HomeMy WebLinkAboutITEM VIII-B-10
AGENDA BILL APPROVAL FORM
Agenda Subject: Housing Repair Program
Department: I Attachments: Resolution No. 3885
Planning Interlocal Agreement
Administrative Recommendation:
Date: July 26, 2005
Budget Impact:
City Council adopt Resolution No. 3885.
Background Summary:
Attached is the Interlocal Agreement between the City of Auburn and the City of Kent for the Housing
Repair Program for Program Year 2005. The document is essentially the same as last year. The dates
were changed and the exhibits were updated.
The agreement implements the $154,000 appropriated by the City for emergency housing repairs in the
CDBG budget. The term of the agreement is January 1 to December 31, 2005.
The attached agreement was actually drafted early this year. However, the City of Kent could not
approve it until the Department of Housing and Urban Development notified entitlement cities that their
CDBG funds were available for disbursement. HUD issued their notification in late April. The agreement
was sent to the Kent in May and they approved it on June 22. We received it back from Kent earlier this
month. During the interim, Kent has been performing housing repairs in accordance with last year's
agreement, which is essentially the same as this year's agreement.
Staff recommends the Council do pass a motion to approve the Interlocal Agreement and authorize the
Mayor to sign it.
Housing Repair Interlocal Agreement
L0801-6
03.11.3
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services [8J Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire [8J Planning
o Legal 0 Police
o Public Works D Human Resources
o Information Services
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Norman I Staff: Krauss
Meeting Date: August 1,2005 I Item Number: VIII.B.10
RESOLUTION NO. 3885
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF KENT
TO IMPLEMENT THE CITY OF AUBURN'S HOUSING REPAIR
PROGRAM WHICH IS FUNDED BY THE FEDERAL GOVERNMEI\lT'S
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Auburn is engaged in various municipal functions, including
allocating Community Development Block Grant funds distributed for emer!~ency housing
repairs authorized by the Department of Housing and Urban Development (HUD) through its
Community Development Block Grant program {24 CFR part 570}; and
WHEREAS, the City of Auburn desires to provide funds to the City of Kent for use
described in the attached Interlocal Agreement to make emergency housing repairs on
properties located within the city limits of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. That the Mayor and the City Clerk are hereby authorized to execute the
Interlocal Agreement with the City of Kent, in substantial conformity with the Agreement
attached hereto and designated as Exhibit "A", and by this reference incorporatlgd herein.
Section 2. That the Mayor is authorized to implement such administrative procedures
as may be necessary to carry out the directives of this legislation.
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Resolution No. 3885
July 27,2005
Page 1
-L._____
Section 3. That this Resolution shall take effect and be in full force upon passage
and signatures hereon.
Dated and Signed this
ATTEST:
Danielle E. Daskam,
City Clerk
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Resolution No. 3885
July 27, 2005
Page 2
day of
,200 .
CITY OF AUBURN
PETER B. LEWIS
MAYOR
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AGREEMENT
Between The
CITY OF AUBURN, WASIDNGTON
AND
CITY OF KENT, WASHINGTON
TIllS AGREEMENT, entered into this _ day of . 2005, between the
City of Auburn, State of Washington, and Citv of Kent. State ofWashinl!ton.
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.
L. 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 City of Kent for use as described
within this Agreement, for the purpose of implementing eligible activities 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 the City of Auburn
and City .0fKent, in implementing such eligible activities in the manner described herein; 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 public 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:
1. Scope of Agreement
2. Scope of Project
3. Commencement and Termination of Projects
4. Administration
5. Compensation and Method of Payment
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6.
7.
8.
9.
10.
II.'
12.
13.
14.
15.
PART II
I..
2.
3.
4.
5.
6.
7.
8.
9. .
10.
11.
12.
13.
14.
15.
PART III
1.
2.
3.
4.
5.
