HomeMy WebLinkAboutCDBG-CV programs Multi-Service Center AGREEMENT BETWEEN THE CITY OF AUBURN,WASHINGTON
AND MULTI-SERVICE CENTER, FOR EMERGENCY SUBSISTENCESERVICES
RELATED TO THE CITY'S CDBG-CV PROGRAMS
THIS AGREEMENT is made and entered into this 3 day of V\1/4_
2020, ("Effective Date"), between the City of Auburn, Washington (hereinafter the "City") and
Multi-Service Center(hereinafter the"Agency").
RECITALS:
1. The City is an entitlement recipient for Community Development Block Grant
(CDBG)funds under the Housing and Community Development Act of 1974(the Act),Pub. L. 93-
383 as amended,and is eligible to receive CDBG funds for the purpose of carrying out community
development and housing activities authorized under the Act and under regulations promulgated
by the Department of Housing and Urban Development(HUD) at 24 CFR Part 570.
2. The City has had to face,and is still facing, a health emergency due to COVID-19,
a respiratory disease that can result in serious illness or death, and is caused by the SARS-CoV-
2 virus,which is a new strain of coronavirus not previously having been identified in humans and
which can be easily spread from person to person.
3. On January 21, 2020, the Washington State Department of Health (DOH)
confirmed localized person-to-person spread of COVID-19 in Washington State, significantly
increasing the risk of exposure and infection to the general public in Washington State and
creating an extreme public health risk that may spread quickly;
4. On January 31, 2020, the United States Department of Health and Human
Services Secretary Alex Azar declared a public health emergency for COVID-19, beginning on
January 27,2020.
5. On February 29, 2020, Washington State Governor Jay Inslee issued a
proclamation declaring a State of Emergency in all counties of the state of Washington in
response to COVID-19, and the Governor subsequently issued additional/amended
proclamations responding to COVID-19, exercising the Governor's emergency powers under
RCW 43.06.220.
6. Congress then passed and the President signed into law the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act), providing much needed assistance to the
American people as the country was working diligently to combat COVID-19.
7. Thereafter, the Secretary of the U.S. Department of Housing and Urban
Development (HUD) allocated over three billion dollars to be made available through its
Community Development Block Grant(CDBG) programs to address COVID-19(CDBG-CV).
8. The HUD — CDBG-CV programs afford eligible municipal recipients funds to
prevent, prepare for, and mitigate COVID-19 impacts, with expedited and flexible program
requirements.
9. The Washington State Legislature has declared in RCW 35.21.735 that carrying
out the purposes of federal grants or programs is both a public purpose and an appropriate
function for a city,town, county, or public corporation.
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10. The The City wishes to contract with the Agency for the services described in this
Agreement,for CDBG-CV eligible activities under the Rules and Regulations applicable thereto.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement,the parties agree as
follows:
PART I GENERAL CONDITIONS:
1. Scope of Agreement
2. Scope of Project
3. Commencement and Termination of Projects
4. Administration
5. Compensation and Method of Payment
6. Failure to Perform
7. Operating Budget
8. Funding Alternatives and Future Support
9. Amendments
10. Assignment and Subcontracting
11. Hold Harmless and Indemnification
12. Insurance
13. Conflict of Interest
14. Termination
15. Reversion of Assets
PART II. SPECIAL CDBG-CV CONDITIONS:
1. CDBG-CV Requirements
PART III FEDERAL.STATE AND LOCAL PROGRAM REQUIREMENTS:
1. Procurement Standards
2. Environmental Review
3. Nondiscrimination
4. Labor Standards
5. Property Management
6. Acquisition and Relocation
7. National Flood Insurance
8. Lead-Based Paint Poisoning
9. Administrative Requirements and Cost Principles
10. Other Federal Requirements
11. Non-substitution for Local Funding
12. Public Ownership
13. Public Information
14. Lobbying
15. Religious Organizations
PART IV EVALUATION AND RECORD KEEPING:
1. General
2. Evaluation
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3. Audits and Inspections
4. Records
5. Retention of Records
6. Reports
PART V EXHIBITS:
1. Contract Scope of Work, Completion Date and Contact Information.
PART VI ACCEPTANCE AND SIGNATURES:
ATTACHMENTS:
ATTACHMENT #1: General Information
ATTACHMENT #2: Project Budget
ATTACHMENT #3: Special Conditions
ATTACHMENT #4: Records and Reporting
ATTACHMENT #5: Project Timeline/Performance Measurements
PART I. GENERAL CONDITIONS:
1. SCOPE OF AGREEMENT:.
The Agreement between the parties consists of the signature page;the general conditions;
the Federal, State and local program requirements; the evaluation and record-keeping
requirements; each and every project Exhibit and Attachment incorporated into the
Agreement; all matters and laws incorporated in the Agreement; and any written
amendments made according to the general conditions.This Agreement supersedes any
and all former agreements applicable to projects governed by this Agreement.
2. SCOPE OF PROJECT:
The Agency will provide emergency subsistence (rental assistance) to residents of the
City of Auburn. This Agreement and compensation to the Agency is specifically and
expressly dependent upon the City receiving an allocation of CDBG-CV funds to pay for
some or all of the services provided by the Agency. This Agreement may be amended
only by prior written agreement of the Parties.
3. COMMENCEMENT AND TERMINATION OF PROJECTS:
A. When it is notified by HUD that funds will be released,the City will furnish the Agency with
written notice to proceed. No work on a project will occur prior to the notice to proceed
without written approval from the City. Termination dates for individual projects shall be
specified in the appropriate Attachments.Costs incurred after the termination date will not
be reimbursed. The termination date may be changed through amendment of this
Agreement.
B. Upon termination of individual projects covered by this Agreement,the Agency will transfer
to the City any CDBG-CV funds received in advance of thetermination and any accounts
receivable attributable to the use of CDBG-CV funds.
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4. ADMINISTRATION:
The Agency will appoint a liaison who shall be responsible for overall administration of
CDBG-CV funded project(s) and coordination with the City of Auburn's Community
Services Division.The Agency shall also designate one or more representatives who shall
be authorized to sign the Voucher Reimbursement Requests and Program
Accomplishments Forms. The names of the liaison and representatives will be specified
in the Attachment(s).
6. COMPENSATION AND METHOD OF PAYMENT:
A. The City will reimburse the Agency from CDBG-CV funds only for the activities specified
in the Attachments in an amount not to exceed the amount specified on Attachment#1 —
"CDBG-CV APPROPRIATION".
B. The Agency shall submit a properly executed Voucher Reimbursement Request and
Program Accomplishments Form as frequently as requested by the City,but at a minimum
no later than fifteen(15)working days after the close of each calendar quarter throughout
the term of the project.The City will make payment to the Agency not more than forty-five
(45) working days after said Reimbursement Request is received and approved by the
City. The City will issue a statement of correction in the event that the Voucher
Reimbursement Request is erroneous. Payment does not constitute final approval of the
work performed.
C. Any reimbursement must comply with conditions of Letter of Credit Procedure Regulations
1900.23(Revised) in that funds on hand should not exceed $5,000.00 if retained beyond
three (3) days and that any reimbursement in excess of the amount required must be
returned to the City.
6. FAILURE To PERFORM:
If the Agency fails to comply with any terms or conditions of this Contract or to provide in
any manner the activities or other performance as agreed to, the City reserves the right,
following written notice to the Agency, to withhold all or any part of payment, suspend all
or part of the contract,or prohibit the Agency from incurring additional obligations of funds
until the City is satisfied that corrective action has been taken or completed as more
specifically outlined in the Exhibit(s) and Attachment(s) to this contract. The option to
withhold funds is in addition to,and not in lieu of,the City's right to termination as provided
in Section 14 of the General Conditions of this Agreement.
