HomeMy WebLinkAboutCity of Kent BG0204
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AGREEMENT
Between The
CITY OF AUBURN, WASHINGTON
AND
THE CITY OF KENT, WASHINGTON
THIS AGREEMENT, entered into this -¿'1fiJ day of ~ , 2002, between the
City of Auburn, State of Washington and The City of Kent, State of Washington.
WHEREAS, The City of Auburn is an entitlement applicant for Community Development Block
Grant (CDBG) funds under the Housing and Community Development Act of 1974 (the Act), Pub.
1. 93-383 as amended, and will receive CDBG funds for the purpose of carrying out eligible
community development and housing activities under the Act and under regulations promulgated
by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570; and
WHEREAS, The City of Auburn desires to award certain funds to the City of Kent for use as
described within this Agreement, for the purpose of implementing eligible activiti,~s under the Act
and HUD regulations; and
WHEREAS, It is appropriate and mutually desirable that the City of Kent be designated by the City of
Auburn to undertake the aforementioned eligible activities, so long as the requirements of the Act,
HUD Regulations, State law and local law are adhered to, as provided for herein; and
WHEREAS, The purpose of this Agreement is to provide for cooperation between thl: City of Auburn
and the City of Kent, in implementing such eligible activities in the manner described herein; and
WHEREAS, The City of Auburn and The City of Kent are authorized pursuant to RCW39.34.010 and
RCW39.34.030 to enter into interiocal agreements; and
WHEREAS, The Legislature has declared 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 puhlic corporation;
and
WHEREAS, the provisions ofRCW 35.21.730 through RCW 35.21.755 and RCW 35.21.660 and
35.21.670 and the enabling authority as herein conferred to implement these provisions are hereby
construed to accomplish the purpose ofRCW 35.21.730 through RCW 35.21.755;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and
agree as provided for in this Agreement.
PART I GENERAL CONDITIONS:
I. Scope of Agreement
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2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
PART II
Scope of Project
Commencement and Termination of Projects
Administration
Compensation and Method of Payment
Failure to Perform
Operating Budget
Funding Alternatives and Future Support
Amendments
Assignment and Subcontracting
Hold Harmless and Indemnification
Insurance
Conflict of Interest
Termination
Reversion of Assets
FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENT~t
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
PART III
I.
2.
3.
4.
5.
PART IV
Procurement Standards
Environmental Review
Nondiscrimination
Labor Standards
Property Management
Acquisition and Relocation
National Flood Insurance
Lead-Based Paint Poisoning
Administrative Requirements and Cost Principles
Other Federal Requirements
Non-substitution for Local Funding
Public Ownership
Public Information
Lobbying
Religious Organizations
EVALUATION AND RECORD KEEPING:
Evaluation
Audits and Inspections
Records
Retention of Records
Reports
ACCEPTANCE AND SIGNATURES
EXHIBITS:
EXHIBIT #1:
EXHIBIT #2:
EXHIBIT #3:
EXHIBIT #4:
General Information
Project Budget
Special Conditions
Records and Reporting
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EXHIBIT #5: Project Timeline/Performance Measurements
PART I.
GENERAL CONDITIONS:
1. SCOPE OF AGREEMENT:
The Agreement between the parties shall consist of the signature page; the gem:ral conditions;
the Federal, State and local program requirements; the evaluation and record keeping
requirements; each and every project Exhibit incorporated into the Agreement; all matters and
laws incorporated by reference herein; and any written amendments made according to the
general conditions. This Agreement supersedes any and all former agreements applicable to
projects attached as Exhibits to this Agreement.
2. SCOPE OF PROJECT:
The City of Kent shall use funds only to perform the activities set forth in the Exhibit(s)
attached hereto. In the case of multiple projects, each project shall correspond to a separate
Exhibit. This Agreement may be amended from time to time, in accordance with the general
conditions, for the purpose of adding new projects, amending the scope of work, or for any
other lawful purpose.
3. COMMENCEMENT AND TERMINATION OF PROJECTS:
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58, the City of Auburn
shall furnish the City of Kent with written notice to proceed. No work on a proj<ect shall occur
prior to the notice to proceed without written approval from the City. Termination dates for
individual projects shall be specified in the appropriate Exhibits. Costs incurred after the
termination date will not be reimbursed unless the need for such costs is beyond the control of
the City of Kent. The termination date may be changed through amendment of this Agreement.