PART IV
PART V
Failure to Perform
Operating Budget
Funding Alternatives and Future Support
Amendments
Assigmnent and Subcontracting
Hold Harmless and Indemnification
Insurance
Conflict ofInterest
Termination
Reversion of Assets
FEDERAL. STATE AND LOCAL PROGRAM REQUIREMENTS:
Procurement Standards
EnviromnentaI 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
Miscellaneous Records
Retention of Records
Reports
Attachments
ACCEPTANCE AND SIGNATURES
PART I.
GENERAL CONDITIONS:
1. SCOPE OF AGREEMENT:
The Agreement between the parties shall consist of the signature page; the general conditions;
the Federal, State and local program requirements; the evaluation and record keeping
2
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requirements; each and every project Exhibit and Attachment 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 governed by this Agreement.
2. SCOPE OF PROJECT:
City of Kent shall use funds only to perform the activities set forth in the Attachments hereto.
In the case of multiple projects, each project shall correspond to a separate set of Attachments.
This Agreement may be amended fÌom 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 City of Kent with written notice to proceed. No work on a project shall occur
prior to the notice to proceed without written approval ftom the City. Termination dates for
individual projects shall be specified in the appropriate Attachments. Costs incurred after the
termination date will not be reimbursed. The termination date may be changed through
amendment of this Agreement.
B. Upon termination of individual projects covered by this Agreement, 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 of CDBG funds.
4. ADMINISTRATION:
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 of Auburn's Department of
Planning and Community Development. 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 Attachment(s).
5. COMPENSATION AND METHOD OF PAYMENT:
A. The City of Auburn shall reimburse City of Kent only for the activities specified in the
Attachments in an amount not to exceed the amount specified on Attachment #1 __ "CDBG
APPROPRIATION." Reimbursement shall be based on a CDBG Voucher Reimbursement
Request and Program Accomplishments Form submitted and signed by City of Kent's
authorized representative. Reimbursement is subject to the terms of Section 6 of this Part I.
B. City of Kent shall submit a properly executed Voucher Reimbursement Request and Program
Accomplishments Form as fÌequently as desired, but at a minimum no later than fifteen (15)
working days after the close of each calendar quarter throughout the term of the project. The
City of Auburn will make payment to City of Kent not more than forty-five (45) working days
after said Reimbursement Request is received and approved by the City. 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.
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C. Any reimbursement must comply with conditions of Letter of Credit Procedure Regulations
1900.23 (Revised) in that funds on hand shoúldnot exceed $5,000 if retained beyond three (3)
days and that any reimbursement in excess of the amount required shall be returned to the City.
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, following written notice to City of Kent , to withhold all or any part of payment,
suspend all or part of the contract, or prohibit 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) and Attachment(s) to this contract.
The option to withhold funds is in addition to, and not in lieu of, the City's right to termination
as provided in Section 14 of the General Conditions of this Agreement.
7. OPERATING BUDGET:
City of Kent shall apply the funds received from the City of Auburn under this Agreement in
accordance with the Budget Summary in the attached Exhibit(s). No line item expense
thereunder shall cause total expenditures charged to this Agreement to exceed the total amount
appropriated to City of Kent by the City of Auburn.
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT:
A. 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. Such
program income shall be treated in accordance with all applicable rules and regulations found at
24 CFR 570.504.
B. The City of Auburn makes no commitment to future support and assurnes no obligation for
future support of the activities contracted herein, except as expressly set forth in this
Agreement.
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
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.
9. AMENDMENTS:
Either party may request modifications in the scope of permissible activities, terms, or
conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this Agreement. A written amendment may affect a
project or projects authorized by this Agreement or may be of general application.
10. ASSIGNMENT AND SUBCONTRACTING:
A. 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 City of
Kent not less than fifteen (I 5) days prior to the date of any proposed assignment.
4
B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of
this Agreement and proper bidding procedures contained herein. 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 11.8.