7. OPERATING BUDGET:
The Agency will apply the funds received from the City under this Agreement in
accordance with the Budget Summary found on Attachment#2.No line item expense may
cause total expenditures charged to this Agreement to exceed the total amount
appropriated to the Agency by the City as indicated in Attachment #1 -- "CDBG-CV
APPROPRIATION".
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT:
A. The Agency will report all project income generated under this Agreement for the purposes
specified in this Agreement or generated through the project(s) funded under this
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Agreement. Income that is not used to continue or benefit such project(s)will revert to the
CDBG-CV Fund for reallocation by the City. The City will determine whether income is
being used to continue or benefit a project or projects authorized by this Agreement. If the
City should authorize the Agency to expend the project income, the Agency will comply
with all provisions of this Agreement in expending such project income.
B. The City makes no commitment to future support and assumes no obligation for future
support of the activities contracted for in this Agreement, except as expressly set forth in
this Agreement.
C. Should anticipated sources of revenue become unavailable to the City for use in the
Community Development Block Grant Program,the City will immediately notify the Agency
in writing and the City will be released from all contracted liability for that portion of the
Agreement covered by funds not yet received by the City.
9. AMENDMENTS:
Either party may request modifications in the scope of permissible activities, terms, or
conditions of this Agreement. Proposed modifications which are mutually agreed upon
shall be incorporated by written amendment to this Agreement.A written amendment may
affect a project or projects authorized by this Agreement or may be of general application.
10.ASSIGNMENT AND SUBCONTRACTING:
A. The Agency will not assign any portion of this Agreement without the prior written consent
of the City, and it is further agreed that said consent must be sought in writing by the
Agency not less than fifteen(15)days prior to the date of any proposed assignment.
B. Any work or services assigned or subcontracted under this Agreement will be subject to
each provision of this Agreement and proper bidding procedures.The Agency agrees that
it is as fully responsible to the City for the acts and omissions of its subcontractors and
their employees and agents, as it is for the acts and omissions of its own employees and
agents.
11.HOLD HARMLESS AND INDEMNIFICATION:
A. The Agency agrees that it is financially responsible for any audit exception or other
financial loss to the City which occurs due to Its negligence or its failure to comply with the
terms of this Agreement.
B. Agency shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the Agency
in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
C. If a court of competent jurisdiction determines that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Agency and the City, its officers, officials, employees, and volunteers, the Agency's
liability, including the duty and cost to defend, hereunder shall be only to the extent of the
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Agency's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Agency's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
12.INSURANCE:
A. The Agency shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Agency, its agents,
representatives, or employees.
B. The Agency's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Agency to the coverage provided by such insurance,
or otherwise limit the City's recourse to any remedy available at law or in equity.
C. The Agency shall obtain insurance of the types and coverage described below:
1. Commercial .General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and advertising
injury. The City shall be named as an additional insured under the Agency's
Commercial General Liability insurance policy with respect to the work Performed
for the City using an additional insured endorsement at least as broad as ISO CG
20 26.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
3. Professional Liability insurance appropriate to the Agency's profession.
Professional liability shall include coverage for its employees and officers and all
contractors, volunteers and individuals performing professional services for the
Agency. This requirement may be met instead by a combination of the Agency's
professional liability insurance and professional liability insurance of all others
performing services for the Agency in the minimum amounts shown below.
4. Network Security (Cyber) and Privacy Insurance shall include, but not be limited
to, coverage, including defense,for the following losses or services:
(i) Liability arising from theft, dissemination, and/or use of confidential and
personally identifiable information, including but not limited to, any
information about an individual maintained by the Agency, including(i)any
information that can be used to distinguish or trace an individual's identity,
such as name, social security number, date and place of birth, mother's
maiden name, or biometric records; and (ii) any other information that is
linked or linkable to an individual, such as medical, educational, financial,
and employment information regardless of how or where the information is
stored or transmitted.
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(ii) Lawfully insurable fines and penalties resulting or alleging from a data
breach.
(iii) Event mana9ement _services and first-party loss expenses for a data
breach response including crisis management services, credit monitoring
for individuals, public relations, legal service advice, notification of affected
parties, independent information security forensics firm, and costs to re-
secure, re-create and restore data or systems.
D. The Agency shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than
$5,000,000 each occurrence, $5,000,000 general aggregate.
2. Professional Liability insurance shall be written with limits no less than$5,000,000
per claim and$5,000,000 policy aggregate limit.
3. Network Security(Cyber)and Privacy Insurance shall be written with limits no less
than $1,000,000 per claim, $1,000,000 policy aggregate for network security and
privacy coverage, $250,000 per claim for regulatory action (fines and penalties),
and$100,000 per claim for event management services.
4. The Commercial General Liability and Professional Liability insurance may be
written on one policy combining both coverages as long as separate limits of
insurance are maintained below with the herein specified minimum amounts of
insurance.
E. If any of the required insurance provides coverage on a claims-made basis:
1. The retroactive date must be on or before the date of the Agreement or the
beginning of services provided to the City. Insurance must be maintained and
evidence of insurance must be provided for at least five (5)years after expiration
or termination of the Agreement.
2. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the
Agency must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of services provided by this Agreement.
F. The Agency's Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect to the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City shall be
excess of the Agency's insurance and shall not contribute with it.Insurance is to be placed
with insurers with a current A.M. Best rating of not less than A:VII.
G. The Agency shall furnish the City with original certificates and a copy of the amendatory
endorsements,including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Agency before commencement of the work.
H. The Agency shall provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice.
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I. Failure on the part of the Agency to maintain the insurance as required shall constitute a
material breach of contract,upon which the City may,after giving five business days notice
to the Agency to correct the breach,immediately terminate the contract or,at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith,
with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Agency from the City.
J. If the Agency maintains higher insurance limits than the minimums shown above,the City
shall be insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Agency, irrespective of whether such limits maintained by the
Agency are greater than those required by this contract or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
the Agency.
K. The Agency shall not use or disclose Personal Information, as defined in RCW
19.255.010, in any manner that would constitute a violation of federal law or applicable
provisions of Washington State law. Agency agrees to comply with all federal and state
laws and regulations, as currently enacted or revised, regarding data security and
electronic data interchange of Personal Information.
13.CONFLICT OF INTEREST:
A. Interest of Officers, Employees, or Agents:
No officer, employee, or agent of the City or Agency who exercises any functions or
responsibilities in connection with the planning and carrying out of the City of Auburn
CDBG-CV Program, or any other person who exercises any functions or responsibilities
in connection with the City, shall have any personal financial interest, direct or indirect, in
this Agreement, and the Agency shall take appropriate steps to assure compliance.
B. Interest of Contractor(s)and Their Employees:
The Agency agrees that it will incorporate into every subcontract required to be in writing,
and made pursuant to this Agreement,the following or equivalent provisions:
The Contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the CDBG-CV Program has any personal financial
interest,direct or indirect,in this Contract.The Contractor further covenants that he or
she 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 services hereunder.
The Contractor further covenants that in the performance of this Contract no person
having any conflicting interest shall be employed.Any such interest on the part of the
Contractor or the Contractor's employees must be disclosed to the Agency and the
City.
