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HomeMy WebLinkAbout06-09-2025 Amended Special Agenda Human Services Committee Special Human Services Meeting June 9, 2025 - 4:00 PM City of Auburn, Annex Building, Conference Room 1 1 East Main Street, Auburn, WA 98001 AMENDED AGENDA CALL TO ORDER PUBLIC PARTICIPATION A. The Special Human Services Committee Meeting is scheduled for Monday, June 9, 2025 at 4:00 p.m. City of Auburn, Annex Building, Conference Room 1, 1 East Main Street, Auburn, WA 98001. Virtual Participation Link: To listen to the meeting by phone or Teams, please call the number below or click the link: Telephone: 509 530 1507 Meeting Passcode: 787102909# Join the meeting now Meeting ID: 242 930 476 602 5 Passcode: ek2xT9UM ROLL CALL AUDIENCE PARTICIPATION A. The public can participate in-person or submit written comments in advance. Participants can submit written comments via mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the day before the scheduled meeting and must be 350 words or less. Please mail written comments to: City of Auburn Attn: Jody Davison, CDBG Coordinator 25 W Main St Auburn, WA 98001 Please fax written comments to: Attn: Jody Davison, CDBG Coordinator Fax number: 253-288-3132 Email written comments to: jdavison@auburnwa.gov If an individual requires accommodation to allow for remote oral comment because of a difficulty attending a meeting of the governing body, the City requests notice of the need for accommodation by 5:00 p.m. on the day before the scheduled meeting. Participants can request accommodation to be able to provide a remote oral comment by contacting the Human Services Department in person, by phone 253-876-1965, or by email (jdavison@auburnwa.gov). PUBLIC HEARING ON HUD SECTION 108 LOAN Page 1 of 48 A. A Public Hearing to consider a HUD Section 108 Loan for the purpose of conducting a reconstruction of the Auburn Resource Center Building. ACTION ITEMS A. Unspent 2024 Human Services Grant Dollars. Review and vote on spending priorities for the unallocated 2024 balance of Human Services Grant Funds. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office and on the City website (http://www.auburnwa.gov). Page 2 of 48 Section 108 Loan Application Proposal Redevelopment and Expansion of the Resource Center Auburn, WA May 2025 Page 3 of 48 Auburn, WA Section 108 Loan Application Page | 2 TABLE OF CONTENTS GENERAL INFORMATION ............................................................................................................................................ 1 SECTION I .................................................................................................................................................................... 2 Discussion of the Proposed Activities in the Context of the Applicant’s Community Development Objectives as Included in its HUD Consolidated Plan ................................................................................................................ 2 Requested Amount of Section 108 Assistance .................................................................................................... 2 108 Citizen Participation ..................................................................................................................................... 3 Specific Section 108 Certifications and Other CDBG Certifications to Accompany an Application ..................... 4 SECTION II ................................................................................................................................................................... 4 Project Information............................................................................................................................................. 4 Section 108 Closing ........................................................................................................................................... 12 Form of Assistance ............................................................................................................................................ 12 Information on Organizational Arrangements .................................................................................................. 12 Sources and Uses .............................................................................................................................................. 13 Use of Section 108 Funds ................................................................................................................................. 13 Other Financing Sources ................................................................................................................................... 14 Revenue and Operating Expenses .................................................................................................................... 14 Proposed Repayment Terms............................................................................................................................. 14 Collateral ........................................................................................................................................................... 14 SECTION III PROGRAM REQUIREMENTS ................................................................................................................... 16 Eligible Section 108 Activity and associated citations to 24CFR 570.703 and 24 CFR 570.203 for components of that project ....................................................................................................................................................... 16 Description of CDBG national objective(s) that the project(s)/project components will meet and associated citations to 24 CFR 570.208 .............................................................................................................................. 16 SECTION III: LOAN FUND APPLICATIONS ................................................................................................................... 20 Page 4 of 48 City of Auburn, WA Section 108 Loan Application - Page | 3 GENERAL INFORMATION Applicant: Mayor and City Council of Auburn Amount of Current CDBG Allocation $619,474 Amount Requested (in $1,000 increments) $3,000,000 Applicant Information: Chief Elected Official: The Honorable Nancy Backus, Mayor Address: 25 W. Main Street Auburn, Washington 98001 Email: nbackus@auburnwa.gov City Contact: Kent Hay Human Services Director Address: 25 W. Main Street Auburn, WA 98001 Project Location: 2814 Auburn Way North, Auburn, WA 98002 Email: khay@auburnwa.gov Submitting Agency: City of Auburn Human Services Department Agency Contact: Jody Davison CDBG Program Coordinator 25 W. Main Street Auburn, WA 98001 Email: jdavison@auburnwa.gov Project Location 2814 Auburn Way North Auburn, WA 98002 Applicants Congressional District(s): 8th District Page 5 of 48 City of Auburn, WA Section 108 Loan Application - Page | 4 EXECUTIVE SUMMARY The City of Auburn is requesting a Section 108 Loan in the amount of $3 Million Dollars to support the redevelopment and expansion of the City Resource Center located at 2814, 2816, 2818 Auburn Way North, Auburn, WA