B. Upon termination of individual projects covered by this Agreement, the City of Kent shall
transfer to the City of Auburn any CDBG funds on hand at the time of termination and any
accounts receivable attributable to the use ofCDBG funds.
4. ADMINISTRATION:
The City of Kent shall appoint a liaison who shall be responsible for overall administration of
CDBG funded project(s) and coordination with the City of Auburn's Department of Planning
and Community Development. The City of Kent 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 shall be
specified in the Exhibit(s).
S. COMPENSATION AND METHOD OF PAYMENT:
A. The City of Auburn shall reimburse the City of Kent only for the activities specified in the
Exhibits in an amount not to exceed the amount specified on Exhibit #1 __ "CDBG
APPROPRIATION." Reimbursement shaH be based on a CDBG Voucher Reimbursement
Request and Program Accomplishments Form submitted and signed by the City of Kent's
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authorized representative. Reimbursement is subject to the terms of Section 6 of this Part I.
B. The City of Kent shall submit a properly executed Voucher Reimbursement Request and
Program Accomplishments Form as frequently as desired, but at a minimum no later than
fifteen (15) working days after the close of each calendar quarter throughout th,~ term of the
project. The City of Auburn will make payment to the City of Kent not more than forty-five
(45) working days after said Reimbursement Request is received and approved by the City of
Auburn. The City of Auburn will issue a statement of correction in the event that the Voucher
Reimbursement Request is erroneous. Payment does not constitute absolute approval.
C. Any reimbursement must comply with conditions of Letter of Credit Procedure: Regulations
1900.23 (Revised) in that funds on hand should not exceed $5,000 if retained beyond three (3)
days and that any reimbursement in excess of the amount required shall be retumed to the City
of Auburn.
6. FAILURE To PERFORM:
In the event of a failure to comply with any terms or conditions of this Contract or to provide in
any manner the activities or other performance as agreed to herein, the City of Auburn reserves
the right, foHowing written notice to the City of Kent, to withhold all or any part of payment,
suspend all or part of the contract, or prohibit the City of Kent from incurring additional
obligations of funds until the City of Auburn is satisfied that corrective action has been taken or
completed as more specifically outlined in the Exhibit(s) to this contract. The option to
withhold funds is in addition to, and not in lieu of, the City of Auburn's right to termination as
provided in Section 14 of the General Conditions of this Agreement.
7. OPERATING BUDGET:
The City of Kent shall apply the funds received from the City of Auburn under this Agreement
in accordance with the Budget Summary found on Exhibit #2. No line item expense thereunder
shall cause total expenditures charged to this Agreement to exceed the total amount
appropriated to the City of Kent by the City of Auburn as indicated in Exhibit #1 -- "CDBG
APPROPRIATION."
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT:
A. The City of Kent shall report all project income generated under this Agreement for the
purposes specified herein or generated through the project(s) funded under this Agreement.
Income which is not used to continue or benefit such project(s) shall revert to the CDBG Fund
for reallocation by the City of Auburn. The City of Auburn shaH determine whe:ther income is
being used to continue or benefit a project or projects authorized by this Agreement. If the City
of Aubum should authorize, the City of Kent will comply with aH provisions of this Agreement
in expending such project income.
B. The City of Auburn makes no commitment to future support and assumes no obligation for
future support of the activities contracted herein, except as expressly set forth in this
Agreement.
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C. Should anticipated sources of revenue become unavailable to the City of Auburn for use in the
Community Development Block Grant Program, the City of Auburn shall immediately notify
the City of Kent in writing and the City of Auburn will be released from all contracted liability
for that portion of the Agreement covered by funds not yet received by the City of Auburn.
9. AMENDMENTS:
Either party may request modifications in the scope of permissible activities, tt:rms, or
conditions of this Agreement. Proposed modifications which are mutually agre:ed upon shall be
incorporated by written amendment to this Agreement. A written amendment may affect a
project or projects authorized by this Agreement or may be of general application.
10. ASSIGNMENT AND SUBCONTRACTING:
A. The City of Kent shall not assign any portion of this Agreement without the written consent of
the City of Auburn, and it is further agreed that said consent must be sought in writing by the
City of Kent not less than fifteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of
this Agreement and proper bidding procedures contained herein. The City of Kent agrees that it
is as fully responsible to the City of Auburn 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,
as provided in paragraph l1.B.
11. HOLD HARMLESS AND INDEMNIFICATION:
A. The City of Kent agrees that it is financially responsible (liable) for any audit exception or other
financial loss to the City of Auburn which occurs due to its negligence or its failure to comply
with the terms of this Agreement.