11. HOLD HARMLESS AND INDEMNIFICATION:
A. 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. City of Kent further agrees to defend, indemnify and hold harmless the City of Auburn, its
elected and appointed officials, employees and agents fÌ"om 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 City of Kent, its employees, 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 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 govemmental 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 City
of Kent and its respective officers, agents, subcontractors, employees or any of them, City of
Kent agrees to fully satisfy the same and City of Kent shall reimburse the City of Auburn for
any cost and expense which the City of Auburn 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:
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 City of Kent or its officers, agents, representatives, assigns or servants. Tbe
limits of liability insurance, which may be increased fÌ"om time to time as deemed necessary by
the City of Auburn with the approval of City of Kent which shall not be unreasonably
withheld, shall not be less than one million dollars ($1,000,000) combined single limit personal
injury and property damage insurance. 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. Tbe 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:
City of Kent shall cause to be maintained, during the period that any construction work is in
5
progress, All Risk Builder's Insurance (including fire, vandalism, malicious mischief and
extended coverage), in an amount not less than the value of destructible contract work in place.
C.Proof of Insurance:
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 City of Kent's receitt 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.
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 exercises any
functions or responsibilities in connection with the planning and carrying out of the City of
Auburn's CDBG Program, or any other person who exercises any functions or responsibilities
in connection with the City, shall have any personal financial interest, direct or indirect, in this
Agreement, and City of Kent shall take appropriate steps to assure compliance.
B. Interest ofContractor(s) and Their Employees:
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:
Tbe Contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the CDBG Program, has any personal financial interest,
direct or indirect, in this Contract. The Contractor further covenants that he or she presently
has no interest and shall not acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services hereunder. The Contractor further
covenants that in the performance of this Contract no person having any conflicting interest
shall be employed. Any such interest on the part of the Contractor or the Contractor's
employees must be disclosed to City of Kent and the City.
14. SUSPENSION AND TERMINATION:
A. This Agreement is subject to suspension or termination upon 30 days written notice by the City
of Auburn should:
1. City of Kent mismanage or make improper or unlawful use ofCDBG funds;
2. 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;
3. CDBG funds become no longer available ftom the Federal Government or through the City;
4. City of Kent fail to carry out activities expressed by this Agreement; or
5. City of Kent fail to submit reports or submit incomplete or inaccurate reports in any
material respect.
B. This Agreement is subject to suspension or termination upon 30 days written notice by City of
Kent should:
1. The City of Auburn fail in its commitment under this Agreement to provide funding for
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services rendered, as herein provided; or
2. CDBG funds become no longer available from the Federal Government or through the City.
C. This Agreement may be suspended or terminated at any time, in whole or in part, upon the
written agreement of the City of Auburn and City of Kent .
D. Otherwise this Agreement shall terminate on the termination date specified on Attachment #1
attached hereto and shall be subject to extension only by mutual agreement and amendment in
accordance with paragraph 9, Amendments, of this Part.
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(l) of this section, City of Kent shall
return to the City of Auburn Kent all funds which were expended in violation of the terms of
this Agreement.
15. REVERSION OF ASSETS:
Upon expiration of this Agreement, 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 CDBG funds.
In the event that City of Kent ceases to use any asset acquired or improved wi1h CDBG funds
fur the purpose described in this Agreement, within five years following the termination of this
agreement, City of Kent shall pay to the City of Kent the fair market value of the asset less any
portion of the value attributable to expenditures ofnon-CDBG funds.
PART II,
FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS:
1. PROCUREMENT STANDARDS:
In awarding contracts pursuantto this Agreement, 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 RCW60.28.010, which addresses
retained percentages. In addition, City of Kent shall comply with the requirements of the U.S.
Office of Management and Budget Circular A-I 10 and/or A-I02 and/or A-B3, 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
gtandards differ from local or State standards, the stricter standards shall 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 City of
7
Kent to furnish data, information and assistance for the City's review and assessment in
determining whether an Environmental Impact Statement must be prepared.