14.SUSPENSION AND TERMINATION:
A. This Agreement is subject to suspension or termination upon 30 days written notice by the
City should:
1. The Agency mismanage or make improper or unlawful use of CDBG-CV funds;
2. The Agency fail to comply with the terms and conditions expressed herein or the
applicable regulations and directives of the Federal Government, State, or City;
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3. CDBG-CV funds become no longer available from the Federal Government or through
the City;
4. The Agency fail to carry out activities expressed by this Agreement; or
5. The Agency fail to submit reports or submit incomplete or inaccurate reports in any
material respect.
B. This Agreement is subject to suspension or termination upon 30 days written notice by the
Agency should:
1. The City fail in its commitment under this Agreement to provide funding for services
rendered, as herein provided; or
2. CDBG-CV funds become no longer available from the Federal Government or through
the City.
C. This Agreement may be suspended or terminated at any time, in whole or in part, upon
the written agreement of the City and the Agency.
D. Otherwise this Agreement shall terminate on the termination date specified on Attachment
#1 and shall be subject to extension only by mutual agreement.
E. Upon termination of this Agreement, any unexpended balance of the CDBG-CV funds
awarded through this Agreement shall lapse and remain in the City of Aubum's CDBG-
CV fund.
F. In the event that termination occurs under paragraph A(1)of this section,the Agency shall
return to the City all funds which were expended in violation of the terms of this Agreement.
15.REVERSION OF ASSETS:
Upon expiration of this Agreement, the Agency shall transfer to the City any City CDBG-
CV funds on hand at the time of expiration and any accounts receivable attributable to the
use of City CDBG-CV funds.
If the Agency ceases to use any asset acquired or improved with CDBG-CV funds for the
purpose described in this Agreement, within five years following the termination of this
agreement, the Agency shall pay to the City the fair market value of the asset less any
portion of the value attributable to expenditures of non-CDBG-CV funds.
PART II. SPECIAL CDBO-CV CONDITIONS:
1. CDBG-CV Requirements:
In addition to the terms and conditions in the Funding Approval/Agreement, the following
requirements apply to Grantees/Agencies receiving CDBG-CV funds in accordance with the
Coronavirus Aid, Relief and Economic Security Act(CARES Act) (Pub. L. 116-136):
A. The Agency agrees to comply with the requirements in the CARES Act that apply to
CDBG-CV grants and must use the CDBG-CV grant funds to prevent, prepare for and
respond to coronavirus.
B. The Agency agrees to comply with the requirements of the Housing and Community
Development Act of 1974 (42 USC 5301 et seq.) and implementing regulations at 24
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CFR part 570, as now in effect and as may be amended from time to time, and as
modified by the rules, waivers and alternative requirements published by HUD from
time to time. Rules,waivers and alternative requirements of Federal Register notices
applicable to CDBG-CV grants are hereby incorporated into and made a part of the
grant agreement.
C. The Agency agrees to establish and maintain adequate procedures to prevent any
duplication of benefits as required by section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act(42 U.S.C.5155),as amended by section 1210
of the Disaster Recovery Reform Act of 2018(division D of Public Law 115-254; 132
Stat 3442).
D. In addition to the conditions contained in the Funding Approval/Agreement(form HUD
7082), the Agency shall comply with requirements established by the Office of
Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal
Numbering System (DUNS); the System for Award Management (SAM.gov.); the
Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25,
Universal Identifier and General Contractor Registration; and 2 CFR part 170,
Reporting Subaward and Executive Compensation Information.
E. The Agency shall ensure that no CDBG-CV funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain, unless eminent
domain is employed only for public use. For the purposes of this requirement, public
use shall not be construed to include economic development that primarily benefits
private entities. Any use of funds for mass transit,railroad,airport,seaport or highway
projects as well as utility projects which benefit or serve the general public(including
energy-related, communication-related, water- related and wastewater-related
infrastructure),other structures designated for use by the general public or which have
other common-carrier or public-utility functions that serve the general public and are
subject to regulation and oversight by the government,and projects for the removal of
an immediate threat to public health and safety or brownfield as defined in the Small
Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118)shall
be considered a public use for purposes of eminent domain.
F. The Agency or unit of general local government that directly or indirectly receives
CDBG-CV funds may not sell, trade, or otherwise transfer all or any such portion of
such funds to another such entity in exchange for any other funds, credits or non-
Federal considerations, but must use such funds for activities eligible under title I of
the Act.
G. CDBG-CV funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and selected
in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for
Evaluating Project Costs and Financial Requirements." (Source —This condition is
included as requirement on the use of fiscal year 2020 CDBG funds by the Community
Development Fund heading, Department of Housing and Urban Development
Appropriations Act, 2020, Public Law 116-94, and is made applicable to this grant by
the CARES Act).
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PART III. FEDERAL.STATE AND LOCAL PROGRAM REQUIREMENTS:
1. PROCUREMENT STANDARDS:
In awarding contracts pursuant to this Agreement, the Agency 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 RCW 60.28.010,
which addresses retained percentages. In addition, the Agency shall comply with the
requirements of the U.S. Office of Management and Budget Circular A-110 and/or A-102
and/or A-133, as applicable, relating to bonding, insurance and procurement standards;
and with Executive Order 11246 regarding nondiscrimination in bid conditions for projects
over $100,000.00. Where Federal standards differ from local or State standards, the
stricter standards shall apply. The Federal standard of$100,000 for competitive bidding
shall apply only if the applicable State or local standard for competitive bidding is greater
than$100,000.00.
2. ENVIRONMENTAL REVIEW:
A. National Environmental Policy Act:
The City retains environmental review responsibility for purposes of fulfilling requirements
of the National Environmental Policy Act a.s implemented by HUD Environmental Review
Procedures(24 CFR Part 58).The City may require the Agency to furnish data,information
and assistance for the City's review and assessment in determining whether an
Environmental Impact Statement must be prepared.
B. Other Federal Environmental Laws:
In decision making and action pursuant to NEPA,and otherwise under this Agreement the
standards, policies, and regulations of the following laws and authorities shall be followed;
The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended,
particularly section 106 (16 U.S.C. 470(f)); Executive Order 11593, Protection and
Enhancement of the Cultural Environment,May 13, 1971 (36 FR 8921 et seq.),particularly
section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. 469 et seq.), particularly
section 3(16 U.S.C.469a-1),as amended by the Archaeological and Historic Preservation
Act of 1974; Flood Disaster Protection Act of 1973(42 U.S.C.4001 et seq.)as amended,
particularly sections 102(a)and 202(a)(42 U.S.C.4012a(a)and 4106(a));Executive Order
11988, Floodplain Management, May 24, 1977(42 FR 26951 et seq.), particularly section
2(a);Executive Order 11990,Protection of Wetlands,May 24, 1977(42 FR 26961 et seq.),
particularly sections 2 and 5;The Coastal Zone Management Act of 1972(16 U.S.C. 1451
et seq.)as amended, particularly section 307(c)and (d)(16 U.S.C. 1456(c)and(d));The
Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as
amended, particularly section 1424(e)(42 U.S.C.300h-303(e));The Endangered Species
Act of 1973(16 U.S.C. 1531 et seq.)as amended, particularly Section 7(16 U.S.C. 1536);
The Wild and Scenic Rivers Act of 1968(16 U.S.C. 1271 et seq.)as amended, particularly
section 7(b) and (c) (16 U.S.C. 1278(b) and (c)); The Clean Air Act(42 U.S.C. 7401 et
seq.) as amended, particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and
HUD environmental standards (24 CFR Part 51, Environmental Criteria and Standards
(44 FR 40860-40866, July 12, 1979).