B. The City of Kent further agrees to defend, indemnify and hold harmless the City of Auburn, its
elected and appointed officials, employees and agents from and against any and all claims,
demands and/or causes of action of any kind or character whatsoever arising out of or relating
to services provided under this Agreement by the City of Kent, its employees, subcontractors,
or agents for any and all claims by any persons for alleged personal injury, dea1h, or damage to
their persons or property to the extent caused by the negligent acts, errors or omissions of the
City of Kent, its employees, agents, subcontractors or representatives. In the event that any suit
or claim for damages based upon such claim, action, loss, or damages is brought against the
City of Auburn, the City of Kent shall defend the same at its sole cost and expense; provided
that the City of Auburn retains the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment be rendered against the City of
Auburn and/or its officers, agents, and/or employees or any of them or jointly against the City
of Auburn and the City of Kent and its respective officers, agents, subcontractors, employees or
any of them, the City of Kent agrees to fully satisfy the same and the City of Kent shall
reimburse the City of Auburn for any cost and expense which the City of Aubum has incurred
as a result of such claim or suit. The provisions of this section shall survive the expiration or
termination of this Agreement.
C. The City of Auburn further agrees to defend, indemnify and hold harmless the City of Kent, its
elected and appointed officials, employees and agents from and against any and all claims.
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demands and/or causes of action of any kind or character whatsoever arising out of or relating
to services provided under this Agreement by the City of Auburn, its employee:s,
subcontractors, or agents for any and all claims by any persons for alleged personal injury,
death, or damage to their persons or property to the extent caused by the negligent acts, errors
or omissions of the City of Auburn, its employees, agents, subcontractors or representatives. In
the-event that any suit or claim for damages based upon such claim, action, loss, or damages is
brought against the City of Kent, the City of Auburn shall defend the same at ills sole cost and
expense; provided that the City of Kent retains the right to participate in said suit if any
principle of governmental or public law is involved; and if final judgment be rt:ndered against
the City of Kent and/or its officers, agents, and/or employees or any of them 01' jointly against
the City of Kent and the City of Auburn and its respective officers, agents, sub~ontractors,
employees or any of them, the City of Auburn agrees to fully satisfy the same and the City of
Auburn shall reimburse the City of Kent for any cost and expense which the City of Kent has
incurred as a result of such claim or suit. The provisions of this section shall survive the
expiration or termination of this Agreement.
12. INSURANCE:
A. Public Liability Insurance:
The City of Kent shall, at all times during the term of this Agreement, at its cost and expense,
carry and maintain general public liability insurance against claims for bodily injury, personal
injury, death or property damage occurring or arising out of services provided under this
Agreement, which insurance shall cover such claims as may be occasioned by any act,
omission, or negligence of the City of Kent or its officers, agents, representatives, assigns or
servants. The limits of liability insurance, which may be increased from time to time as deemed
necessary by the City of Auburn with the approval of the City of Kent which shall not be
unreasonably withheld, shall not be less than five hundred thousand dollars ($500,000)
combined single limit personal injury and property damage insurance. The insurance required
above shall be issued by an insurance company or companies authorized to do business within
the State of Washington and must be acceptable to the City of Auburn. The City of Auburn
shall be specifically named as an additional insured on all such policies, and all such policy or
policies shall be primary to any other valid and collectible insurance.
B. Building Risk Insurance:
The City of Kent shall cause to be maintained, during the period that any constn¡ction work is
in progress, All Risk Builder's Insurance (including fire, vandalism, malicious mischief and
extended coverage), in an amount not less than the value of destructible contra(:t work in place.
C. Proof ofInsurance:
Certificate or certificates or other evidence satisfactory to the City of Auburn evidencing the
existence and terms and conditions of all insurance required above shall be delivered to the City
of Auburn within five days of the City of Kent's receipt of the Authorization to Proceed. The
policy or policies of insurance required to be maintained in accordance with this Agreement
shall not be canceled or given notice of non-renewal nor shall the terms or conditions thereof be
altered or amended without sixty (60) days written notice being given to the City of Auburn.
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13. CONFLICT OF INTEREST:
A. Interest of Officers, Employees, or Agents:
No officer, employee, or agent of the City of Auburn or City of Kent who exer,cises any
functions or responsibilities in connection with the planning and carrying out of the City of
Auburn CDBG Program, or any other person who exercises any functions or rc:sponsibiliÌies in
connection with the City of Auburn, shall have any personal financial interest, direct or
indirect, in this Agreement, and the City of Kent shall take appropriate steps to assure
compliance.