B. Other Federal Environmental Laws:
In decision making and action pursuant to NEP A, and otherwise under this Agreement the
standards, policies, and regulations of the following laws and authorities shall be followed: The
National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended, particularly
section 106 (16 U.S.C. 470(f); Executive Order 11593, Protection and Enbancementofthe
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 V.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. 40 I 2a(a) and 4l06(a»; Executive Order 11988, Floodplain Management,
May 24,1977 (42 FR 26951 et seq.), particularly section 2(a); Executive Order 11990,
Protection ofWetIands, May 24, 1977 (42 FR 26961 et seq.), particularly sections 2 and 5; The
Coastal Zone Management Act of 1972 (16 V.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 ofl974 (42
U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as amended, particularly section I 424(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. I 278(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. 43.21C, and
regulations and ordinances adopted thereunder. If City of Kent is not a branch of government
Under RCW 43.21C.030, the City of Auburn may require City of Kent 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 City of Kent shall not
- proceed until satisfaction of all applicable requirements of the National and State
Environmental Policy Acts. A written notice to proceed will not be issùed by the City of
Auburn until all such requirements are complied with.
3. NONDISCRIMINATION:
A. General:
City of Kent shall comply with all Federal, State and local laws prohibiting discrimination on
the basis of age, sex, marital status, race, creed, color, national origin or the presence of any
sensory, mental or physical handicap. These requirements are specified in RCW chapter 49.60;
Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of
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1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order 11063; Executive Order
11246; Section 3 of the Housing and Urban Development Act of 1968; Section 504 of the
Rehabilitation Act of 1973; and, the Age Discrimination Act of 1975. Specifically, City of Kent
is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR
570.602 (b) (I) and shall take such affirmative and corrective actions as are required by the
Regulations at 24 CFR 570.602 (b)( 4).
B. Specific Discriminatory Actions Prohibited:
I. City of Kent may not, under any program or activity to which this Agreement may apply,
directly or through contractual or other arrangements, on the grounds of race, color, national
origin, or sex:
(i) Deny any person facilities, services, financial aid or other benefits provided under
the program or activity.
(ii) Provide any person with facilities, services, financial aid or other benefits which are
different, or are provided in a different form from that provided to others under the
program or activity.
(iii) Subject any person to segregated or separate treatment in any facility or in any
matter or process related to receipt of any service or benefit under the program or
activity .
(iv) Restrict in any way access to, or in the enjoyment of, any advanta~ or privilege
enjoyed by others in connection with facilities, services, financial aid or other
benefits under the program or activity.
(v) Treat any person differently from others in determining whether the person satisfies
any admission, enrollment, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any facilities,
services or other benefit provided under the program or activity.
(vi) Deny any person any opportunity to participate in a program or activity as an
employee.
2. City of Kent sball not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination on the basis of race, color, national origin, or sex,
or have the effect of defeating or substantially impairing accomplishment of the objectives
of the program or activity with respect to individuals of a particular race, color, national
origin, or sex.
3. City of Kent, in determining the site or location of housing or facilities provided in whole
or in part with funds under this part, may not make selections of such site or location which
have the effect of excluding individuals from, denying them the benefits of, or subjecting
them to discrimination on the grounds of race, color, national origin, or sex; or which have
the purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of the Act or of the HUD Regulations.
C. Fair Housing:
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
government. (Civil Rights Act of 1968, Title VII; Executive Order 11063).
D. Employment:
1. In all solicitations under this Agreement, City of Kent shall state that all qualified
9
applicants will be considered for employment. The words "equal opportunity employer" in
advertisements shall constitute compliance with this section.
2. 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 or 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, 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:
1. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement
shall discriminate in the sale of materials, equipment or labor on the basis of age, sex,
marital status, race, creed, color, national origin, or the presence of any sensory, mental, or
physical handicap. Such practices include: employment, upgrading, demotion, recruiting,
transfer, layoff, termination, pay rate, and advertisement for employment. (RCW chap.
