title exceptions - A copy of each such document and any similar or related document utilized in conveyance. (e) Purchase of Price Receipt - Evidence of owner receipt of purchase price payment. (f) Either: 1. Documentation that no tenants were affected by the sale; or 2. Copy of General Information Notices sent to tenants and evidence of delivery of said notices. 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 PROJECT DESCRIPTION, SCOPE OF ACTIVITIES AND ANTICIPATED ACCOMPLISHMENTS 2009-2010 CDBG Program Year I. Project Number and Title: CDBG Project#1123, Tigard, Garrett Street Sidewalks II. Description of: Project, Activities, Anticipated Accomplishments, Low and Moderate or Other Target Group Beneficiaries. A. Nature and Purpose of the Project: Construction of sidewalks and associated storm drainage facilities on one side of Garrett Street to current city standards. This section of the street contains many "gaps" along the street creating hazards for both pedestrians and drivers. B. Proposed Location or Impact Area(s): Along the west-side of Garrett Street between Highway 99W and SW Ash Avenue, Tigard, OR C. Duration/Timing of the Project: August 4, 2009 —August 3, 2010 D. Number of Low and Moderate Income or Target Group Beneficiaries: 193 Low to Moderate-income persons will be served. E. Component Activities (CDBG vs. Others): CDBG = $141,790 City = $24,770 F. Quantitative Projections for CDBG Component Activities (in units, linear feet, square feet, etc.) for all acquisitions, construction, reconstruction, rehabilitation, etc.: Construct 795 lineal feet of new in-fill sidewalks and associated storm drainage facilities along the west-side of Garrett Street. EXHIBIT A S/con08/0102 KC scope Project No. //2 _ Project Year Funded O AUTHORIZATION SIGNATURE CARD Project Name rr ��r�-may�/ ✓ 4-�� Applicant's Name 4. i C/ Address /` / of ��-✓ `� 1U�- City, State, Zip 4 r 7 Telephone Number SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: Any TWO signatures required to sign any financial document NAME SIGNATURE VAIJ N(6 tJCru-(C-7k) 1V _ VS I certify that the signatures above are of the individuals authorized to execute financial documents. to Signat of Authorized Official Title of 4thorized ficial EXHIBIT B Project No. 1123 Project Year(funded) 09/10 BUDGET SUMMARY Community Development Block Grant Project Title Garrett Street Sidewalks Legal Name of Entity City of Tigard Address 13125 SW Hall Boulevard City Tigard State Oregon Zip 97223 I. BUDGET LINE ITEMS: A. PERSONNEL SERVICES: 1 Pro'ect Planner $3,200 0 5. Subtotal $3,200 $0 6. Extra Help/Overtime 7. Fringe Benefits 8. TOTAL PERSONNEL COSTS $3,200 $0 B. MATERIALS &SERVICES: 9. Office Supplies $200 $0 10. Operating Supplies 11. Communications 12. Travel and Training 13. Legal & Public Notices 100 0 14. Professional Services $21,270 0 15. Construction Contracts $141,790 $141,790 16. Other: Specify 17. TOTAL MATERIALS & SERVICES $163,360 $141,790 S\cdforms\bgtsum .doc EXHIBIT C WWII, Lanz 18. Capital Outlay: Quantity Item 19. Real Property Acquisition: $0 $0 20. TOTAL CAPITAL OUTLAY $0 $0 ��, �K; w M " $166,560 $141,790 11. SOURCES OF PROJECT FUNDING 1 . Federal 2. State 3. Local Cash 4. Count 5. In-Kind Service & Supply 24 770 6. Other (detail) 7. Subtotal $ $24,770 8. Community Development Block Grant $141,790 9. TOTAL PROJECT COST $166,560 111. AUTHORIZATION - 4 (a lc - IA,4� -�-- - 11 Date Au oriz Signa re for Proj t utho ' ed Signature for Project -------------------------------------------------•-------------------------------------------------------------- COUNTY USE ONLY Reviewed and approved by Washington County Office of Comm . Development on ' 20— By � Signayure���J