C. State Environmental Policy Act:
Agencies that are branches of government under RCW 43.21C.030 retain responsibility
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for fulfilling the requirements of the State Environmental Policy Act, RCW Chapter.
43.21C, and regulations and ordinances adopted under that Chapter. If the Agency is not
a branch of government under RCW 43.21C.030, the City may require the Agency to
furnish data, information and assistance as necessary to enable the City to comply with
the State Environmental Policy Act.
D. Satisfaction of Environmental Requirements:
Project execution under this Agreement by either the City or the Agency shall not proceed
until satisfaction of all applicable requirements of the National and State Environmental
Policy Acts. A written notice to proceed will not be issued by the City until all such
requirements are complied with.
3. NONDISCRIMINATION:
A. General:
The Agency shall comply with all Federal, State and local laws prohibiting discrimination
on the basis of age,sex, marital status, race,creed, color, national origin or the presence
of any sensory, mental or physical handicap. These requirements are specified in RCW
chapter 49.60;Section 109 of the Housing and Community Development Act of 1974;Civil
Rights Act of 1964, Title VI; CMI Rights Act of 1968, Title VIII; Executive Order 11063;
Executive Order 11246; Section 3 of the Housing and Urban Development.Act of 1968;
Section 504 of the Rehabilitation Act of 1973; and, the Age Discrimination Act of 1975.
Specifically,the Agency is prohibited from taking any discriminatory actions defined in the
HUD Regulations at 24 CFR 570.602(b)(1)and shall take such affirmative and corrective
actions as are required by the Regulations at 24 CFR 570.602(b)(4).
B. Specific Discriminatory Actions Prohibited:
1. The Agency may not, under any program or activity to which this Agreement may
apply, directly or through contractual or other arrangements, on the grounds of race,
color, national origin,or sex:
(I) Deny any person facilities, services, financial aid, or other benefits provided
under the program or activity.
(ii) Provide any person with facilities, services, financial aid, or other benefits
which are different, or are provided in a different form, from that provided to
others under the program or activity.
(iii) Subject any person to segregated or separate treatment in any facility or in any
matter or process related to receipt of any service or benefit under the program
or activity.
(iv) Restrict in any way access to, or in the enjoyment of, any advantage or
privilege enjoyed by others in connection with facilities, services, financial aid
or other benefits under the program or activity.
(v) Treat any person differently from others in determining whether the person
satisfies any admission, enrollment, eligibility, membership, or other
requirement or condition which individuals must meet in order to be provided
any facilities, services or other benefit provided under the program or activity.
(vi) Deny any person any opportunity to participate in a program or activity as an
employee.
2. The Agency shall not use criteria or methods of administration that have the effect of
subjecting individuals to discrimination on the basis of race, color, national origin, or
sex, or have the effect of defeating or substantially impairing accomplishment of the
City of Auburn Agreement CDBG-CV CV-2001
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objectives of the program or activity with respect to individuals of a particular race,
color, national origin, or sex.
3. The Agency,in determining the site or location of housing or facilities provided in whole
or in part with funds under this part, may not make selections of such site or location
that have the effect of excluding individuals from, denying them the benefits of, or
subjecting them to discrimination on the grounds of race, color, national origin,or sex;
or which have the purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of the Act or of the HUD Regulations.
C. Fair Housing:
The Agency 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 VII; Executive Order 11063).
D. Employment:
1. In all solicitations under this Agreement, the Agency shall state that all qualified
applicants will be considered for employment.The words"equal opportunity employer"
in advertisements shall constitute compliance with this section.
2. The Agency shall not discriminate against any employee or applicant for employment
in connection with this Agreement because of age, sex, marital status, race, creed,
color, national origin, or the presence of any sensory, mental, or physical handicap,
except when there is a bona fide occupational limitation.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.(RCW chap.49.60;Executive Order 11246
as amended).
3. To the greatest extent feasible, the Agency shall provide training and employment
opportunities for lower-income residents within the area served by CDBG-CV assisted
projects(Section 3, Housing and Urban Development Act of 1968,as amended).
E. Contractors and Suppliers:
1. 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, marital status, race, creed, color, national origin, or the presence of any
sensory, mental, or physical handicap. Such practices include: employment,
upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and
advertisement for employment. (RCW chap. 49.60; Executive Order 11246 as
amended).
2. All firms and organizations described above shall be required to submit to the Agency
certificates of compliance demonstrating that they have, in fact, complied with the
foregoing provisions; provided, that certificates of compliance shall not be required
from firms and organizations with fewer than 25 employees or on contracts and/or
yearly sales of less than$10,000.00.
3. To the greatest extent feasible, the Agency shall purchase supplies and services for
activities under this Agreement from vendors and contractors whose businesses are
located in the area served by CDBG-CV funded activities or owned in substantial part
by project area residents. (Section 3, Housing and Urban Development Act of 1968,
as amended.)
4. CDBG-CV 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
City of Auburn Agreement CDBG-CV CV-2001
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period of debarment, suspension, or placement in ineligibility status under the
provisions of 24 CFR Part 24.
F. Notice:
1. The Agency shall include the provisions of the appropriate subsections A, B,C,D,and
E of this section 3 entitled"Nondiscrimination"in every contract or purchase order for
goods and services under this Agreement and shall send to each labor union or
representative of workers with which it has a collective bargaining agreement or other
contract or understanding a notice advising the said labor union or worker's
representative of the commitments made in these subsections.
2. In advertising for employees,goods or services for the activities under this Agreement,
the Agency shall comply with Attachment 0 to OMB Circular A-102 or A-110, as
applicable, Procurement Standards, paragraph 9,Contracting with Small and Minority
Firms.Women's.Business Enterprise and.Labor_Surolus Area firms.Agencies shall be
considered to be in compliance with this provision if at least one of the following steps
is taken: (a) advertise in a minority publication in addition to publication of general
circulation; (b) utilize a minority contractors bidding center; and (c) utilize the King
County Affirmative Action Office Certified Minority/Women's Business Enterprise
Directory.
4. LABOR STANDARDS:
The Agency shall require that project construction contractors and subcontractors pay
their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as
amended(40 U.S.C. sections 276(a)-276(a)(5)), and that they comply with the Copeland
"Anti-Kickback"Act(40 U.S.C.276(c))and the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.) as 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 fewer than eight families.
5. PROPERTY MANAGEMENT:
A. The Agency agrees that any non-expendable personal property (capital equipment),
purchased wholly or in part with project funds at a cost of$300.00(three hundred dollars)
or more per item, is upon its purchase or receipt the property of the City and/or Federal
government. Final ownership and disposition of such property shall be determined under
the applicable provisions of Attachment N to the U.S. Office of Management and Budget
Circular No. A-102; and/or Attachment N to the U.S. Office of Management and Budget
Circular No.A:110.
B. The Agency shall be responsible for all such property, including its care and maintenance
at the Agency's expense.
C. The Agency shall admit the City's property management officer to Agency's premises for
the purpose of marking such property, as appropriate,with City property tags.
D. The Agency shall meet the following procedural requirements for all such property:
1. Property records shall be maintained accurately and provide for a description of the
property; manufacturer's serial number or other identification number;acquisition date
and cost;source of the property; percentage of CDBG-CV funds used in the purchase
of property, and location, use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled with the
City of Auburn Agreement:CDBG-CV CV-2001
Page 14 of 28
property records at least once every two (2) years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to prevent loss,
damage, or theft of the property. Any such loss, damage or theft of property shall be
investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the property in good
condition.
6. ACQUISITION AND RELOCATION:
A. Any acquisition of real property by a State Agency for any activity assisted under this
Agreement shall comply with the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42
U.S.C.4601 et seq.)and the Regulations at 24 CFR Part 42.