49.60; Executive Order 11246 as amended).
2. All firms and organizations described above shall be required to submit to City of Kent
certificates of compliance demonstrating that they have, in fact, complied with the
foregoing provisions; 1;>rovided. that certificates of compliance shall not be required ITom
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, City of Kent shall purchase supplies and services for
activities under this Agreement ITom 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 of24 CFR
Part 24.
F. Notice:
1. 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 shall send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding a notice advising the said labor union or worker's representative of the
commitments made in these subsections.
2. In advertising for employees, goods or services for the activities under this Agreement, City
of Kent shall comply with Attachment 0 to OMB Circular A-l02 or A-llO, as applicable,
Procurement Standards, paragraph 9, Contractine: with Small and Minority Firms. Women's
Business Enterorise and Labor Surplus Area firms. Agencies shall be considered to be in
compliance with this provisionifat 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
10
Certified Minority/Women's Business Enterprise Directory.
4. LABOR STANDARDS:
City of Kent shall require that project construction contractors and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40
V.S.C. sections 276(a)-276(a)(5», and that they comply with the Copeland "Anti-Kickback"
Act (40 V.S.C. 276(c» and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327
et seq.) as prescribed at 29 CFR Parts 1,3,5,6 and 7; provided that this section shall not apply to
rehabilitation of residential property designed for residential use by fewer than eight families.
5. PROPERTY MANAGEMENT:
A. City of Kent agrees that any non-expendable personal property (capital equipment), purchased
wholly or in part with project funds ata cost of $300 (three hundred dollars) or more per item,
is upon its purchase or receipt the property of the City of Kent 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-ID2,
and/or Attachment N to the U.S. Office of Management and Budget Circular No. A-liD.
B. City of Kent shall be responsible for all such property, including its care and maintenance at
City of Kent 's expense.
C. City of Kent shall admit the City of Aubum's property management officer to City of Kent's
premises for the purpose of marking such property, as appropriate, with City property tags.
D. City of Kent shall meet the following procedural requirements for all such property:
1. Property records shall be maintained accurately and provide for: a description of the
property; manufacturer's serial number or other identification nurnber; 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.
4. Adequate maintenance procedures shall be implemented to keep the property in good
condition.
6. ACOUlSITION AND RELOCATION:
A. Any acquisition of real property by a State Agency for any activity assisted under this
Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 U.S.C. 460 I
et seq.) and the Regulations at 24 CFR Part 42.
B. hnplementation of any project provided for in this Agreement will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to
the greatest extent feasible.
II
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 shall
comply with the Regulations pertaining to costs of relocation and written policies, as specified
by 24 CFR 570.602 (c) and (d).
7. NATIONAL FLOOD INSURANCE:
To the extent indicated by 24 CFR 570.605, the City of Kent shall comply with the flood
insurance purchase requirements of Section 202(a) of the Flood Disaster Protection Act of
1973. (42 U.S.C. 4001 et seq. and the Federal regulations issued 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. sections 4831 et
sea.) 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 REOUlREMENTS AND COST PRINCIPLES:
A. If the City of Kent is a Itovemmental entity, the City of Kent shall comply with the
requirements and standards of OMB 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 Govermnents," and with the following
Attachments to OMB Circular No. A-I 02:
1. Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit insurance;
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment G, "Standards for Grantee Financial Management Systems;"
5. Attachment I, "Monitoring and Reporting Program Performance," Paragraph 2;
6. Attachment J, "Grant Payment Requirements;"
7. Attachment N, "Property Management Standards," except for Paragraph 3 concerning the
standards for real property;