B. Interest of Contractor(s) and Their Employees:
The City of Kent 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 Program, has any personal financiial 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 City of Kent and the City of Aubum.
14. TERMINATION:
A. This Agreement is subject to termination upon 30 days written notice by the City of Auburn
should:
I. The City of Kent mismanage or make improper or unlawful use ofCDBG foods;
2. The City of Kent fail to comply with the terms and conditions expressed herein or the
applicable regulations and directives of the Federal Government, State, or City of Auburn;
3. CDBG funds become no longer available from the Federal Govemment or through the City
of Auburn;
4. The City of Kent fail to carry out activities expressed by this Agreement; or
5. The City of Kent fail to submit reports or submit incomplete or inaccurate Ĺ“ports in any
material respect.
B. This Agreement is subject to termination upon 30 days written notice by the Cilty of Kent
should:
I. The City of Auburn fail in its commitment under this Agreement to provide funding for
services rendered, as herein provided; or
2. CDBG funds become no longer available from the Federal Govemment or through the City
of Auburn.
C. This Agreement may be terminated at any time, in whole or in part, upon the written agreement
of the City of Auburn and the City of Kent.
D. Otherwise this Agreement shall terminate on the termination date specified on Exhibit #1
attached hereto and shaH be subject to extension only by mutual agreement and amendment in
accordance with paragraph 9, Amendments, of this Part.
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E. Upon termination of this Agreement, any unexpended balance of the CDBG funds awarded
through this Agreement shall lapse and remain in the City of Auburn's CDBG fund.
F. In the event that termination occurs under paragraph A(1) of this section, the City of Kent shall
return to the City of Auburn all funds which were expended in violation of the terms of this
Agreement.
G. Upon termination the City of Auburn shall pay the City of Kent for all work performed not
covered by CDBG.
15. REVERSION OF ASSETS:
Upon expiration of this Agreement, the City of Kent shall transfer to the City of Auburn any
City of Auburn CDBG funds on hand at the time of expiration any accounts receivable
attributable to the use of City of Auburn CDBG funds.
In the event that the City of Kent ceases to use any asset acquired or improved with CDBG
funds for the purpose described in this Agreement, within five years following the termination
of this agreement, the City of Kent shall pay to the City of Auburn the fair market value of the
asset less any portion of the value attributable to expenditures ofnon-CDBG fimds.
PART II.
FEDERAL. STATE AND LOCAL PROGRAM REQUIREMENTS,
I. PROCUREMENT STANDARDS:
In awarding contracts pursuant to this Agreement, the City of Kent 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 RCW60.28.0l0, which addresses
retained percentages. In addition, the City of Kent shall comply with the requirements of the
U.S. Office of Management and Budget Circular A-IIO and/or A-I02 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. Where Federal
standards differ from local or State standards, the stricter standards shaH apply. The Federal
standard of $1 00,000 for competitive bidding shall apply only if the applicable State or local
standard for competitive bidding is greater than $100,000.
2. ENVIRONMENTAL REVIEW:
A. National Environmental Policy Act:
The City of Auburn 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 of Auburn may require the City
of Kent to furnish data, information and assistance for the City of Auburn's revÜ:w and
assessment in determining whether an Environmental Impact Statement must be prepared.
B. Other Federal Environmental Laws:
In decision making and action pursuant to NEP A, and otherwise under this Agreement the
standards, policies, and regulations of the following laws and authorities shall bt: followed: The
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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-
I), 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. 40l2a(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 which are branches of government under RCW 43.21 C.030 retain responsibility for
fulfilling the requirements of the State Environmental Policy Act, RCW chap. 43.2IC, and
regulations and ordinances adopted thereunder. (If the Agency is not a branch of government
under RCW 43.21 C.030, the City of Auburn may require the Agency to furnish data,
information and assistance as necessary to enable the City of Auburn to comply with the State
Environmental Policy Act.)
D. Satisfaction of Environmental Requirements:
Project execution under this Agreement by either the City of Auburn or the City of Kent shaU
not proceed until satisfaction of all applicable requirements of the National and State
Environmental Policy Acts. A written notice to proceed wiU not be issued by th.e City of
Auburn until all such requirements are complied with.
3. NONDISCRIMINATION:
A. General:
The City of Kent shall comply with aU 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; Ex.ecutive 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. SpecificaUy, the City of
Kent is prohibited from taking any discriminatory actions defined in the HUD Regulations at
24 CFR 570.602 (b) (1) and shaU take such affirmative and corrective actions as are required by
the Regulations at 24 CFR 570.602 (b)(4).