in the Christopher neighborhood. Loan proceeds will be used to support direct construction costs and the required financing fees. Loan funds will be administered by the City’s Human Services Department and will be repaid through the agency’s annual Community Development Block Grant (CDBG) allocation. The Human Services Department proposes to close on the loan in the Summer 2025. Funds would be paid over 20 years at a variable interest rate with the understanding that final underwriting will be determined by HUD. Constructed in 1979, the Auburn Resource Center originally was used as a retail space until 2020 when the City began leasing 80% of the property. The City’s leasehold changed the primary uses of the property from retail to service. The City subleased space to the Auburn Food Bank, We Care Daily Clinics and number of other smaller non-profits focusing on providing support services to those experiencing or on the verge of homelessness. In addition, the City established a Community Day and Night Shelter at the property. In December 2024, the City purchased the property for $6.13 million. Figure 1. Ribbon Cutting Ceremony December 2024 Page 6 of 48 City of Auburn, WA Section 108 Loan Application - Page | 5 SECTION I Discussion of the Proposed Activities in the Context of the Applicant’s Community Development Objectives as Included in its HUD Consolidated Plan Support for public facilities is referenced in multiple sections of the City of Auburn’s proposed Consolidated Plan which covers the period of January 2025 – December 2029. Public facility improvements are identified as a priority in the SP- 25 Priority Needs section of the Plan. (see pp 94.) These improvements are also a specifically stated goal in the Plan. (See SP-45 Goal Summary pages 104 - 105.) The facility as it currently exists does not meet the needs of Auburn residents or fulfil the intended purpose of the space. The images below are of the Resource Center space (left) and the Community Court (right). The space lacks adequate ventilation, lighting, electrical, facilities and private meeting space. Service providers who meet with clients lack privacy as they engage with clients to discuss confidential and private topics. Resource Center and Community Court space March 2025 Page 7 of 48 Outline Denotes the Area Proposed for Remodel Page 8 of 48 Page 9 of 48 Outline in Red Notes Community Court Space with Purple Noting the Resource Center Space Page 10 of 48 City of Auburn, WA Section 108 Loan Application - Page | 9 Requested Amount of Section 108 Assistance The City of Auburn is requesting $3 Million Dollars ($3,000,000) in Section 108 assistance to be used as an investment in rehabilitation of the Auburn Resource Center. 108 Citizen Participation Public involvement in the proposed activities described in this Application began with an initial introduction to the Auburn City Council on April 28th, 2025. A public meeting was held on May 19th to discuss the redevelopment of the city’s Resource Center. The City began the required 30-day notification and public- comment period on the draft Section 108 Loan Application on May 3rd, 2025, by posting a Notice in the Seattle Times, placing the draft on its website, and sending an email notification about the availability to comment to interested citizens, partners, elected officials, and residents. The draft application was also posted on Speak Up Auburn, an on-line community engagement platform hosted by the City’s Human Services Department. Summary of Public Comments Auburn Received a total of ____ comments Summary of comments or views not accepted and the reasons for not accepting them: ____________________________TBD) A summary of comments and the City’s response:_________________________________________ (TBD) Specific Section 108 Certifications and Other CDBG Certifications to Accompany an Application The required certifications are attached to this application. Page 11 of 48 City of Auburn, WA Section 108 Loan Application - Page | 10 Page 12 of 48 City of Auburn, WA Section 108 Loan Application - Page | 11 SECTION II Project Information Site, Facility Description & Proposed Improvements: Section 108 funds will be allocated for the redevelopment of the Auburn Resource Center, located at 2801-2826 Auburn Way North, Auburn, WA 98002. Originally built in 1979 as retail space, the 29,000 sq. ft. facility transitioned in 2020 when the City began leasing 80% of the property, shifting its primary function from retail to service -oriented uses. In December 2024, the City purchased the property for $6.13 million. The City now subleases portions of the space to the Auburn Food Bank, We Care Daily Clinics, and several smaller non-profits focused on providing support to individuals experiencing or at risk of homelessness. The City has also established the Ray of Hope day shelter and the Sundown night shelter on the premises. The Auburn Resource Center is the first of its kind in South King County, offering a unique service model. Each week, its doors open to the community, providing a centralized hub where various non-profit organizations come together to offer services ranging from health care and financial assistance to support housing, ID/document assistance, and substance abuse treatment for individuals. Located in the North Auburn, Resource Center is easily accessible via a major bus line and is situated in an area with the highest concentration of extremely low-Income households. Over 38% of residents in this region fall below the HUD median family income limits. The facility is a single-story building with a total gross area of 29,074 sq. ft., located on a 2.63-acre site, with ample parking space. As part of the redevelopment, the City plans to modify the current space used for the Auburn Resource Center and Community Court. The improvements will include a conference room, private meeting spaces, a reception area, and upgraded, accessible restrooms for clients. Additionally, the renovation will address plumbing, roof, and foundation modifications, fire sprinkler systems, electrical upgrades, interior signage, and the creation of new office spaces. Since the site was originally leased by the City, the interior of the leased space has undergone one upgrade and modernization efforts. However, the City lacks funding for the comprehensive redevelopment that is proposed. Page 13 of 48 City of Auburn, WA Section 108 Loan Application - Page | 12 Low Income areas of Auburn, WA, Showing the Centrally Located Resource Center Project Schedule Construction on the facility is expected to begin in January 2026 and will take approximately 12 months to complete. It is anticipated that the Resource Center and Community Court will temporarily relocate to the Les Gove Park facility, another City owned facility, during construction. It is anticipated that the Resource Center will reopen in March 2026 following the completion of construction. The construction contract is expected to be advertised in the Seattle Times and will follow City procurement policies and include Davis-Bacon wage requirements, and BABA. The advertising, review, and award process is anticipated to last