. 8. Attachment 0, "Procurement Standards;" and
9. Attaéhment P, "Audit Requirements."
B. If the City of Kent is not a govermnental entity, the City of Kent shall comply with the
requirements and standards ofOMB Circular No. A-l33, "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-IlO:
}. 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;"
12
---¡-----
4. Attachment H, "Monitoring and Reporting Program Performance," Paragraph 2;
5. Attachment N, "Property Management Standards," except for Paragraph 3 concerning the
standards for real property; and
6. Attachment 0, "Procurement Standards."
10, OTHER FEDERAL REOUIREMENTS:
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 shall comply with all other Federal requirements relating to the expenditure of Federal
funds, including but not limited to: The Architectural Barriers Act of 1968 (42 U.S.C. 4151),
and the Hatch Act (5 U.S.C. Chapter 15). Additionally, the 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 requirements regarding transfer of a property interest sufficient to meèt any public
ownership requirement imposed by law.
13. PUBLIC INFORMATION:
A. In all news releases and other public notices related to projects funded under this Agreement,
City of Kent shall include information identifYing the source of funds as the City of Auburn
CDBG Program.
B. For all construction projects City of Kent shall erect a sign to City specifications at the
oonstruction site, identifYing the source of funds, except that this requirement may be waived
for construction projects of $1 00,000 or less.
C. 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) and
Attachment(s) are subject to the Washington State Public Disclosure Act, Chapter 42.17 RCW.
14. LOBBYING:
City of Kent certifies, to the best of his or her knowledge and belief, that:
13
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
¡;'ederal 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 City of Kent, 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.
15. RELIGIOUS ORGANIZATIONS:
The City of Kent will comply with all federal requirements concerning religious organizations
and the use of Community Development Block Grant funds. All services delivered must be
dispensed in a clearly non-sectarian manner, devoid of any religious influence.
PART III. EVALUATION AND RECORD KEEPING:
1. GENERAL:
The City of Kent agrees to maintain records and provide reports as listed in the Exhibits to this
Contract, and as defmed in 24 CFR 570.506.
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 shall be
14
- - --- ---- ~-_._--~---- ----,----- -----
subject at all times to inspection, review or audit by the City, Federal or State officials so
authorized by law during the performance of this Agreement and during the period of retention
specified in this Part III.
A. Audits:
The 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 will 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 with the
City. Failure to provide such audit will be considered a material breach of the contract and
result in a refund to the City of Auburn of all moneys paid or due under the contract.
B. Audit Reauirements:
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-B3.
4, REcORDS:
All Agencies receiving Community Development Block Grant funds nom the City of Auburn
shall maintain a certified public audit for the City of Auburn 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 Auburn and the City of Kent. As required by HUD Regulations, 24 CFR Part 570, the City
óf Kent shall compile and maintain the following records:
A. Financial Management:
Such records shall identify adequately the source and application of funds for activities within
this Agreement, in accordance with the applicable provisions of Attachment G to the U.S.
Office of Management and Budget Circular A-II O. These records shall contain infonnation
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 separate
relocation record for each person, business, organization, and farm operation displaced or in the
relocation workload must be kept.
C. Property Acauisition:
City of Kent files must contain a separate acquisition file for each acquisition process
docurnenting 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. Eaual Opportunity:
15
The City of Kent shall maintain racial, ethnic, and gender data showing the extent to which
these categories of persons have participated in, or benefited from, the activities carried out
under this Agreement. The 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 concerns which are located in
or owned in substantial part by persons residing in the area of the project.
E. Labor Standards:
Records shall be maintained regarding compliance of all contractors performing construction
work under this Agreement with the labor standards made applicable by 24 CFR 270.603 and
any State labor standards, as applicable.
F. Miscellaneous Records:
The City of Kent shall maintain such other records for each separate CDBG-jUilded project as
may be required by HUD or the City, including but not limited to:.
1. Original Funding Application.
2. Grant Award Letter.
3. Notice to Proceed and/or equivalent written approval from City.
4. Project or program related authorizations, motions, resolutions or meeting minutes oftbe
City of Kent 's governing body.