B. Implementation of any project provided for in this Agreement will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or
farms to the greatest extent feasible.
C. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as
the result of acquisition of real property assisted under this Agreement shall comply with
the Uniform Act,the Regulations at 24 CFR Part 42,and the City of Auburn's Displacement.
Policy required by Federal CDBG regulations at 24 CFR 570.305. The Agency shall
comply with the Regulations pertaining to costs of relocation and written policies, as
specified by 24 CFR 570.602(c)and(d).
7. NATIONAL FLOOD INSURANCE:
To the extent indicated by 24 CFR 570.605, the Agency shall comply with the flood
insurance purchase requirements of Section 202(a) of the Flood Disaster Protection Act
of 1973. (42 U.S.C. 4001 et seq. and the Federal regulations issued under that statute).
The Agency shall comply with the Regulations at 24 CFR section 570.605.
8. LEAD-BASED_PAINT POISONING:
The Agency shall comply with the HUD Lead-Based Paint Regulations(24 CFR Part 35)
issued pursuant to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. sections
4831 et seq.) requiring prohibition of the use of lead-based paint (whenever funds under
this Agreement are used directly or indirectly for construction, rehabilitation, or
modernization of residential structures)and notification of the hazards of lead-based paint
poisoning to purchasers and tenants of residential structures constructed prior to 1950.
9. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES:
A. If the Aaencv is a oovemmental entity,the Agency shall comply with the requirements and
standards of OMB Circular A-128, "Audits of State and Local Government," and Circular
A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State,
Local and Federally recognized Indian Tribal Governments," and with the following
Attachments to OMB Circular No.A-102:
1. Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit
insurance;
City of Auburn Agreement CDBG-CV CV-2001
Page 15 of 28
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment G,"Standards for Grantee Financial Management Systems;"
5. Attachment I, "Monitoring and Reporting Program Performance,"Paragraph 2;
6. Attachment J,"Grant Payment Requirements;"
7. Attachment N,"Property Management Standards,"except for Paragraph 3 concerning
the standards for real property;
8. Attachment 0, "Procurement Standards;"and
9. Attachment P, "Audit Requirements?
B. If the Agency is ng.a governmental entity,the Agency shall comply with the requirements
and standards of OMB Circular No. A-133, "Audits of Institutions of Higher Learning and
Other Non-Profit Institutions," and No. A-122, "Cost Principles for Non-Profit
Organizations,"and the following Attachments to OMB Circular No.A-110:
1. Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit
insurance;
2. Attachment B,"Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment H, "Monitoring and Reporting Program Performance,"Paragraph 2;
5. Attachment N,"Property Management Standards,"except for Paragraph 3 concerning
the standards for real property;and
6. Attachment 0,"Procurement Standards."
10.OTHER FEDERAL REQUIREMENTS:
The absence of mention in this Agreement of any other Federal requirements which apply
to the award and expenditure of the Federal funds made available by this Agreement is
not intended to indicate that those Federal requirements are not applicable to Agency
activities. The Agency shall comply with all other Federal requirements relating to the
expenditure of Federal funds, including but not limited to:The Architectural Barriers Act of
1968(42 U.S.C.4151),and the Hatch Act(5 U.S.C.Chapter 15).Additionally,the Agency
shall comply with the Federal requirements described by 24 CFR Part 570, Sections 600
through 603;Section 605; and Sections 607 through 612.
11.NONsuBSTrruTION FOR LOCAL FUNDING:
The CDBG-CV funding made available under this Agreement shall not be used by the
Agency 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.
12. PUBLIC_OWNERSHIP:
For Agencies that are not municipal corporations organized under the laws of the State of
Washington, it may become necessary to grant the City a property interest where the
subject project calls for the acquisition, construction, reconstruction, rehabilitation, or
installation of publicly owned facilities and improvements. The Agency shall comply with
current City requirements regarding transfer of a property interest sufficient to meet any
public ownership requirement imposed by law.
City of Auburn Agreement:CDBG-CV CV-2001
Page 16 of 28
13. PUBLIC INFORMATION:
A. In all news releases and other public notices related to projects funded under this
Agreement, the Agency shall include information identifying the source of funds as the
"City of Auburn CDBG-CV Program."
B. For all construction projects the Agency shall erect a sign to City specifications at the
construction site, identifying the source of funds, except that this requirement may be
waived for construction projects of$100,000.00 or less.
C. The Agency acknowledges that this Agreement and any other information provided by it
to the City and/or relevant to the Project(s) described in the Exhibit(s) and Attachment(s)
are subject to the Washington State Public Records Act, Chapter 42.56 RCW.
14.LOBBYING:
The Agency certifies,to the best of its knowledge and belief,that
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement,and the extension,continuation,renewal,amendment,
or modification of any Federal contract,grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying,"in accordance with its instructions.
C. The Agency shall require that the language of this certification,or equivalent language,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.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than$100,000.00 for each such failure.
15.RELIGIOUS ORGANIZATIONS:
The Agency will comply with all federal requirements concerning religious organizations
and the use of Community Development Block Grant funds. All services delivered must
be dispensed in a clearly non-sectarian manner, devoid of any religious influence.
City of Auburn Agreement CDBG-CV CV-2001
Page 17 of 28
PART IV. EVALUATION AND RECORD KEEPING:
1. GENERAL:
The Agency agrees to maintain records and provide reports as listed in Attachment#4 of
this Contract, and as defined in this Part, below.
2. EVALUATION:.
The Agency agrees to participate with the City in any evaluation project or performance
report, as designed by the City or the appropriate Federal Agency, and to make available
all information required by any such evaluation process.
3. AUDITS AND INSPECTIONS:
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 City, Federal, or State officials
so authorized by law during the performance of this Agreement and during the period of
retention specified in this Part Ill.
A. Audits:
The Agency will provide at or before the contract signing a copy of the Agency's most
recent audit.The Agency will provide to the City a copy of the Agency's most recent audit
for each year in which a contract for the use of funds exists with the City. Failure to provide
such audit will be considered a material breach of the contract and result in a refund to
the City of all moneys paid or due under the contract.
B. Audit Requirements:
Agencies receiving$750,000.00 or more in federal funds will provide to the City the above
required audits conducted in a manner required by 2 CFR Part 200 Uniform Guidance—
Subpart F.
4. RECORDS:
All Agencies receiving Community Development Block Grant funds from the City shall
maintain a certified public audit for the City Community Development Block Grant year in
which the funds are awarded and through each Community Development Block Grant
year or portion thereof, in which the funds are used or a contract exists between the
Agency and the City.As required by HUD Regulations, 24 CFR Part 570,the Agency shall
compile and maintain the following records:
A. Financial Management:
Such records shall identify adequately the source and application of funds for activities
within this Agreement, in accordance with the applicable provisions of Attachment G to
the U.S. Office of Management and Budget Circular A-110. These records shall contain
information pertaining to grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays, and income.
B. Relocation:
City of Auburn Agreement CDBG-CV CV-2001
Page 18 of 28
Agency record keeping must comply with the Uniform Act implementing regulations at 24
CFR Part 42. Indication of the overall status of the relocation workload and a separate
relocation record for each person, business, organization, and farm operation displaced
or in the relocation workload must be kept.