five months. Prior to advertising work, the City requires that all funds are committed to the project. To have Section 108 funds available by the estimated Fall of 2025 construction advertising date, the Human Services Department anticipates seeking approval from the City Council to submit a final Section 108 Loan Application in June 2025. The request for board approval will have been preceded by a 30-day public comment period. Part 58 Environmental Review is expected to receive a FONSI Notice in Spring 2025. The table below outlines key dates associated with the proposed construction and renovations: ENVIRONMENTAL REVIEW & RELEASE OF FUNDS ACTIVITY START DATE DURATION Environmental Review Spring 2025 1 Month Release of Draft Application/30-Day Public Comment Period/Review and Incorporation of Comments Spring 2025 30 days HUD Release of Funds Notification Spring 2025 30 days Section 108 APPLICATION REVIEW & APPROVAL ACTIVITY START DATE DURATION City Council Estimates Approval of Department of Human Services Ability to Submit Final Application and Execute Loan Documents Spring 2025 30 days Formal Submission of Draft Section 108 Application for HUD Review Summer 2025 90-120 days PREDEVELOPMENT ACTIVITY START DATE DURATION Geotech Survey Fall 2020 Complete Design Development Spring 2021 Complete FINANCING APPROVAL ACTIVITY START DATE DURATION Approval of Section 108 Application from HUD Summer 2025 120 days Estimates Approval of Section 108 Loan Documents Fall 2025 45 days Page 14 of 48 City of Auburn, WA Section 108 Loan Application - Page | 13 CONSTRUCTION ACTIVITY START DATE DURATION Review & Submission of Permits January 2026 30 days Preparation of Construction Documents Completed Resource Center Closes February 2026 9 months Procurement, Advertise Construction Contract, Review, Award, Notice to Proceed January 2026 Contract Awarded/ Notice to Proceed March 2026 30-45 days Submit Application for Building Permits March 2026 30 days Construction Begins April 2026 Construction Complete April 2026 9-12 months Center Reopens October 2026 Section 108 Closing The City is seeking to close on its financing with HUD in Summer 2025 prior to the start of the public procurement process. An early fall closing will provide sufficient time to satisfy City requirements and finalize construction and bid documents for advertising. Form of Assistance Funds will be made available directly to the Human Services Department. Information on Organizational Arrangements Funds will be accepted by the Human Services Department with project construction managed by the Public Works Department within the City. The City has on-staff inspectors to manage all construction projects. Projects receive a variety of City, state, and federal funds. Recent and current projects with federal funds include the 5th Street Sidewalk Improvement project in 2023 and 2024. Sources and Uses (to be updated) USES Design $50,000 Renovations, Furniture, Equipment & Art $2,922,400 Construction Administration, Management, Inspections $300,000 Section 108 Financing Fee to be paid with Section 108 loan proceeds. $24,600 TOTAL USES $3,000,000 SOURCES Section 108 Loan $3,000,000 TOTAL SOURCES $3,000,000 Use of Section 108 Funds $3 million of the Section 108 Loan proceeds will be used towards renovation and new construction costs Page 15 of 48 City of Auburn, WA Section 108 Loan Application - Page | 14 including: • Bathroom upgrades • Installation of ADA accessible signage • Commercial plumbing fixtures • LED light fixtures • HVAC upgrades • Wall relocation and finishes • Exterior doors • Roof and foundation modifications/repairs • Interior walls/floor/ceiling finishes • Plumbing upgrades • Fixed furnishings • Electrical work Detailed Construction Estimates, along with a construction budget highlighting items that will be paid for with Section 108 Loan funds, can be found at the end of the document and are currently being updated. Revenue and Operating Expenses As a City-owned facility, the Auburn Resource Center offers its services and facility to all members of the public free of charge. Annual operating costs are approximately $1 Million and are included in the City’s Operating Budget. Proposed Repayment Terms The Human Services Department, on behalf of the Mayor and City Council of Auburn, are requesting a Section 108 Loan in the amount of $3 million dollars. The loan would be repaid over 10 years from Auburn’s annual Community Development Block Grant allocation at a variable interest rate. Future loan restructuring may be sought by the City. Auburn understands that final terms and payment amounts are subject to HUD underwriting standards and bond sales, and that the loan repayment amount may be different from what is being projected. Collateral Subject to appropriations, the borrower shall deposit amounts sufficient to satisfy the necessary account balance within 30 days of the date in which the borrower’s bond rating falls below the minimum bond rating and maintain the necessary account balance until all notes are fully paid and satisfied. Borrower shall only make withdrawals from the debt service reserve account for the purpose of paying Section 108 payment obligations or for the investment of funds into the debt service reserve investment account. If Borrower makes any withdrawals from the debt service reserve account to pay Section 108 payment obligations, then subject to appropriations, borrower shall replenish the debt service reserve account to the necessary account balance within 30 calendar days. Borrower shall not incur, create, assume, or permit to exist, any lien or encumbrance on the debt service reserve account other than as provided in this Contract. “ Page 16 of 48 City of Auburn, WA Section 108 Loan Application - Page | 15 SECTION III PROGRAM REQUIREMENTS [Please note that HUD can assist in identification of this information.] Eligible Section 108 activity and associated citations to 24CFR 570.703 and 24 CFR 570.203 for components of that project. The rehabilitation of the Auburn Resource Center is eligible activities pursuant to Subpart M, Section 570.703 (l) of CFR 24 Housing and Urban Development; Subtitle B. Regulations Relating to Housing and Urban Development; Chapter V; Subchapter C. Section 570.703 (l) allows for the acquisition, construction, reconstruction, rehabilitation or historic preservation, or installation of public facilities. The payment of credit subsidy costs is eligible under Subpart M at Section 570.712(a). The costs are payable from the grant allocated to the issuer pursuant to the Act (including program income derived therefrom) or from other sources. However, costs are only payable from guaranteed loan funds if the fee is deducted from the disbursement of guaranteed loan funds. Description of CDBG national objective(s) that the project(s)/project components will meet and associated citations to 24 CFR 570.208 Supporting documentation demonstrating how national objectives will be met Example: For LMI area benefit (24 CFR 570.208(a)(1)), please provide maps and census information or survey data on proposed area. The rehabilitation and expansion of the Auburn Resource Center