5. Contract Attachments, Exhibits and any amendments thereto.
6. This Agreement and any amendments thereto.
7 . Voucher reimbursement requests and program accomplishment fonns.
8. Bills for payment.
9. Approved vouchers and warrants.
10. Where CDBG funds will support City of Kent staff salary and/or fringe benefit costs,
payroll time sheets signed by tbe employee and the employee's supervisor, annotated to
docwnent percent of time charged against the project if less than full time.
11. 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,
docwnentation such as log sheets (for copy machine use, odometer readings, etc.). As an
alternative, annotated invoices may be used to docurnent charges as appropriate.
12. 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.
5. RETENTION OF RECORDs:
Required records shall be retained for a period of three (3) years after termination of this
Agreement, except as follows: (I) Records that are the subject of audit fmdings 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-l02, for governmental entities, and Circular No. A-II 0 for non-governmental
16
örganizations.
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. 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.
PART IV. EXHIBITS
The following exhibits are incorporated herein by reference
A. Environmental Determination.
B. City of Auburn's Management Memorandum: Housing Repair Eligibility and
Administrative Policies
C. Exhibit #1: General ContractInformation
D. Exhibit #2: Project Budget
E. ~xhibit #3: Special Conditions
F. Exhibit #4: Performance Measurements
17
PART V.
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 signatures as evidence to
their acceptance of this Agreement before their designated witnesses and/or notaries.
CITY OF AUBURN
MAYOR
ATTEST:
-----
Danielle Daskam,
City Clerk
CITY OF KENT, WASHINGTON
TITLE:
STATE OF WASHINGTON
)
) ss
)
COUNTY OF KING
-<L.b
On this ¿:t I day of
2005. before me, the undersigned, a Notary Public in and for the State of
. to me known to be
the
of City of Kent Washingtoll municipality referenced within the
foregoing instrument, and acknowledged said instrument to be the fiee and voluntary act and deed of saidCity for the uses
and purposes therein mentioned, and on oath stated tha(fiØ/she is authorized to execute said instrument on behalf of said
City.
IN WITNESS WHEREOF, I have hereunto set
...~" D. ....4i!
'I"S to "!'.
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.. ..' .,..,.
l :,..\~OT).'lì~"';'.cn
. :"e ...... ",:2ID
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18
EXHIBIT #1
Community Development Block Grant Contract
General Information
PROJECT NO.:
BG 0506
TITLE: .
PROJECT SUMMARY:
City of Auburn Housing Repair Program
Loans and grants for repair of low income, owner-occupied, single
family homes.
24CFR 570.202 - LowlMod Limited Clientele
ELIGIBILITY:
NATIONAL OBJECTIVE:
LowlModerate Income Housing
CDBG APPROPRIATION:
$154,000
TYPE OF PROJECT:
Capital
PROJECT LOCATION:
City-wide
SPECIAL CONDITIONS:
See EXHIBIT #3: Special Conditions
TERMINATION DATE:
December 31. 2005
CONTACT PERSON:
Katherin Johnson
TITLE:
Human Services Manae:er
MAILING ADDRESS:_ 220 4th Ave. S.. Kent. WA 98032
PHONE NUMBER:
FAX NUMBER:
253-856-5070
253-856-6070
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM
ACCOMPLISHMENTS FORM:
NAMElTITLE Katherin Johnson. Human Services Manae:er
SIGNATURE ~ .
