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HomeMy WebLinkAbout3885 . . Return Address: Auburn City Clerk City of Auburn 25 West Main SI. Auburn, WA 98001 IltW~11I111111 ~~8lm S~ ~n INTERLOCA 58. J 63 08/22/2005 09'28 KING COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): @\~% Interlocal Agreement (RES 3885) Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document NW(-W~ 0 ~\o- Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1 . Kent, City of lrnent\s were Wed for aIlS aocommOdalion only. It has not been lIxamined lIS to proper execution or as to its affect upon title. Legal Description (abbreviated: Le. lot, block, plat or section, township, range) PER RCW 39.34 o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A D Assessor Tax # not yet assigned 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 GOVERNMENT'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 emergency 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 incorporated 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. ... Resolution No. 3885 July 27, 2005 Page 1 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. + ~ Dated and Signed this /!- day of , CITY OF AUBURN ~ PE R B. LEWIS MAYOR ATTEST: ~t['k/k--/ Danielle E. Daskam, City Clerk ----------- Resolution No. 3885 July 27, 2005 Page 2 , 200 ..s-: \~ ^ Exhibit "A", Resolution No. 3885 AGREEMENT Between The CITY OF AUBURN, WASHINGTON AND CITY OF KENT, WASHINGTON THIS AGREEMENT, entered into this /<}; day of (b.;c~ ,2005, between the City of Auburn, State of Washington, and Citv of Kent. State ofw:l.shinlrton. 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 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 ofthe 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 of Kent, 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 mutnally 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 t 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. PART II 1.. 2. 3. 4. 5. 6. 7. 8. 9. . 10. Il. 12. 13. 14. 15. PART III PART IV Failure to Perform Operating Budget Funding Alternatives and Future Support Amendments Assignment and Subcontracting Hold Harmless and Indemnification Insurance Conflict ofInterest Termination Reversion of Assets FEDERAL. STATE AND LOCAL PROGRAM REQUIREMENTS: 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: l. 2. 3. 4. 5. Evaluation Audits and Inspections Miscellaneous Records Retention of Records Reports Attachments PART V 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 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 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 TERMINA nON 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 "ith written notice to proceed. No work on a project shall occur prior to the notice to proceed without written approval from the City of Auburn. 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. COMPENSA nON 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 # I -- "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 frequently as desired, but at a minimum no later than fifteen (I5) 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. 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 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 Sununary 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 assumes no obligation for future support of the activities contracted herein, except as expressly set forth in this Agreement. C. Should anticipated sources ofrevenue 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 ofthis Agreement without the written consent of the City of Auburn, and it is further agreed that said consent must be sought in writing by Cily of Kent not less than fifteen (15) 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 II.B. 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 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 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 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 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. 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 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. 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: 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 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 City of Kent 's receip: 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: The 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 of CDBG 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 from 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 6 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(I) 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 for 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 pursuant to 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-133, as applicable, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination in bid conditions for projects over $100,000. Where Federal standards differ from local or State standards, the stricter standards shall apply. The Federal standard of$IOO,OOO 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 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 D.S.C. 4012a(a) and 4106(a)); Executive Order 11988, Floodplain Management, May 24,1977 (42 FR 26951 et seq.), particularly section 2(a); Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.), particularly sections 2 and 5; The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) as amended, particularly section 307(c) and (d) (16 U.s.C. 1456(c) and (d)); The Safe Drinking Water Act of 1974 (42 D.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. 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 goverrunent 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 govemment tinder 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 issued 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 8 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 activi1y as an employee. 2. City of Kent shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis ofrace, 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 ofthe 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; 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, 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: 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-I 02 or A-II 0, as applicable, Procurement Standards, paragraph 9, Contracting with Small and Minority Firms, Women's Business Enterprise and Labor Surplus Area firms. Agencies shall be considered to be in compliance with this provision if at least one of the following steps is taken: (a) advertise in a minority publication in addition to publication of general circulation; (b) utilize a minority contractors bidding center; and (c) utilize the King County Affirmative Action Office 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 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 US.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 at a 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-I 02, and/or Attachment N to the U.S. Office of Management and Budget Circular No. A-ll O. 