meets the national objective of an activity benefitting low and low to moderate-income persons found in CFR 24 Housing and Urban Development; Part 570 Community Development Block Grants Section 570.208(a)(1)(i). The activity will serve residents citywide which comprises three (4) census blocks groups made up of (21) twenty census tracts. The following table contains the low and moderate-income population tabulations and percentages for each of the census block groups. It also calculates the low and moderate-income percentage of the area in total which is 79.2 percent. Following the block group data is a map of the catchment area that will be served by the project with census tract and neighborhood boundary overlays. Low Low- Mod 1Low- Mod & Med Low- Mod- UNIV Low % Low-mod % State County Tract Block group Neighborhood Names 630 795 955 1,070 58.9% 74.3% 53 33 305.01 1 North Auburn 705 800 1,030 1,045 67.5% 76.6% 53 33 305.01 2 North Auburn 460 620 1,115 1,775 25.9% 34.9% 53 33 305.03 3 North Auburn 515 910 1,235 1,595 32.3% 57.1% 53 33 305.03 2 North Auburn 860 1,055 1,600 1,645 52.3% 64.1% 53 33 305.03 1 North Auburn 190 320 465 590 32.2% 54.2% 53 33 305.04 1 North Auburn 660 925 1,270 1,605 41.1% 57.6% 53 33 305.04 3 North Auburn 625 875 1,230 1,420 44.0% 61.6% 53 33 305.04 2 North Auburn 670 845 1,130 1,215 55.1% 69.5% 53 33 305.04 4 North Auburn 5315 7145 10030 11960 59.7% Poverty Density for the Area 1 CDBG low and moderate-income data - HUD Exchange Page 17 of 48 City of Auburn, WA Section 108 Loan Application - Page | 16 The poverty density for this area is derived dividing the LOWMOD by LOWMODNIV2 Reference Maps Auburn Census Block Map showing the location of the proposed project 3Qualified Census Tract Area in Auburn, Washington Neighborhoods with the greatest low-income populations are the Lea Hill and North Auburn neighborhoods. The Auburn Resource Center is centrally located within these neighborhoods and is easily accessible to Auburn’s most vulnerable populations. The resource center ‘s location is noted with the red x. 2 LOWMODUNIV = Persons with the potential for being deemed Low MOD. Used as a denominator in calculation. 3 Qualified Census Tracts (QCTs) and Difficult Development Areas (DDAs) | HUD USER Page 18 of 48 City of Auburn, WA Section 108 Loan Application - Page | 17 4Draft Construction Estimate (being updated) 5PROPOSED COMMITMENT SCHEULE Principal Due (date is TBD) Amount August 1st, 2026 $ 284,000 August 1st, 2027 $ 284,000 August 1st, 2028 $ 284,000 August 1st, 2029 $ 284,000 August 1st, 2030 $ 284,000 August 1st, 2031 $ 284,000 August 1st, 2032 $ 284,000 August 1st, 2033 $ 284,000 August 1st, 2034 $ 284,000 August 1st, 2035 $ 284,000 August 1st, 2036 $ 284,000 August 1st, 2037 $ 284,000 August 1st, 2038 $ 284,000 August 1st, 2039 $ 284,000 August 1st, 2040 $ 284,000 August 1st, 2041 $ 284,000 August 1st, 2042 $ 284,000 August 1st, 2043 $ 284,000 August 1st, 2044 $ 284,000 August 1st, 2045 $ 233,956.71 $3,000,000 4 January 2024 Estimate (currently being updated) 5 Final Payment amount and interest will be determined in underwiring Element Element Total Cost Per. SF Foundation $7,235 $1.21 Superstructure $4,500 $.75 Exterior Enclosure $14,800 $2.48 Roofing $5,700 $.95 Exterior Const. $410,787 $68.68 Interior finishes $150,163 $25.11 Plumbing $100,614 $100,614 HVAC $401,575 $67.14 Fire Protection $30,802 $5.15 Electrical $328,498 $54.92 Fixed Furnishing $24,493 $4.10 Demolition $43,733 $7.31 General Cond./Require. $201,636 $33.71 Insurance/Bond $27,321 Cont. Overhead $100,292 $16.77 Escalation $16,683 $2.79 Page 19 of 48 City of Auburn, WA Section 108 Loan Application - Page | 18 Certification(s) Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities ENTITLEMENT PUBLIC ENTITY CERTIFICATIONS In accordance with the applicable statutes and the regulations governing Section 108 application submission requirements, the undersigned certifies, on behalf of the entitlement public entity and to the best of his or her knowledge and belief, that: 1. It possesses the legal authority to make the pledge of grants required under 24 CFR 570.705(b)(2). 2. It has made efforts to obtain financing for activities described in the application without the use of the loan guarantee, it will maintain documentation of such efforts for the term of the loan guarantee, and it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. 3. It possesses the legal authority to submit the application for assistance under 24 CFR Part 570, Subpart M and to use the guaranteed loan funds in accordance with the requirements of Subpart M. 4. Its governing body has duly adopted or passed as an official act a resolution, motion or similar official action: (a) Authorizing the person identified as the official representative of the public entity to submit the application and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public entity to act in connection with the application to provide such additional information as may be required; and (b) Authorizing such official representative to execute such documents as may be required to implement the application and issue debt obligations pursuant thereto (provided that the authorization required by this paragraph may be given by the local governing body after submission of the application but prior to execution of the contract required by §570.705(b)). 5. Before the submission of its application to HUD, it has: (a) furnished citizens with information required by 24 CFR 570.704(a)(2)(i). (b) held at least one public hearing to obtain the views of citizens on the community development housing needs. (c) prepared its application in accordance with the citizen participation requirements and made the application available to the public. 6. It follows a detailed citizen participation plan that meets the requirements described in 570.704(a)(2). 7. It will affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-3619). 8. In the aggregate, at least 70 percent of all CDBG funds, as defined at §570.3 to be expended during the one, two or three consecutive years specified by the public entity for its CDBG program will be for activities which benefit low-and moderate-income persons, as described in criteria at Page 20 of 48 City of Auburn, WA Section 108 Loan Application - Page | 19 §570.208(a). 9. It will comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low-and-moderate income housing described in §570.606. 10. It will comply with the requirements of 24 CFR 570.200(c)(2) regarding the use of special assessments to recover the capital costs of activities assisted with guaranteed loan funds. 11. (Where applicable, the public entity may also include the following additional certification.)It lacks sufficient resources from funds provided under this subpart or program income to allow it to comply with the provisions of 24 CFR 570.200(c)(2), and it must therefore assess properties owned and occupied by moderate income persons, to recover the non -guaranteed loan funded portion of the capital cost without paying such assessments in their behalf from guaranteed loan funds; 12. It will comply with the other provisions of title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.) and with other applicable laws. City of Auburn, Washington _____________________ __________________ Nancy Backus, Mayor Date Page 21 of 48 City of Auburn, WA Section 108 Loan Application - Page | 20 Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities SECTION 108 LOAN GUARANTEE PROGRAM Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) 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 an 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. (2) 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. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 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 and not more than $100,000 for each such failure. City of Auburn, Washington _______________________ Nancy Backus, Mayor _______________________ Date Page 22 of 48 City of Auburn, WA Section 108 Loan Application - Page | 21 SECTION 108 LOAN GUARANTEE PROGRAM Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Auburn, Washington _______________________ Nancy Backus, Mayor _______________________ Date Page 23 of 48 Page 24 of 48 Page 25 of 48 Section 108 Loan Application Proposal Redevelopment and Expansion of the Resource Center Auburn, WA May 2025 Page 26 of 48 Auburn, WA Section 108 Loan Application Page | 2 TABLE OF CONTENTS GENERAL INFORMATION ............................................................................................................................................ 1 SECTION I .................................................................................................................................................................... 2 Discussion of the Proposed Activities in the Context of the Applicant’s Community Development Objectives as Included in its HUD Consolidated Plan ................................................................................................................ 2 Requested Amount of Section 108 Assistance .................................................................................................... 2 108 Citizen Participation ..................................................................................................................................... 3 Specific Section 108 Certifications and Other CDBG Certifications to Accompany an Application ..................... 4 SECTION II ................................................................................................................................................................... 4 Project Information............................................................................................................................................. 4 Section 108 Closing ........................................................................................................................................... 12 Form of Assistance ............................................................................................................................................ 12 Information on Organizational Arrangements .................................................................................................. 12 Sources and Uses .............................................................................................................................................. 13 Use of Section 108 Funds ................................................................................................................................. 13 Other Financing Sources ................................................................................................................................... 14 Revenue and Operating Expenses .................................................................................................................... 14 Proposed Repayment Terms............................................................................................................................. 14 Collateral ........................................................................................................................................................... 14 SECTION III PROGRAM REQUIREMENTS ................................................................................................................... 16 Eligible Section 108 Activity and associated citations to 24CFR 570.703 and 24 CFR 570.203 for components of that project ....................................................................................................................................................... 16 Description of CDBG national objective(s) that the project(s)/project components will meet and associated citations to 24 CFR 570.208 .............................................................................................................................. 16 SECTION III: LOAN FUND APPLICATIONS ................................................................................................................... 20 Page 27 of 48 City of Auburn, WA Section 108 Loan Application - Page | 3 GENERAL INFORMATION Applicant: Mayor and City Council of Auburn Amount of Current CDBG Allocation $619,474 Amount Requested (in $1,000 increments) $3,000,000 Applicant Information: Chief Elected Official: The Honorable Nancy Backus, Mayor Address: 25 W. Main Street Auburn, Washington 98001 Email: nbackus@auburnwa.gov City Contact: Kent Hay Human Services Director Address: 25 W. Main Street Auburn, WA 98001 Project Location: 2814 Auburn Way North, Auburn, WA 98002 Email: khay@auburnwa.gov Submitting Agency: City of Auburn Human Services Department Agency Contact: Jody Davison CDBG Program Coordinator 25 W. Main Street Auburn, WA 98001 Email: jdavison@auburnwa.gov Project Location 2814 Auburn Way North Auburn, WA 98002 Applicants Congressional District(s): 8th District Page 28 of 48 City of Auburn, WA Section 108 Loan Application - Page | 4 EXECUTIVE SUMMARY The City of Auburn is requesting a Section 108 Loan in the amount of $3 Million Dollars to support the redevelopment and expansion of the City Resource Center located at 2814, 2816, 2818 Auburn Way North, Auburn, WA in the Christopher neighborhood. Loan proceeds will be used to support direct construction costs and the required financing fees. Loan funds will be administered by the City’s Human Services Department and will be repaid through the agency’s annual Community Development Block Grant (CDBG) allocation. The Human Services Department proposes to close on the loan in the Summer 2025. Funds would be paid over 20 years at a variable interest rate with the understanding that final underwriting will be determined by HUD. Constructed in 1979, the Auburn Resource Center originally was used as a retail space until 2020 when the City began leasing 80% of the property. The City’s leasehold changed the primary uses of the property from retail to service. The City subleased space to the Auburn Food Bank, We Care Daily Clinics and number of other smaller non-profits focusing on providing support services to those experiencing or on the verge of homelessness. In addition, the City established a Community Day and Night Shelter at the property. In December 2024, the City purchased the property for $6.13 