C. Property Acquisition:
Agency files must contain a separate acquisition file for each acquisition process
documenting compliance with the implementing regulations for the Uniform Act at 24 CFR
Part 42.Major requirements include:(a)invitation to owner to accompany appraiser during
inspection, (b) at least one property appraisal, (c)statement of basis for determination of
just compensation, (d) written offer of just compensation, (e) all documents involving
conveyance, (f) settlement cost reporting statement, and (g) notice to surrender
possession of premises.
D. Equal Opportunity:
The Agency shall maintain racial, ethnic, and gender data showing the extent to which
these categories of persons have participated in, or benefited from, the activities carried
out under this Agreement. The Agency 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.
E. 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 270.603 and any State labor standards, as applicable.
F. Miscellaneous Records:
The Agency shall maintain such other records as may be required by HUD or the City.
Such records shall include, but shall not be limited to, a separate and current fde for each
separate CDBG-CV funded project(as represented by separate Exhibits and Attachments
to this Agreement), containing copies of originals of the following:
1. Original Funding Application.
2. Grant Award Letter.
3. Notice to Proceed and/or equivalent written approval from City.
4. Project or program related authorizations, motions, resolutions or meeting minutes of
the Agency's governing body.
5. Contract Attachments, Exhibits and any amendments thereto.
6. This Agreement and any amendments thereto.
7. Voucher reimbursement requests and program accomplishment forms.
8. Bills for payment.
9. Approved vouchers and warrants.
10.Where CDBG-CV funds will support Agency staff salary and/or fringe benefit costs,
payroll time sheets signed by the employee and the employee's supervisor,annotated
to document percent of time charged against the project if less than full time.
11.Where CDBG-CV funds will be used to offset the cost of communications,travel and
office supplies, and where these costs are shared with other programs and no invoice
City of Auburn Agreement:CDBG-CV CV-2001
Page 19 of 28
is available, documentation such as log sheets (for copy machine use, odometer
readings, etc.). As an alternative, annotated invoices may be used to document.
charges as.appropriate.
12. In capital projects where CDBG-CV funds will be used tohire physical laborersand/or
tradespeople(regardless of Davis-Bacon applicability to the project),hours that these
employees worked, and their rate of pay per hour.
Additionally, each project file shall include documentation on all persons who have
benefited from the project, as follows: residence status (Auburn resident, non-Auburn
resident); income status (below 30% of County Median, below 50% of County median,
below 80% of County median, above 80%of county median); ethnic status (white, black,
American Indian or Alaskan Native, Hispanic, Asian or Pacific Islander); and whether or
not beneficiary is a member of a female-headed household.
5. RETENTION OF RECORDS:
Requiredrecords shall be retained by the Agency for a period of three (3) years after
termination of this Agreement, except as follows: (1) Records that are the subject of audit
findings shall be retained for three (3) years after such<fiindingshave'been resolved. (2)
Records for nonexpendable property shall be retained for three (3) years after its final
disposition. Nonexpendable property is defined in Attachment N to U.S. Office of
Management and Budget Circular No..A-102, for governmental entities, and Circular No.
A-110 for non-governmental organizations.
6. REPORTS:
The Agency shall submit such reports as required by the City at such times as required.
by the City. Notwithstanding any other provision of this Agreement to the contrary, the
reports required by the City shall be submitted by the Agency no less than on an annual
basis. Such reports shall,also be submitted prior:to project completion.
PART V. EXHIBITS:.
The following exhibits are incorporated"herein,by reference:
1. Contract Scope of Work, Completion Date and Contact Information:
PART VI. ACCEPTANCE AND SIGNATURES:
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed
effective the day and year first set forth above.
M '-Service Center (AGENCY)
dr* \OLL CCJV2L
`ame) : 00'1 a (Title)- (:FGA
City of Auburn Agreement CDBG-CV CV-2001
Page 20 of 28
CITY OF AUBURN
ncy Ba• Mayor
Approved as to form:
�y-/CgrkUNT P a"--
.,6.(k_Ke eau, City Attorney
•
•
City of Auburn Agreement CDBG-CV CV-2001
Page 21 of 28
ATTACHMENT:#1—
Community Development Block Grant Contract General Information
PROJECT NO.: CV-20.01
TITLE: Multi-Service Center Housing Stability.Program
PROJECT SUMMARY: Respond to the impacts of CO.VID-19 on Auburn residents
by providing emergency subsistence support(rental
assistance)for low to moderate income renters.
ELIGIBILITY: Public Services 24 C.F.R. §570.207(b)(4)
NATIONAL OBJECTIVE: Low/Mod Benefit(Family Size,and Income); 24 C.F.R.
570.208(a)(2)(i)(B)
CDBG-CV APPROPRIATION: $125,480
TYPE OF PROJECT: Public Service
PROJECT LOCATION: 1200 S. 336th St, Federal Way WA
SPECIAL CONDITIONS: See.Attachment.#3 Special Conditions
TERMINATION DATE: December 31,2020
CONTACT PERSON: Maju Qureshi
TITLE: Economic Stability Director
MAILING ADDRESS: P.O. Box 23699,:Federal Way,WA 98093
LOCATION ADDRESS: 1200 S. 336th St, Federal Way,WA 98093
PHONE I FAX NUMBER: 253.838.6810 ext. 111
E-MAIL: majuq@mschelps.org
PERSON(S)AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM
ACCOMPLISHMENTS FORM:
NAME/TITLE: 'IN CORAK,CEO
SIGNATURE: ein4a
NAME/TITLE: BETH.LANCASTER, FINANCE DIRECTOR
SIGNATURE: ,idi 44a
City of Auburn Agreement CDBG-CV CV-2001
Page 22 of 28
ATTACHMENT#2—
Community Development Block Grant Contract Project Budget
PROJECT NO.:CV-2001 TITLE: Multi-Service Center Housing Stability Program
SUMMARY OF TASKS AND COSTS
PERSONNEL.COSTS
Annual Percent of
List Employees by Position Title Salary Time to Item Total
Project
$
Emergency Services Temp $54,750 30% $16,428
Emergency Services Supervisor $76,409 4% $3,057
Emergency Services Director $93,089 3% $2,793
Emergency Services Contract $76,409 8% $6,113
Compliance
Emergency Services Database $52,212 4% $2,089
Admin
Benefits
Benefits included in salad- abov-
Category Total
(Should be the same as No. 1 in
Budget Detail) _ $30,480
(continued)
City of Auburn Agreement CDBG-CV CV-2001
Page 23 of 28
ATTACHMENT#2-
(continued)
Community Development Block Grant Contract Project Budget
BUDGET DETAIL
Column A Column B Column C
Total Budget CDBG-CV Other Non-
Cost Categories Item Funds CDBG-CV
Funds
-- Personnel Costs $30,480 $30,480
— Office/Operating Supplies
- Agency or Purchased Services
— Construction Contracts/Real
Property Acquisition
-- Communications and
Advertisements
— Travel and/or Training
-- Intra-Agency Support $13,000 $13,000
{i.e. administrative overhead}
— Capital Outlay-Construction
— Other: Direct Client Aid $95,000 $95,000
Total Project Costs
(Note:Column A must equal sum $138,480 $125,480 $13,000
of Columns B and C}
Column A Column B Column C
Source of Funds Total City of Auburn Other Sources
-- City of Auburn CDBG-CV Funds $125,480 $125,480
— Other Funds:City of Auburn $13,000 $13,000
General Fund/CARES Act Funds
— Other Funds:
Grand Total
(Note:Column A must equal sum $138,480 $125,480 $13,000
of Columns B and C}
City of Auburn Agreement CDBG-CV CV-2001
Page 24 of 28
ATTACHMENT#3—
Community Development Block Grant Contract
Special Conditions
1. Resolution #5523: In accordance with the legislative intent of the City Council as expressed
in the 2019 Annual Action Plan Amendment adopted by Resolution #5523, the Agency
must
Respond to the impacts of COVID-19 on Auburn residents by providing emergency •
subsistence support (rental assistance) for low to moderate income renters.{CDBG-CV
Eligible under 24CFR570.208(a)}
2. Timely Proaression of Prosect:The Agency agrees that it will complete the above project in
a timely manner, and comply with the time line as set forth in Attachment#4, Project Time
Line.