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C. Fair Housing:
The City of Kent 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 govemment. (Civil Rights Act of 1968, Title VII; Executive Order 11063).
D. Employment:
I. In all solicitations under this Agreement, the City of Kent shall state that alii qualified
applicants will be considered for employment. The words "equal opportunity employer" in
advertisements shall constitute compliance with this section.
2. The City of Kent 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 01' recruitment
advertising, layoff or termination, rates of payor other forms of compensation, and
selection for training. (RCW chap. 49.60; Executive Order 11246 as amended).
3. To the greatest extent feasible, the City of Kent shall provide training and employment
opportunities for lower income residents within the area served by CDBG assisted projects
(Section 3, Housing and Urban Development Act of 1968, as amended).
E. Contractors and Suppliers:
I. 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 City of Kent
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.
3. To the greatest extent feasible, the City of Kent shall purchase supplies and services for
activities under this Agreement from vendors and contractors whose businesses are located
in the area served by CDBG funded activities or owned in substantial part by project area
residents. (Section 3, Housing and Urban Development Act of 1968, as amended.)
4. CDBG funds shall not be used directly or indirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or subrecipient during any period
of debarment, suspension, or placement in ineligibility status under the provisions of 24
CFR Part 24.
F. Notice:
I. The City of Kent 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 shaH send to each labor union or
representative of workers with which it has a collective bargaining agreement or other
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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
City of Kent shall comply with Attachment 0 to OMB Circular A-102 or A-I 10, as
applicable, Procurement Standards, paragraph 9, Contractin~ with Small arid 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 Enterprist~ Directory.
4. LABOR STANDARDS:
The City of Kent shall require that project construction contractors and subconllractors pay their
laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40
U.S.C. sections 276(a)-276(a)(5», and that they comply with the Copeland "Anti-Kickback"
Act (40 U.S.C. 276(c» and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327
et seq.) as prescribed at 29 CFR Parts 1,3,5,6 and 7; provided that this section shall not apply to
rehabilitation of residential property designed for residential use by fewer than eight families.
S. PROPERTY MANAGEMENT:
A. The City of Kent agrees that any non-expendable personal property (capital equipment),
purchased wholly or in part with project funds at a cost of$300 (three hundred dollars) or more
per item, is upon its purchase or receipt the property of the City of Auburn 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-I02, and/or Attachment N to the U.S. Office of Management and Budget Circular No.
A-llO.
B. The City of Kent shall be responsible for all such property, including its care and maintenance
at the City of Kent's expense until possession of the property is transferred to tile City of
Auburn of other entity as required by law.
C. The City of Kent shall admit the City of Auburn's property management officer to City of
Kent's premises for the purpose of marking such property, as appropriate, with City of Auburn
property tags.
D. The City of Kent shall meet the following procedural requirements for all such property:
I. 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 ofCDBG 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.
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4. Adequate maintenance procedures shaH be implemented to keep the property in good
condition.
6. ACQUISITION AND RELOCATION:
A. Any acquisition of real property by a State City of Kent for any activity assisted under this
Agreement shall comply with the Federal Uniform Relocation Assistance and Real PropeÌty
Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 V.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 undertak'~n so as to
minimize involuntary displacement of persons, businesses, nonprofit organizati.ons, 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 City of Kent shaH comply with
the Regulations pertaining to costs of relocation and written policies, as specifil~d by 24 CFR
570.602 (c) and (d).
7. NATIONAL FLOOD INSURANCE:
To the extent indicated by 24 CFR 570.605, the City of Kent shaH 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 thereunder). The City of Kent
shall comply with the Regulations at 24 CFR section 570.605.
8. LEAD-BASED PAINT POISONING:
The City of Kent 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. s,ections 4831 et
seq.) requiring prohibition of the use oflead-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. Since the City of Kent is a governmental entity, the City of Kent shall comply with the
requirements and standards ofOMB Circular A-128, "Audits of State and Local Govemment,"
and Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with
State, Local and Federally recognized Indian Tribal Governments," and with th,: foHowing
Attachments to OMB Circular No. A-I02:
1. Attachment A, "Cash Depositories," except for Paragraph 4 conceming 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;"
12
-.- ----_.~-_._------_..._,--~_.-
._----_..~
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 3conceming the
standards for real property;