million. Figure 1. Ribbon Cutting Ceremony December 2024 Page 29 of 48 City of Auburn, WA Section 108 Loan Application - Page | 5 SECTION I Discussion of the Proposed Activities in the Context of the Applicant’s Community Development Objectives as Included in its HUD Consolidated Plan Support for public facilities is referenced in multiple sections of the City of Auburn’s proposed Consolidated Plan which covers the period of January 2025 – December 2029. Public facility improvements are identified as a priority in the SP- 25 Priority Needs section of the Plan. (see pp 94.) These improvements are also a specifically stated goal in the Plan. (See SP-45 Goal Summary pages 104 - 105.) The facility as it currently exists does not meet the needs of Auburn residents or fulfil the intended purpose of the space. The images below are of the Resource Center space (left) and the Community Court (right). The space lacks adequate ventilation, lighting, electrical, facilities and private meeting space. Service providers who meet with clients lack privacy as they engage with clients to discuss confidential and private topics. Resource Center and Community Court space March 2025 Page 30 of 48 Outline Denotes the Area Proposed for Remodel Page 31 of 48 Page 32 of 48 Outline in Red Notes Community Court Space with Purple Noting the Resource Center Space Page 33 of 48 City of Auburn, WA Section 108 Loan Application - Page | 9 Requested Amount of Section 108 Assistance The City of Auburn is requesting $3 Million Dollars ($3,000,000) in Section 108 assistance to be used as an investment in rehabilitation of the Auburn Resource Center. 108 Citizen Participation Public involvement in the proposed activities described in this Application began with an initial introduction to the Auburn City Council on April 28th, 2025. A public meeting was held on May 19th to discuss the redevelopment of the city’s Resource Center. The City began the required 30-day notification and public- comment period on the draft Section 108 Loan Application on May 3rd, 2025, by posting a Notice in the Seattle Times, placing the draft on its website, and sending an email notification about the availability to comment to interested citizens, partners, elected officials, and residents. The draft application was also posted on Speak Up Auburn, an on-line community engagement platform hosted by the City’s Human Services Department. Summary of Public Comments Auburn Received a total of ____ comments Summary of comments or views not accepted and the reasons for not accepting them: ____________________________TBD) A summary of comments and the City’s response:_________________________________________ (TBD) Specific Section 108 Certifications and Other CDBG Certifications to Accompany an Application The required certifications are attached to this application. Page 34 of 48 City of Auburn, WA Section 108 Loan Application - Page | 10 Page 35 of 48 City of Auburn, WA Section 108 Loan Application - Page | 11 SECTION II Project Information Site, Facility Description & Proposed Improvements: Section 108 funds will be allocated for the redevelopment of the Auburn Resource Center, located at 2801-2826 Auburn Way North, Auburn, WA 98002. Originally built in 1979 as retail space, the 29,000 sq. ft. facility transitioned in 2020 when the City began leasing 80% of the property, shifting its primary function from retail to service -oriented uses. In December 2024, the City purchased the property for $6.13 million. The City now subleases portions of the space to the Auburn Food Bank, We Care Daily Clinics, and several smaller non-profits focused on providing support to individuals experiencing or at risk of homelessness. The City has also established the Ray of Hope day shelter and the Sundown night shelter on the premises. The Auburn Resource Center is the first of its kind in South King County, offering a unique service model. Each week, its doors open to the community, providing a centralized hub where various non-profit organizations come together to offer services ranging from health care and financial assistance to support housing, ID/document assistance, and substance abuse treatment for individuals. Located in the North Auburn, Resource Center is easily accessible via a major bus line and is situated in an area with the highest concentration of extremely low-Income households. Over 38% of residents in this region fall below the HUD median family income limits. The facility is a single-story building with a total gross area of 29,074 sq. ft., located on a 2.63-acre site, with ample parking space. As part of the redevelopment, the City plans to modify the current space used for the Auburn Resource Center and Community Court. The improvements will include a conference room, private meeting spaces, a reception area, and upgraded, accessible restrooms for clients. Additionally, the renovation will address plumbing, roof, and foundation modifications, fire sprinkler systems, electrical upgrades, interior signage, and the creation of new office spaces. Since the site was originally leased by the City, the interior of the leased space has undergone one upgrade and modernization efforts. However, the City lacks funding for the comprehensive redevelopment that is proposed. Page 36 of 48 City of Auburn, WA Section 108 Loan Application - Page | 12 Low Income areas of Auburn, WA, Showing the Centrally Located Resource Center Project Schedule Construction on the facility is expected to begin in January 2026 and will take approximately 12 months to complete. It is anticipated that the Resource Center and Community Court will temporarily relocate to the Les Gove Park facility, another City owned facility, during construction. It is anticipated that the Resource Center will reopen in March 2026 following the completion of construction. The construction contract is expected to be advertised in the Seattle Times and will follow City procurement policies and include Davis-Bacon wage requirements, and BABA. The advertising, review, and award process is anticipated to last five months. Prior to advertising work, the City requires that all funds are committed to the project. To have Section 108 funds available by the estimated Fall of 2025 construction advertising date, the Human Services Department anticipates seeking approval from the City Council to submit a final Section 108 Loan Application in June 2025. The request for board approval will have been preceded by a 30-day public comment period. Part 58 Environmental Review is expected to receive a FONSI Notice in Spring 2025. The table below outlines key dates associated with the proposed construction and renovations: ENVIRONMENTAL REVIEW & RELEASE OF FUNDS ACTIVITY START DATE DURATION Environmental Review Spring 2025 1 Month Release of Draft Application/30-Day Public Comment Period/Review and Incorporation of Comments Spring 2025 30 days HUD Release of Funds Notification Spring 2025 30 days Section 108 APPLICATION REVIEW & APPROVAL ACTIVITY START DATE DURATION City Council Estimates Approval of Department of Human Services Ability to Submit Final Application and Execute Loan Documents Spring 2025 30 