3. Limitations on Expenditures and Adiustments: In the event that the City receives less
CDBG-CV revenues than originally estimated in the CDBG-CV budget ordinance, the
Agency will receive a proportionately equal reduction in its appropriation relative to the total
decrease in total CDBG-CV revenues. The amount of CDBG-CV funds available to the
Agency is stipulated in the "Notice of Grant Award". If the amount of CDBG-CV funds
available to the Agency is less than appropriated, then the City will notify the Agency in
writing when additional CDBG-CV funds become available.
4. Termination of the Contract This Agreement between the CITY OF AUBURN and
MULTI-SERVICE CENTER shall terminate on 12/31/2020 . In accordance with the
terms of the Agreement, all unspent CDBG-CV funds at the time of termination shall lapse
and return to the City of Aubum's CDBG-CV fund.
5. Public Information: The stipulations of Section 13(B) of the Agreement regarding the
erection of sign identifying the source of funds are hereby waived.
6. Reversion of Assets: In the event that the activity or use conducted upon the premises
acquired or improved by the Agency with the City's CDBG-CV funds changes within twenty
(20) years from the date of this Agreement; then the City of Auburn shall be entitled to
reimbursement from the Agency.The amount of reimbursement shall be equal to the current
market value of the property, less any portion of the value attributable to expenditures from
non-CDBG-CV funds for the acquisition or improvement to the property, multiplied by the
following ratios for each respective year. No reimbursement is required if the use or
ownership of the asset changes after twenty(20)years from above termination date.
Expired Years Reimbursement Ratio
0-5 years 100%
veers 90%
7 years__ _ 80%
8 years 70%
9 years 60%
10 yearn _ 50%
11-12vears 40%
13-14 veers 30%
15-16 years 20%
17-18 years 10%
19-20 years 5%
City of Auburn Agreement CDBG-CV CV=2001
Page 25 of 28
ATTACHMENT#4—
Community Development Block Grant Contract Project Timeline
Part 1.Schedule by Task
Milestones Projected
Total Unduplicated Annual Clients 70
Part 2. Expenditure Rate
CDBG-CV Funds $125,480
City General Funds(non-CDBG funds) $13,000
Total Funds $138,480
Reimbursement Period Funds Vouchered
Protected
07/01/2020—07/31/2020 $23,080.00
08/01/2020—08/31/2020 $23,080.00
09/01/2020—09/30/2020 $23,080.00
10/01/2020—10/31/2020 $23,080.00
11/01/2020—11/30/2020 $23,080.00
12/01/2020—12/31/2020 $23,080.00
City of Auburn Agreement CDBG-CV CV-2001
Page 26 of 28
\l
ATTACHMENT#5—
Community Development Block Grant Contract
Project Timeline/Performance Measurements
All CDBG-CV subrecipients must bill the City in order to access funds from their grant. The City
advances funds to subrecipients in order to expedite payments and then requests a drawdown
from HUD to reimburse the City fund. This is how HUD keeps track of our Timely Expenditure
Requirement and if you do not bill, the City cannot meet its drawdown requirement. Checks are
available generally within 45 days from the date your payment is processed. Quarterly payment
request forms will be customized for your specific activity.
• Monthly payment request forms record expenditures incurred by the organization for a
given period.
• Monthly service unit reports number of unduplicated clients served and other contract-
established service units.
• Direct Benefit reports (demographic reports) maintain data on direct beneficiaries who
were assisted with the funds requested.
1. Reimbursement Schedule:
(a) The Agency must submit a request for reimbursement at least once a quarter and may
submit such a request on a monthly basis, beginning with the date of this Agreement, and
applicable to all costs incurred toward this grant beginning July 1. 2020.
(b) Failure to submit a quarterly request for reimbursement in accordance with Part 1,Section
5 of this Agreement may cause the City to consider the Project abandoned and the CDBG-
CV funds made available for re-appropriation.Continued failure to request reimbursement
and submit required performance reports will cause the City to take corrective action as it
deems necessary.
(c) The City shall reimburse the Agency for its expenses incurred implementing this
Agreement within the forty-five (45) days following the receipt of a Voucher
Reimbursement Request.
2. Reauired Contents of Reimbursement Reauest:
(a) Reimbursement forms as supplied, showing Agency name, address, contact information,
accomplishment data, budget information, and client income verification;forms show how
the Agency has progressed toward its goals as set forth in Attachment#4.
(b) Failure to properly submit a reimbursement request, through the omission of the above-
required items or through material omissions within those documents, will cause the
request to be returned to the Agency and will cause a delay in the disbursement of funds.
City of Auburn Agreement CDBG-CV CV-2001
Page 27 of 28
FIRST AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF AUBURN,WASHINGTON
AND MULTI-SERVICE CENTER,FOR EMERGENCY SUBSISTENCE
SERVICES
RELATED TO THE CITY'S CDBG-CV PROGRAMS
THIS AMENDMENT made and entered into on this day of October,2020, is the
first Amendment to the AGREEMENT made and entered into on the 3`d day of August,2020,
by and between the City of Auburn, a municipal corporation of the State of Washington (the
"City")and the Multi-Service Center,(the `Agency"),collectively the-Parties.-
RECITALS:
'Parties.'RECITALS:
Consistent with the Recitals and the Agreement referenced above, the Parties wish to
modify the term of the Agreement and extend it to allow for expenditures through February 28,
2021. The Parties agree to modify Attachment#1,Termination Date,Attachment#3-Termination
of the Contract date,and Attachment#4,Part 2.Expenditure Rate.
MODIFICATIONS TO THE AGREEMENT:
In consideration of the mutual promises set out in the Agreement and this Amendment,the
Palties agree to modify the Agreement as follows:
Attachment#1,Extend Termination Date through February 28,2021.
Attachment#3,Extend Termination of the Contract to February 28,2021.
Attachment#4,Part 2.Expenditure Rate,Modify Reimbursement Period.
The amended Attachments with modifications are included as Exhibit A.
All other terms and conditions of the Agreement made and entered into on the 3r`'day of
August,2020,shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF,the Parties have executed this Agreement as of this 10 day
of November,2020(the"effective date").
CITY OF AUBURN AGENCY- Multi-Service Center
ancy ,Mayor
ll,%101,15 Date u(3 t 2a
Date
APPROVED AS TO FORM:
Kendra Comeau,City Attorney
Page 1 of 4
Exhibit A
ATTACHMENT#1 –
Community Development Block Grant Contract General Information
PROJECT NO.: CV-2001
TITLE: Multi-Service Center Housing Stability Program
PROJECT SUMMARY: Respond to the impacts of COVID-19 on Auburn
residents by providing emergency subsistence support
(rental assistance)for low to moderate income renters.