8. Attachment 0, "Procurement Standards;" and
9. Attachment P, "Audit Requirements."
B. If the Agency is not a govemmental entity, the Agency shall comply with the requirements and
standards of OMB Circular No. A-133, "Audits ofInstitutions 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-II 0:
I. 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 c:oncerning the
standards for real property; and
6. Attachment 0, "Procurement Standards."
10. OTHER FEDERAL REQUIREMENTS:
The absence of mention in this Agreement of any other Federal requirements which apply to the
award and expenditure of the Federal funds made available by this Agreement is not intended to
indicate that those Federal requirements are not applicable to City of Kent activities. The City
of Kent shaH 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 City of Kent 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 funding made available under this Agreement shall not be utilized by the City of
Kent 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 which are not municipal corporations organized under the laws of the State of
Washington, it may become necessary to grant the City of Auburn a property interest where the
subject project calls for the acquisition, construction, reconstruction, rehabilitation, or
installation of publicly owned facilities and improvements. The City of Kent shall comply with
current City of Auburn requirements regarding transfer of a property interest sufficient to meet
any public ownership requirement imposed by law.
13
- --,,-,-~---- .'. .- --" ..-·---·---____·_·_,.____,..._~__m
13. PUBLIC INFORMATION:
A. In all news releases and other public notices related to projects funded under this Agreement,
the City of Kent shall include information identifYing the source of funds as tht: City of Auburn
CDBG Program.
B. For all construction projects the City of Kent shall erect a sign to City of Aubum specifications
at the construction site, identifYing the source of funds, except that this requirement may be
waived for construction projects of $1 00,000 or less.
C. The City of Kent acknowledges that this Agreement and any other information provided by it to
the City of Auburn and/or relevant to the Project(s) described in the Exhibit(s) are subject to the
Washington State Public Disclosure Act, Chapter 42.17 RCW.
14. LOBBYING:
The City of Kent certifies, to the best of his or her 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 City of Kent 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 and not more than $100,000 for each such failure.
IS. RELIGIOUS ORGANIZATIONS:
The City of Kent will comply with all federal requirements conceming religious organizations
and the use of Community Development Block Grant funds. All services delivered must be
14
dispensed in a clearly non-sectarian manner, devoid of any religious influence.
PART III. EVALUATION AND RECORD KEEPING:
1. GENERAL:
The City of Kent agrees to maintain records and provide reports as listed in Exhibit #4 of this
Contract, and as defined in this Part, below.
2. EVALUATION:
The City of Kent agrees to participate with the City of Auburn in any evaluation project or
performance report, as designed by the City of Auburn 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 shaH be
subject at all times to inspection, review or audit by the City of Auburn, 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 City of Kent will provide at or before the contract signing a copy of the City of Kent's most
recent audit. The City of Kent wiH provide to the City of Auburn a copy of the City of Kent's
most recent audit for each year in which a contract for the use of funds exists V.1th the City of
Auburn. Failure to provide such audit will be considered a material breach of the contract and
result in a refund to the City of Auburn of all moneys paid or due under the contract.
B. Audit Requirements:
Agencies receiving $300,000 or more in federal funds will provide to the City of Auburn the
above required audits conducted in a manner pursuant to OMB Circular A-133.
4. RECORDS:
All Agencies receiving Community Development Block Grant funds from the City of Auburn
shall maintain a certified public audit for the 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 City of Kent and
the City of Auburn. As required by HUD Regulations, 24 CFR Part 570, the City of Kent shall
compile and maintain the following records:
A. Financial Management:
Such records shall identify adequately the source and application of funds for aetivities within
this Agreement, in accordance with the applicable provisions of Attachment G to the U.S.
Office of Management and Budget Circular A-II O. These records shaH contain information
15
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pertaining to grant awards and authorizations, obligations, unobligated balances, assets,
liabilities, outlays, and income.
B. Relocation:
City of Kent 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 s'eparate
relocation record for each person, business, organization, and farm operation displaced or in the
relocation workload must be kept.
C. Property Acquisition:
City of Kent 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 City of Kent shall maintain racial, ethnic, and gender data showing the exte:nt to which
these categories of persons have participated in, or benefited from, the activities carried out
under this Agreement. The City of Kent 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 concems whkh 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 City of Kent shaH maintain such other records as may be required by HUD or the City of
Auburn.
Such records shaH include, but shall not be limited to, a separate and current file: for each
separate CDBG funded project (as represented by separate Exhibits attached to this
Agreement), containing copies of originals of the following:
1. Grant Award Letter.
2. Notice to Proceed and/or equivalent written approval from City of Auburn.
3. Project or program related authorizations, motions, resolutions or meeting minutes of the
City of Kent's governing body.