days Formal Submission of Draft Section 108 Application for HUD Review Summer 2025 90-120 days PREDEVELOPMENT ACTIVITY START DATE DURATION Geotech Survey Fall 2020 Complete Design Development Spring 2021 Complete FINANCING APPROVAL ACTIVITY START DATE DURATION Approval of Section 108 Application from HUD Summer 2025 120 days Estimates Approval of Section 108 Loan Documents Fall 2025 45 days Page 37 of 48 City of Auburn, WA Section 108 Loan Application - Page | 13 CONSTRUCTION ACTIVITY START DATE DURATION Review & Submission of Permits January 2026 30 days Preparation of Construction Documents Completed Resource Center Closes February 2026 9 months Procurement, Advertise Construction Contract, Review, Award, Notice to Proceed January 2026 Contract Awarded/ Notice to Proceed March 2026 30-45 days Submit Application for Building Permits March 2026 30 days Construction Begins April 2026 Construction Complete April 2026 9-12 months Center Reopens October 2026 Section 108 Closing The City is seeking to close on its financing with HUD in Summer 2025 prior to the start of the public procurement process. An early fall closing will provide sufficient time to satisfy City requirements and finalize construction and bid documents for advertising. Form of Assistance Funds will be made available directly to the Human Services Department. Information on Organizational Arrangements Funds will be accepted by the Human Services Department with project construction managed by the Public Works Department within the City. The City has on-staff inspectors to manage all construction projects. Projects receive a variety of City, state, and federal funds. Recent and current projects with federal funds include the 5th Street Sidewalk Improvement project in 2023 and 2024. Sources and Uses (to be updated) USES Design $50,000 Renovations, Furniture, Equipment & Art $2,922,400 Construction Administration, Management, Inspections $300,000 Section 108 Financing Fee to be paid with Section 108 loan proceeds. $24,600 TOTAL USES $3,000,000 SOURCES Section 108 Loan $3,000,000 TOTAL SOURCES $3,000,000 Use of Section 108 Funds $3 million of the Section 108 Loan proceeds will be used towards renovation and new construction costs Page 38 of 48 City of Auburn, WA Section 108 Loan Application - Page | 14 including: • Bathroom upgrades • Installation of ADA accessible signage • Commercial plumbing fixtures • LED light fixtures • HVAC upgrades • Wall relocation and finishes • Exterior doors • Roof and foundation modifications/repairs • Interior walls/floor/ceiling finishes • Plumbing upgrades • Fixed furnishings • Electrical work Detailed Construction Estimates, along with a construction budget highlighting items that will be paid for with Section 108 Loan funds, can be found at the end of the document and are currently being updated. Revenue and Operating Expenses As a City-owned facility, the Auburn Resource Center offers its services and facility to all members of the public free of charge. Annual operating costs are approximately $1 Million and are included in the City’s Operating Budget. Proposed Repayment Terms The Human Services Department, on behalf of the Mayor and City Council of Auburn, are requesting a Section 108 Loan in the amount of $3 million dollars. The loan would be repaid over 10 years from Auburn’s annual Community Development Block Grant allocation at a variable interest rate. Future loan restructuring may be sought by the City. Auburn understands that final terms and payment amounts are subject to HUD underwriting standards and bond sales, and that the loan repayment amount may be different from what is being projected. Collateral Subject to appropriations, the borrower shall deposit amounts sufficient to satisfy the necessary account balance within 30 days of the date in which the borrower’s bond rating falls below the minimum bond rating and maintain the necessary account balance until all notes are fully paid and satisfied. Borrower shall only make withdrawals from the debt service reserve account for the purpose of paying Section 108 payment obligations or for the investment of funds into the debt service reserve investment account. If Borrower makes any withdrawals from the debt service reserve account to pay Section 108 payment obligations, then subject to appropriations, borrower shall replenish the debt service reserve account to the necessary account balance within 30 calendar days. Borrower shall not incur, create, assume, or permit to exist, any lien or encumbrance on the debt service reserve account other than as provided in this Contract. “ Page 39 of 48 City of Auburn, WA Section 108 Loan Application - Page | 15 SECTION III PROGRAM REQUIREMENTS [Please note that HUD can assist in identification of this information.] Eligible Section 108 activity and associated citations to 24CFR 570.703 and 24 CFR 570.203 for components of that project. The rehabilitation of the Auburn Resource Center is eligible activities pursuant to Subpart M, Section 570.703 (l) of CFR 24 Housing and Urban Development; Subtitle B. Regulations Relating to Housing and Urban Development; Chapter V; Subchapter C. Section 570.703 (l) allows for the acquisition, construction, reconstruction, rehabilitation or historic preservation, or installation of public facilities. The payment of credit subsidy costs is eligible under Subpart M at Section 570.712(a). The costs are payable from the grant allocated to the issuer pursuant to the Act (including program income derived therefrom) or from other sources. However, costs are only payable from guaranteed loan funds if the fee is deducted from the disbursement of guaranteed loan funds. Description of CDBG national objective(s) that the project(s)/project components will meet and associated citations to 24 CFR 570.208 Supporting documentation demonstrating how national objectives will be met Example: For LMI area benefit (24 CFR 570.208(a)(1)), please provide maps and census information or survey data on proposed area. The rehabilitation and expansion of the Auburn Resource Center meets the national objective of an activity benefitting low and low to moderate-income persons found in CFR 24 Housing and Urban Development; Part 570 Community Development Block Grants Section 570.208(a)(1)(i). The activity will serve residents citywide which comprises three (4) census blocks groups made up of (21) twenty census tracts. The following table contains the low and moderate-income population tabulations and percentages for each of the census block groups. It also calculates the low and moderate-income percentage of the area in total which is 79.2 percent. Following the block group data is a map of the catchment area that will be served by the project with census tract and neighborhood boundary overlays. Low Low- Mod 1Low- Mod & Med Low- Mod- UNIV Low % Low-mod % State County Tract Block group Neighborhood Names 630 795 955 1,070 58.9% 74.3% 53 33 305.01 1 North Auburn 705 800 1,030 1,045 67.5% 76.6% 53 33 305.01 2 North Auburn 460 620 1,115 1,775 25.9% 34.9% 53 33 305.03 3 North Auburn 515 910 1,235 1,595 32.3% 57.1% 53 33 305.03 2 North Auburn 860 1,055 1,600 1,645 52.3% 64.1% 53 33 305.03 1 North Auburn 190 320 465 590 32.2% 54.2% 53 33 305.04 1 North Auburn 660 925 1,270 1,605 41.1% 57.6% 53 33 305.04 3 North Auburn 625 875 1,230 1,420 44.0% 61.6% 53 33 305.04 2 North Auburn 670 845 1,130 1,215 55.1% 69.5% 53 33 305.04 4 North Auburn 5315 7145 10030 11960 59.7% Poverty Density for the Area 1 CDBG low and moderate-income data - HUD Exchange Page 40 of 48 City of Auburn, WA Section 108 Loan Application - Page | 16 The poverty density for this area is derived dividing the LOWMOD by LOWMODNIV2 Reference Maps Auburn Census Block Map showing the location of the proposed project 3Qualified Census Tract Area in Auburn, Washington Neighborhoods with the greatest low-income populations are the Lea Hill and North Auburn neighborhoods. The Auburn Resource Center is centrally located within these neighborhoods and is easily accessible to Auburn’s most vulnerable populations. The resource center ‘s location is noted with the red x. 2 LOWMODUNIV = Persons with the potential for being deemed Low MOD. Used as a denominator in calculation. 