(optional) NAMElTITLE John Hode:son. Parks. Recreation and Community Service Director
SIGNATURE
1
EXHIBIT #2
Community Development Block Grant Contract
Project Budget
PROJECT NO.: BG 0506
TITLE: Citv of Auburn Housinll Repair
I SJJMMARY OF TASKS AND COSTS
PERSONNEL COSTS
List Employees by Position Title
Annual
Salary
Percent of
Time to
Project
Item Total
Home Repair Supervisor
57,408 20% 11,482
41,760 70% 29,232
45,984 20% 9,197
39,672 10% 3,967
0 0
17,568 17,568
0 0
0 0
Home Repair Specialist
Home Repair Specialist
Home Repair Worker
Fr.inge BeneFús( taxes, benefits}
Category Total
(Should be the same as No.1 in
Budget Detail)l
202,392
71,446
(continued)
2
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EXHIBIT #2 (CONTINUED)
Community DevelopmentBlock 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 71,446 71,446
-- Office/Operating Supplies 10,000 10,000
-- Consultant or Purchased Services 0 0
-- Construction Contracts/ Real 46,754 46,754
Property Acauisition
-- Communications and 400 400
Advertisements
-- Travel and/or Training 0 0
-- Intra-Agency Support (i.e. 15,400 15,400
administrative overheaM
.
-- Capital Outlay - Construction 0 0
-- Other (Detail) (Vehicle Rental) 10,000 10,000
Total Project Costs
{Note: Column A must equal sum $154,000 $154,000 -0-
of Column Band C}
Column A Column B Column C
Source of Funds Total City of Auburn Other Sources
-- City of Auburn CDBG Funds 154,000 154,000
-- City of Auburn General Funds
-- Other Funds:
...
Grand Total
{No.te : Column A must equal sum 154,000 154,000
of Column Band C}
3
EXHIBIT #3
Community Development Block Grant Contract
Special Conditions BG # 0506
1. Resolution #3772: In accordance with the legislative intent of the City Council as expressed in CDBG
Budget Resolution #3772, the Agency must:
[Provide] Grants of less than $5,000 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 following 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 is responsible for all payment of contractors
· City of Kent shall submit a monthly reimbursement request to the City of Auwrn, 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. Timelv Pro2l"ession of Proiect: The Agency agrees that it will complete the above project in a timely
manner, and comply with the time line as set forth in Exhibit #5, Project Time Line.
3. Limitations on EXDenditures and Adiustments: 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 of CDBG
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 noti:tÿ the Agency in writing when
additional CDBG funds become available.
4. Termination of the Contract: This Agreement between the CITY OF AUBURN and City of Kent shall
terminate on December 31. 2005. In aCCórdance with the terms of the Agreement, all unspent CDBG funds
at the time of termination shall lapse and return to the City of Auburn's CDBG fund.
5. Public Information: The stipulations of Section 13(B) of the Agreement regarding the placement of sign(s)
identi:tÿing the source of funds is hereby waived.
4
EXHIBIT #4
Reporting Requirements and Recordkeeping _ BG # 0506
1. Reimbursement Schedule:
(a) The Agency must submit a request for reimbursement at least once a quarter and may submit such a
request on a monthly basis, beginning with the date of this Agreement, and applicable to all costs
incurred toward this grant beginning January 1,2005.
(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 CDBG funds made available
for re-appropriation. Continued failure to request reimbursement and submit required perfonnance
~ports will cause the City to take corrective action as it deems necessary.
(c) The City shall reimburse the Agency for its expenses incurred implementing this Agreement within the
forty-five (45) days following the receipt of a Voucher Reimbursement Request.
2. Reauired Contents of Reimbursement Reauest:
(a) Reimbursement Cover Sheet as supplied, showing Agency name, address, contact illfonnation, and
budget infonnation;
(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 abovß-required items
or through material omissions within those documents, will cause the request to be returned to the
Agency and will cause a delay in the disbursement of funds.
5
EXHmIT #5
PERFORMANCE MEASUREMENTS
BG # 0306
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 4111
4 4 3 1
9 9 8 7
(Actual Number of Units)
Loans/Grants Identified by City
Current Projects
Completed Units
Part 2. CDBG Expenditure Rate
CDBG Funds Vouchered
Projected Actual
1st Quarter (111-3/31) 38.500 --
2nd Quarter (4/1 - 6/30) 38.500
3rd Quarter (7/1 - 9/30) 38.500
4th Quarter (10/1-12/31) 38.500
6