4. Contract Exhibit and any amendments thereto.
5. This Agreement and any amendments thereto.
6. Voucher reimbursement requests and program accomplishment forms.
7. Bills for payment.
16
8. Approved vouchers and warrants.
9. Where CDBG funds will support City of Kent 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 ifless than full time.
10. Where CDBG 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.
II. In capital projects where CDBG 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.
5. RETENTION OF RECORDs:
Required records shall be retained 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-I02, for governmental entities, and Circular No. A-II 0 for non-governmental
organizations.
6. REpORTS:
The City of Kent shall submit such reports as required by the City of Auburn at such times as
required by the City of Auburn. Notwithstanding any other provision of this Agreement to the
contrary, the reports required by the City of Auburn shall be submitted by the City of Kent no
less than on an annual basis. Such reports shall also be submitted prior to project completion.
17
_.__.._._------_._...,~----
~."._~-
PART IV.
ACCEPTANCE AND SIGNATURES:
The parties hereto agree and accept the terms, conditions, covenants and all matters and laws
incorporated by reference herein and therefore cause their hands to affix their signature:s as evidence to
their acceptance of this Agreement before their designated witnesses and/or notaries.
CITY OF AUBURN
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Danielle Daskam,
City Clerk
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City Attorney
CITY OF KENT
STATE OF WASHINGTON
COUNTY OF KING
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On this ól1 day of
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2002, before me, the undersigned, a Notary Public in and for the State of
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Washington, personally appeared , to me known to be
the ~ of The City of Kent, a municipal corporation in the State of
Washington, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation for
the uses and purposes therein mentioned, and on oath stated that helshe is authorized to execute said instrument on behalf
of said non-profit corporation.
IN WITNESS WHEREOF, I have hereunto set m
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MY COMMISSION expires: /' d. - / '9 -¿) $/
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18
-----,..~.._._--~--~--
EXHIBIT #1
Community Development Block Grant Contract
General Information
PROJECT NO.:
BG 0204
TITLE:
PROJECT SUMMARY:
City of Auburn Housing Repair Program
Loans and grants for repair of low income, owner-occupied,
single family homes.
ELIGIBILI1ì'{:
24CFR 570.202 - Low/Mod Limited Clientele
NATIONAL OBJECTIVE:
CDBG APPROPRIATION:
Low/Moderate Income Housing
$125,000
TYPE OF PROJECT:
Capital
PROJECT LOCATION:
City-wide
SPECIAL CONDITIONS:
See EXHIBIT #3: Spe<:ial Conditions
TERMINATION DATE:
December 31. 2002
CONTACT PERSON:
Katherin Johnson
TITLE: Human Services Manager
MAILING ADDRESS: 220 4th Ave. S., Kent. W A 98032
PHONE NUMBER: 253-856-5070
FAX NUMBER: 253-856-6070
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM
ACCOMPLISHMENTS FORM:
NAME/TITLE
Katherin Johnson. Human Services Manager
SIGNATURE
(optional) NAME/TITLE John Hodgson. Parks. Recreation and Community Service Director
SIGNATURE
EXHIBIT #2 (CONTINUED)
Community Development Block Grant Contract
Project Budget
BUDGET DETAIL
Column A Column B Column C
Cost Categories Total Budget CDBG Other Non-
Item Funds CDBG' Funds
-- Personnel Costs 53,878 53,878
-- Office/Operating Supplies 21,142 21,142
-- Consultant or Purchased Services 0 0
-- Construction Contracts! Real 27,000 27,000
Property Acquisition
-- Communications and 400 400
Advertisements
-- Travel and/or Training 0 0
-- Intra-Agency Support {i.e. 12,500 12,500
administrative overhead}
-- Capital Outlay - Construction 0 0
-- Other (Detail) (Vehicle Rental) 10,080 10,080
Total Project Costs
{Note: Column A must equal sum 125,000 125,000 -0-
of Column Band C}
Column A Column B Colum.. C
Source of Funds Total City of Auburn Other Sources
-- City of Auburn CDBG Funds 125,000 125,000
-- City of Auburn General Funds
-- Other Funds:
...