3 Qualified Census Tracts (QCTs) and Difficult Development Areas (DDAs) | HUD USER Page 41 of 48 City of Auburn, WA Section 108 Loan Application - Page | 17 4Draft Construction Estimate (being updated) 5PROPOSED COMMITMENT SCHEULE Principal Due (date is TBD) Amount August 1st, 2026 $ 284,000 August 1st, 2027 $ 284,000 August 1st, 2028 $ 284,000 August 1st, 2029 $ 284,000 August 1st, 2030 $ 284,000 August 1st, 2031 $ 284,000 August 1st, 2032 $ 284,000 August 1st, 2033 $ 284,000 August 1st, 2034 $ 284,000 August 1st, 2035 $ 284,000 August 1st, 2036 $ 284,000 August 1st, 2037 $ 284,000 August 1st, 2038 $ 284,000 August 1st, 2039 $ 284,000 August 1st, 2040 $ 284,000 August 1st, 2041 $ 284,000 August 1st, 2042 $ 284,000 August 1st, 2043 $ 284,000 August 1st, 2044 $ 284,000 August 1st, 2045 $ 233,956.71 $3,000,000 4 January 2024 Estimate (currently being updated) 5 Final Payment amount and interest will be determined in underwiring Element Element Total Cost Per. SF Foundation $7,235 $1.21 Superstructure $4,500 $.75 Exterior Enclosure $14,800 $2.48 Roofing $5,700 $.95 Exterior Const. $410,787 $68.68 Interior finishes $150,163 $25.11 Plumbing $100,614 $100,614 HVAC $401,575 $67.14 Fire Protection $30,802 $5.15 Electrical $328,498 $54.92 Fixed Furnishing $24,493 $4.10 Demolition $43,733 $7.31 General Cond./Require. $201,636 $33.71 Insurance/Bond $27,321 Cont. Overhead $100,292 $16.77 Escalation $16,683 $2.79 Page 42 of 48 City of Auburn, WA Section 108 Loan Application - Page | 18 Certification(s) Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities ENTITLEMENT PUBLIC ENTITY CERTIFICATIONS In accordance with the applicable statutes and the regulations governing Section 108 application submission requirements, the undersigned certifies, on behalf of the entitlement public entity and to the best of his or her knowledge and belief, that: 1. It possesses the legal authority to make the pledge of grants required under 24 CFR 570.705(b)(2). 2. It has made efforts to obtain financing for activities described in the application without the use of the loan guarantee, it will maintain documentation of such efforts for the term of the loan guarantee, and it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. 3. It possesses the legal authority to submit the application for assistance under 24 CFR Part 570, Subpart M and to use the guaranteed loan funds in accordance with the requirements of Subpart M. 4. Its governing body has duly adopted or passed as an official act a resolution, motion or similar official action: (a) Authorizing the person identified as the official representative of the public entity to submit the application and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public entity to act in connection with the application to provide such additional information as may be required; and (b) Authorizing such official representative to execute such documents as may be required to implement the application and issue debt obligations pursuant thereto (provided that the authorization required by this paragraph may be given by the local governing body after submission of the application but prior to execution of the contract required by §570.705(b)). 5. Before the submission of its application to HUD, it has: (a) furnished citizens with information required by 24 CFR 570.704(a)(2)(i). (b) held at least one public hearing to obtain the views of citizens on the community development housing needs. (c) prepared its application in accordance with the citizen participation requirements and made the application available to the public. 6. It follows a detailed citizen participation plan that meets the requirements described in 570.704(a)(2). 7. It will affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-3619). 8. In the aggregate, at least 70 percent of all CDBG funds, as defined at §570.3 to be expended during the one, two or three consecutive years specified by the public entity for its CDBG program will be for activities which benefit low-and moderate-income persons, as described in criteria at Page 43 of 48 City of Auburn, WA Section 108 Loan Application - Page | 19 §570.208(a). 9. It will comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low-and-moderate income housing described in §570.606. 10. It will comply with the requirements of 24 CFR 570.200(c)(2) regarding the use of special assessments to recover the capital costs of activities assisted with guaranteed loan funds. 11. (Where applicable, the public entity may also include the following additional certification.)It lacks sufficient resources from funds provided under this subpart or program income to allow it to comply with the provisions of 24 CFR 570.200(c)(2), and it must therefore assess properties owned and occupied by moderate income persons, to recover the non -guaranteed loan funded portion of the capital cost without paying such assessments in their behalf from guaranteed loan funds; 12. It will comply with the other provisions of title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.) and with other applicable laws. City of Auburn, Washington _____________________ __________________ Nancy Backus, Mayor Date Page 44 of 48 City of Auburn, WA Section 108 Loan Application - Page | 20 Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities SECTION 108 LOAN GUARANTEE PROGRAM Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) 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 an 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. (2) 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. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 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 and not more than $100,000 for each such failure. City of Auburn, Washington _______________________ Nancy Backus, Mayor _______________________ Date Page 45 of 48 City of Auburn, WA Section 108 Loan Application - Page | 21 SECTION 108 LOAN GUARANTEE PROGRAM Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Auburn, Washington _______________________ Nancy Backus, Mayor _______________________ Date Page 46 of 48 Page 47 of 48 Page 48 of 48