ELIGIBILITY: Public Services 24 C.F.R. § 570.207(b)(4)
NATIONAL OBJECTIVE: Low/Mod Benefit(Family Size and Income); 24
C.F.R. § 570.208(a)(2)(i)(B)
CDBG-CV APPROPRIATION: $125,480
TYPE OF PROJECT: Public Service
PROJECT LOCATION: 1200 S. 336th St, Federal Way WA
SPECIAL CONDITIONS: See Attachment#3: Special Conditions
TERMINATION DATE: February 28, 2021
CONTACT PERSON: Maju Qureshi
TITLE: Economic Stability Director
MAILING ADDRESS: P.O. Box 23699, Federal Way, WA 98093
LOCATION ADDRESS: 1200 S. 336th St, Federal Way, WA 98093
PHONE/FAX NUMBER: 253.838.6810 ext. 111
E-MAIL: majuq@mschelps.org
PERSONS)AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM:
NAME/TITLE: RO CORAK, CEO /�
SIGNATURE: t �.. ��-���td —
NAME/TITLE: BETH LANCASTER, FINANCE DIRECTOR
SIGNATURE: '/-,
Page 2 of 4
ATTACHMENT#3—
Community Development Block Grant Contract
Special Conditions
1. Resolution #5523: In accordance with the legislative intent of the City Council as expressed
in the 2019 Annual Action Plan Amendment adopted by Resolution#5523,the Agency must:
Respond to the impacts of COVID-19 on Auburn residents by providing emergency subsistence support
(rental assistance)for low to moderate income renters.{CDBG-CV Eligible under 24CFR570.208(a)}
2. Timely Progression of Proiect: The Agency agrees that it will complete the above project in a
timely manner, and comply with the time line as set forth in Attachment#4, Project Time Line.
3. Limitations on Expenditures and Adiustments: In the event that the City receives less CDBG-
CV revenues than originally estimated in the CDBG-CV budget ordinance, the Agency will
receive a proportionately equal reduction in its appropriation relative to the total decrease in
total CDBG-CV revenues. The amount of CDBG-CV funds available to the Agency is
stipulated in the "Notice of Grant Award". If the amount of CDBG-CV funds available to the
Agency is less than appropriated,then the City will notify the Agency in writing when additional
CDBG-CV funds become available.
4. Termination of the Contract: This Agreement between the CITY OF AUBURN and MULTI-
SERVICE CENTER shall terminate on 2/28/2021 . In accordance with the terms of the
Agreement, all unspent CDBG-CV funds at the time of termination shall lapse and return to
the City of Auburn's CDBG-CV fund.
5. Public Information: The stipulations of Section 13(B)of the Agreement regarding the erection
of sign identifying the source of funds are hereby waived.
6. Reversion of Assets: In the event that the activity or use conducted upon the premises
acquired or improved by the Agency with the City's CDBG-CV funds changes within twenty
(20) years from the date of this Agreement; then the City of Auburn shall be entitled to
reimbursement from the Agency. The amount of reimbursement shall be equal to the current
market value of the property, less any portion of the value attributable to expenditures from
non-CDBG-CV funds for the acquisition or improvement to the property, multiplied by the
following ratios for each respective year. No reimbursement is required if the use or ownership
of the asset changes after twenty(20)years from above termination date.
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Page 3 of 4
ATTACHMENT#4-
Community Development Block Grant Contract Project Timeline
Part 1.Schedule by Task
Milestones Proiected
Total Unduplicated Annual Clients 70
Part 2.Expenditure Rate
CDBG-CV Funds $125,480
City General Funds(non-CDBG funds) $13,000
Total Funds $138,480
Reimbursement Period Funds Vouchered
Projected
07/01/2020-07/31/2020 $17,310.00
08/01/2020-08/31/2020 $17,310.00
09/01/2020-09/30/2020 $17,310.00
10/01/2020-10/31/2020 $17,310.00
11/01/2020-11/30/2020 $17,310.00
12/01/2020-12/31/2020 $17,310.00
01/01/2021-01/31/2021 $17,310.00
02/01/2021-02/28/2021 $17,310.00
Page 4 of 4
CV-2001
ACCOMPLISHMENT DATA REPORT
CITY OF AUBURN AGREEMENT
2020 SCOPE OF SERVICES/CDBG ACCOMPLISHMENT DATA REPORT
To: City of Auburn
ATTN: Community Services
25 W Main St.
Auburn,WA 98001-4998
Agency: Multi-Service Center
1200 S. 336th St
Federal Way,WA 98003
Are professional services(e.g.,counseling,case management)provided as part of this Agreement?
Contract Information
Contract Amount: $138,480
Program Name: Multi-Service Center Housing Stability
Description of Service(s) to be provided: Respond to the impacts of COVID-19 on Auburn residents by
providing emergency subsistence support (rental assistance)
for low to moderate income renters.
Reporting Information(Auburn residents ONLY):
Report for. _1st Qtr./Jan-Mar _2nd Qtr./Apr-Jun _3'd Qtr./Jul-Sep _4th Qtr./Oct-Dec
Total Actual
Projected Sept Oct Nov Dec Jan Feb service
Annual units to
Units date
Unduplicated number
of Auburn residents 70
served with rental
assistance
Narrative: Please attach other relevant information, including current trends, program developments,
special events, publicity, community educations, etc. If actual units are lower than anticipated, please
explain.
CV-2001
MONTHLY FINANCIAL REPORT
CITY OF AUBURN AGREEMENT
2020 CDBG QUARTERLY FINANCIAL REPORT
Agency: Multi-Service Center
1200 S. 336th St
Federal Way,WA 98003
Program: Multi-Service Center Housing Stability Program
COST CATEGORIES CDBG-CV Other This Cumulative- Award
Award Auburn Request to-Date Balance
Funds
Award
1 Personnel/Agency $30,480
Services
2 Office/Operating Supplies
3 Consultant/Purchased
Svcs.
4 Direct Client Assistance $90,000
5 Communication
6 Travel&Training
7 Intra-Agency Support
8 Other per detail
Grand Total: $138,480
Requested
Reimbursement:
Completed by:
Detail as applicable:
CV-2001
CDBG DEMOGRAPHIC REPORT
CITY OF AUBURN AGREEMENT
2020 CDBG DEMOGRAPHIC REPORT
Agency: Multi-Service Center
1200 S. 336th St
Federal Way,WA 98003
Program: Multi-Service Center Housing Stability Program
t m Extremely Low Income 0-30%of MFI _
e ! � -a° Very Low Income 31-50%of MFI
Low Income 51-80%of MFI
} h
�i TOTAL
N adz, 1
fir':.'.;:.E� #. Female
z1r,,�x Ll ti , Male
0-4
5-12
j4 . 13-17
f. f
711:
i � �� - 18-34
$t 35-54
9�sx tl4 sc r i K A"
*� . 55-74
hf3 �
{
75+e
,,,. ,�' • Unknown
t ' k TOTAL
�' Hispanic Hispanic Hispanic Hispanic Hispanic
� { it " White
: Black/African American
wk,. g� ,fir ,,< Asian .
3 b e `t American Indian or Alaska Native
a r 3 Native Hawaiian or Other Pacific
t ���� -,.r4,4...,� Islander _ _
% fol ra' American Indian or Alaska Native
X4-iw AND White
:, Asian AND White
; Black/African American AND White
American Indian/Alaska Native AND
Black/African American _
!,'!'.'i.:'
Other Multi-Racial t ,
i f. 4 ' 71_ TOTAL
''a r-,':',.11,,:„-,'„..-,,,..Z-1-7,-,.,'',, Disabling Condition
: 41' i--!-`i'%,', Limited English Speaking
- Female-Headed Household
E:.,,,,4:,-.'',..'i:.,;--,,,,,,,--,,-„;,,,,,-':'; Male-Headed Household
-. Individuals E
, ..> Families
�: , TOTAL
s
i