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 Auburn'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: 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 ofthe 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. ACQUISITION AND RELOCATION: A. Any acquisition of real property by a State Agency for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 US.C. 4601 et seq.) and the Regulations at 24 CFR Part 42. B. Implementation of any project provided for in this Agreement will be undertaken so as to minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to the greatest extent feasible. 11 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 V.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 4&31 et ~.) 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 oflead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. 9. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES: A. Ifthe City of Kent is a govemmental entity. the City of Kent shall comply with the requirements and standards ofOMB Circular A-128, "Audits of State and Local Government," and Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments," and with the following Attachments to OMB Circular No. A-I02: 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 G, "Standards for Grantee Financial Management Systems;" 5. Attachment I, "Monitoring and Reporting Program Performance," Paragraph 2; 6. Attachment J, "Grant Payment Requirements;" 7. Attachment N, "Property Management Standards," except for Paragraph 3 concerning the standards for real property; 8. Attachment 0, "Procurement Standards;" and 9. Attachment P, "Audit Requirements." B. If the City of Kent is not a governmental entity, the City of Kent 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: 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;" 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 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 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. NONSUBSTlTUTlON 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 oflocal 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 meet any public ownership requirement imposed by law. 13. PUBLIC INFORMATION: A. In all news releases and other public notices related to projects funded under this Agreement, 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 construction 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 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 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 ofthis 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 offact 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 defined 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 IS most recent audit. The City of Kent will provide to the City of Auburn a copy of the City of Kent IS 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 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 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 of 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 information 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 ofthe overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload must be kept. C. Property Acquisition: 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: 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-funded 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 of the 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 forms. 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 the employee and the employee's supervisor, annotated to document percent of time charged against the project ifless 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, documentation such as log sheets (for copy machine use, odometer readings, etc.). As an alternative, annotated invoices may be used to document charges as appropriate. 12. In capital projects where CDBG 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 terruination of this Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained for three (3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for three (3) years after its final disposition. Nonexpendable property is defined in Attachment N to U.S. Office of Management and Budget Circular No. A-102, for governmental entities, and Circular No. A-IIO for non-governmental 16 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. 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 Contract Information D. Exhibit #2: Project Budget E. Exhibit #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. ji~=r~ ....-.: ~ c.;;::: " CITY OF KENT, WASHINGTON TITLE: Wash' ) ) ss ) STATE OF WASHINGTON COUNTY OF KING ....a.:C On this c9. / day of 2005, before me, the undersigned, a Notary Public in and for the State of (C/~ , to me known to be the of City of Kent. Washington. municipality referenced within the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of saidCity for the uses and purposes therein mentioned, and on oath stated tha~/she is authorized to execute said instrument on behalf of said City. " "t, D. I~~ i~ ,.". t ~-' .... ~ ...... .,.,.. I 'ft. .,\\OT'.'I/' t'\ i':. ~:.. _ '.. ...... .f/U ... . .. :"'~ ~I'8\.\e :... ..... <to' ..' '" .. ~~ .....,.... .. ~.. .A ~ ..~ "'- .. ""'O~ WU\l\ , '.""1111....... the date hereinabove set forth. '.'.' IN WITNESS WHEREOF, I have hereunto set ~~ 4;vISre~ tate of Washington, residing in MY COMMISSION expires: 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 oflow income, owner-occupied, single family homes. ELIGIBILITY: 24CFR 570.202 - Low/Mod Limited Clientele NATIONAL OBJECTIVE: Low/Moderate 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 Manager MAILING ADDRESS:_ 220 4th Ave. S., Kent. WA 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 I EXHIBIT #2 Community Development Block Grant Contract Project Budget TITLE: City of Auburn Housinl? Repair PROJECT NO.: BG 0506 I SUMMARY OF TASKS AND COSTS PERSONNEL COSTS List Employees by Position Title Annual Salary Percent of Time to Project Item Total (continued) 2 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 71,446 71,446 -- Office/Operating Supplies 10,000 10,000 -- Consultant or Purchased Services 0 0 -- Construction Contracts/ Real 46,754 46,754 Prooertv ACQuisition -- Communications and 400 400 Advertisements -- Travel and/or Training 0 0 -- Intra-Agency Support {i.e. 15,400 15,400 administrative overhead1 -- 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 {Note: Column A must equal sum 154,000 154,000 of Column Band Cl 3 EXHIBIT #3 Community Development Block Grant Contract Special Conditions BG # 0506 1. Resolution #3772: In accordance with the legislative intent ofthe 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 forme s) . 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 Aurum, 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 Progression ofProiect: 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 Expenditures and Adjustments: 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 notifY 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 accordance with the terms ofthe 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) identifYing 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 1, 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 performance r.eports 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 request to be returned to the Agency and will cause a delay in the disbursement of funds. 5 EXHIBIT #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 4th 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 1" Quarter (1/1-3/31) 2nd Quarter (4/1 - 6/30) 3'd Quarter (7/1 - 9/30) 4th Quarter (10/1 - 12/31) 38.500 38.500 38.500 38.500 6