Grand Total
{Note: Column A must equal sum 125,000 125,000
of Column Band C}
-----~---
EXHIBIT #2
Community Development Block Grant Contract
Project Budget
PROJECT NO.: BG 0204
TITLE: City of Auburn Housinl( Repair
I SUMMARY OF TASKS AND COSTS
PERSONNEL COSTS
List Employees by Position Title
Home Repair Worker
Fringe Benefits( taxes, benefits)
Category Total
(Should be the same as No.1 in
Budget Detail) I
Annual
Salary
37,580
16,298
53,878
Percent of
Time to
Project
100%
100%
Item Total
37,580
115,298
53,878
(continued)
. - - _..,-----~---------~._._-----,_.,,-- .
EXHIBIT #3
Community Development Block Grant Contract
Special Conditions BG # 0204
I. Ordinance #5630: In accordance with the legislative intent of the City Coùncil as expæssed in CDBG
Budget Ordinance #5630, the Agency must:
[Provide] Grants of less than $4,000 and/or loans of less than $10,000 for necessary repairs and
renovation of single family homes owned and occupied by low and moderate income households at
various locations throughout Auburn as follows.
(a) City of Auburn Responsibilities:
The Department of Planning and Community Development Department of the City of Auburn
shall be responsible for the following project-related activities.
· program publicity
· maintenance of program regulations, including income eligibility standards
· provision and updating of program application formes)
· client intake and eligibility determination
· flood plain and insurance requirements, if any
· maintenance of individual client files which include application, proof of income and
ownership, and notification of completion of work, processing and recording of any
necessary loan documents
(b) City of Kent Responsibilities:
City of Kent staff shall be responsible for the foHowing project-related activities.
· construction need assessment
· work orders
· contractor bid documents and bid process, if necessary
· hiring and payment of contractors
· liaison between client and contractors
· inspection upon completion of work
(c) Payments, Reimbursement
· City of Kent Staff are responsible for all payment of contractors
· City of Kent shall submit a monthly reimbursement request to the City of Aubum, and shall
include with that request a statement of projects completed, projects in progress, amount of
grant spent in billing period, total amount spent to date, and amount of grant remaining
2. Timely Progression of Proiect: The Agency agrees that it will complete the above projf:ct in a timely
manner, and comply with the time line as set forth in Exhibit #5, Project Time Line.
3. Limitations on Expenditures and Ad¡ustments: In the event that the City receives less CDBG
revenues than originally estimated in the CDBG budget ordinance, the Agency will receive a
proportionately equal reduction in its appropriation relative to the total decrease in total CDBG
revenues. The amount ofCDBG funds available to the Agency is stipulated in the "Notice of Grant
Award." If the amount CDBG funds available to the Agency is less than appropriated; then the City
will notify the Agency in writing when additional CDBG funds become available.
4. Termination of the Contract: This Agreement between the CITY OF AUBURN and the CITY OF
KENT shall terminate on December 31, 2001. In accordance with the terms of the Agreement, all
unspent CDBG funds at the time of termination shall lapse and return to the City of Aulburn's CDBG
fund.
5. Public Information: The stipulations of Section 13(B) of the Agreement regarding the placement of
sign(s) identifying the source of funds is hereby waived.
EXHIBIT #4
Reporting Requirements and Recordkeeping - BG # 0204
I. 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 January 1,2002.
(b) Failure to submit a quarterly request for reimbursement in accordance with Part I, Section 5 of
this Agreement may cause the City to consider the Project abandoned and the COBO 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. Required Contents of Reimbursement Request:
(a) Reimbursement Cover Sheet as supplied, showing Agency name, address, contact information,
and budget information;
(b) Accomplishments data sheet as supplied for the Agency, showing how the Agency has progressed
toward its goals as set forth in Exhibit #5.
(c) 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 reque'òt to be returned
to the Agency and will cause a delay in the disbursement of funds.
EXHIBIT #5
PERFORMANCE MEASUREMENTS
BG # 0204
Part 1. Schedule by Task
Milestones
(Projected Number of Units)
Loans/Grants Identified by City - Major Repairs
Loans/Grants Identified by City - Minor Repairs
Current Projects
Completed Units
Quarters
1st 2nd 3rd 4th
3 3 6 3
100 100 100 100
(Actual Number of Units)
Loans/Grants Identified by City
Current Projects
Completed Units
Part 2. COBO Expenditure Rate
COBO Funds Vouchered
Projected Actual
I" Quarter (1/1 - 3/31) 31,250
2nd Quarter (4/1 - 6/30) 31.250
3'd Quarter (711 - 9/30) 31,250
4th Quarter (1011 - 12/31) 31,250
_."---~-~~~