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HomeMy WebLinkAboutAgreement Between COA and HealthPoint - For Emergency Subsistence Services Related to The City's CDBG-CV ProgramsAGREEMENT BETWEEN THE CITY OF AUBURN, WASHINGTON AND HEALTHPOINT, FOR EMERGENCY SUBSISTENCESERVICES RELATED TO THE CITY'S CDBG-CV PROGRAMS THIS AGREEMENT is made and entered into this t,"tt day of aus_ 2020, ("Effective Date"), between the City of Auburn, Washington (hereinafter the "City") and HealthPoint (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. 10. 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 3. Audits and Inspections 4. Records 5. Retention of Records 6. Reports PART V EXHIBITS: 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 primary health and dental care 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. 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). &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 $ 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". &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 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. IO.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 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. ii.Lawfully insurable fines and penalties resulting or alleging from a data breach. iii.Event management 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. 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. 11CONFLICT 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; 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 Auburn'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. 15.11REVERSION 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 ILSPECIAL CDBG-CV CONDITIONS: 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 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 a 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). - 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 as 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 43.21 C.030 retain responsibility 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; Civil 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 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 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 O 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 Surplus 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;rop vided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families. 6.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 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 sea.) 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 Agencyis s a _governmental 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; 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 O, "Procurement Standards;" and 9. Attachment P, "Audit Requirements." B. If the Agency is not 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 O, "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.NONSUBSTITUTION 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. 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. 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 III. 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: 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 file 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 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 to hire physical laborers and/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. &RETENTION OF RECORDS: Required records 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 findings have 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 VLACCEPTANCE AND SIGNATURES: IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the day and year first set forth above. HealthPoint (AGENCY) (Name) Lisa Yohalem (Title) President & CEO CITY OF AUBURN IacGvyBa cMayor Approved as to form: Ken' ra Comeau, City Attorney ATTACHMENT #1 — Community Development Block Grant Contract General Information PROJECT NO.:CV-2002 TITLE: HealthPoint PROJECT SUMMARY: These funds will support COVID-related health services (testing and treatment) for Low to Moderate Income Auburn residents. 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:$100,000 TYPE OF PROJECT: Public Service PROJECT LOCATION: 126 Auburn Avenue, Auburn, WA 98002 SPECIAL CONDITIONS: See Attachment #3: Special Conditions TERMINATION DATE: December 31, 2020 CONTACT PERSON: Joseph Adriano TITLE: Grants Administrator MAILING ADDRESS: 955 Powell Ave SW, Renton, WA 98057 LOCATION ADDRESS: 955 Powell Ave SW, Renton, WA 98057 PHONE / FAX NUMBER: 425-277-1311 E-MAIL: jadriano@healthpointchc.org PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM ACCOMPLISHMENTS FORM: NAME/TITLE: Joseph Adriano, Grants Administrator SIGNATURE:'. (optional) NAME/TITLE: Beth Church, Grants Development Manager SIGNATURE: ATTACHMENT k - Community Development Block Grant Contract Project Budget PROJECT NO.: CV -2002 TITLE: HealthPoint COVID-19 Community Testing and Treatment Program SUMMARY OF TASKS AND COSTS PERSONNEL COSTS List Employees by Position Title Six-month time period 07/01/2020 — 12/31 /2020 Medical Assistant (Respiratory Illness Clinic) Medical Assistant (Respiratory Illness Clinic) Dental Assistant (Greeter, Screener, Patient Welfare Calls) Dental Assistant (Greeter, Screener, Patient Welfare Calls) HealthPoint will contribute Employee Benefits at 22% of salary, includes Medical, Dental, Vision, Retirement, Scholarships, Wellness Program. Total $22,000 Annual Percent of Time to ►tem Total Salary Project for 6 Months $ $50,000 100 $25,000 $50,000 100 $25,000 $50,000 100 $25,000 $50,000 100 $25,000 $0 Category Total (Should be the same as No. 1 in Budget Detail) $100,000 (continued)_ ATTACHMENT #2 — (continued) Community Development Block Grant Contract Project Budget BUDGET DETAIL Column A Column B Column C Source of Funds Total City of Auburn Other Sources --City of Auburn CDBG-CV Funds $100,000 $100,000 --Other Funds: City of Auburn General Fund/CARES Act Funds -- Other Funds: Column A Column B Column C Cost Categories Total Budget CDBG-CV Other Non - CDBG- Item Funds CV Funds --Personnel Costs $100,000 $100,000 --Office/Operating Supplies --Agency or Purchased Services --Construction Contracts/Real Property Acquisition --Communications and Advertisements --Travel and/or Training --Intra-Agency Support i.e. administrative overhead} --Capital Outlay - Construction --Other: Direct Client Aid Total Project Costs {Note: Column A must equal sum $100,000 $100,000 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 $100,000 $100,000 --Other Funds: City of Auburn General Fund/CARES Act Funds -- Other Funds: Grand Total (Note: Column A must equal sum $100,000 of Columns B and C) 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: Provide healthcare services which include testing and treatment for COVID-19.{CDBG- CV Eligible under 24CFR570.208(a)) 2. Timely Progression of Project: The Agency agrees that it will complete the above project in timely manner, and comply with the time line as set forth in Attachment #4, Project Time Line. 311mitations on Expenditures and Adjustments: In the event that the City receives less CDBG• CV revenues than originally estimated in the CDBG-CV budget ordinance, the Agency wil receive a proportionately equal reduction in its appropriation relative to the total decrease it 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 wher additional CDBG-CV funds become available. 4.Termination of the Contract: This Agreement between the CITY Of AUBURN and HEALTHPOINT shall terminate on 12/31/2020 . In accordance with th( terms of the Agreement, all unspent CDBG-CV funds at the time of termination shall laps( 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 erectior 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 acquire( or improved by the Agency with the City's CDBG-CV funds changes within twenty (20) year: from the date of this Agreement; then the City of Auburn shall be entitled to reimbursemen from the Agency. The amount of reimbursement shall be equal to the current market value o 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 ratio; for each respective year. No reimbursement is required if the use or ownership of the asse changes after twenty (20) years from above termination date. Expired Years Reimbursement Ratio 0 - 5 years 100% 6 years 90% 7 years 80% 8 years 70% 9 years -60% 10 years 50% 11-12 years 40% 13-14 years 30% 15-16 years 20% 17-18 years 10% 19-20 years 5% ATTACHMENT #4 - Community Development Block Grant Contract Project Timeline Part 1.Schedule by Task Milestones Proiected Total Unduplicated Annual Clients 300 Part 2.Expenditure Rate CDBG-CV Funds Total Funds Reimbursement Period Funds Vouchered 07/01/2020 — 09/30/2020 $50,000.00 10/01/2020 12/31/2020 $50,000.00 ATTACHMENT #5 - Community Development Block Grant Contract Project Timeline/Performance Measurements - $100,000 $100,000 Proiected 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 Request: 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.