HomeMy WebLinkAboutAuburn Food Bank BG0511
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AGREEMENT
Between The
CITY OF AUBURN, W ASIllNGTON
AND
AUBURN FOOD BANK
TillS AGREEMENT, entered into this -2JL. day of S~"^-4'- , 2005, between the
City of Auburn, State of Washington (hereinafter referred to as the "City") and Aubunl Food Bank
(hereinafter referred to as the "Agency").
.'
WHEREAS. The City 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 (HOD) at 24 CFR Part 570; and
WHEREAS. The City desires to award certain funds to the Agency for use as described within this
Agreement, for the purpose of implementing eligible activities under the Act; and
WHEREAS. It is appropriate and mutually desirable that the Agency be designated by the City 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 and the
Agency, 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
35.71.670 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 paymepts, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually COV(:nan.t and agree
as provided for in this Agreement.
PART I GENERAL CONDmONS:
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. Failure to Perform
7. Operating Budget
8. Funding Alternatives and Future Support
9. Amendments
10. Assignment and Subcontracting
11. Hold Harmless and Indemnification
12. Insurance
13. Conflict of Interest
14. Termination
15. Reversion of Assets
PART II FEDERAL. STATE AND LOCAL PROGRAM REOUIREMENTS~
1. Proc\U'ement Standards
2. Environmental Review
3. Nondiscrimination
4. Labor Standards
5. Property Management
6. Acquisition and Relocation
7. National Flood Insurance
8. Lead-Based Paint Poisoning
9. Administrative Requirements and Cost Principles
10. Other Federal Requirements
11. Non-substitution for Local Funding
12. Public Ownership
13. Public Information
14. Lobbying
15. Religious Organizations
PART III EVALUATION AND RECORD KEEPING:
1. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records .
5. Reports
PART IV EXHIBITS
PART V ACCEPTANCE AND SIGNATURES
ATTACHMENTS:
AITACHMENT #1: General Information
ATTACHMENT #2: Project Budget
ATTACHMENT #3: Special Conditions
ATTACHMENT #4: Records and Reporting
ATTACHMENT #5: Project TimelineJPerformance Measurements
AITACHMENT #6: Project Scope of Work
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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
requirements; each and every project Exhibit and Attachment incorporated into the Agreement;
all matters and laws incorporated by reference herein; and any written amendm(:nts made
according to the general conditions. This Agreement supersedes any and all forrner agreements
applicable to projects governed by this Agreement.
2. SCOPE OF PROJECT:
The Agency 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 TERMINATION OF PROJECTS:
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58, the City shall
furnish the Agency with written notice to proceed. No work on a project shall occur prior to the
notice to proceed without written approval from the City. Termination dates for individual
proj ects shall be specified in the appropriate Attachments. Costs incurred after the termination
date will not be reimbursed. The termination date may be changed through amendment of this
Agreement.
B. Upon termination of individual projects covered by this Agreement, the Agency shall transfer to
the City any CDBG funds on hand at the time of termination and any accounts receivable
attributable to the use of CDBG funds.
4. ADMINISTRATION:
I
The Agency shall appoint a liaison who shall be responsible for overall adminiStration of
CDBG funded project(s) and coordination with the City of Auburn's Department of Planning
and Community Development. The Agency shall also designate one or more repr1esentatives
who shall be authorized to sign the Voucher Reim1?ursement Requests and Program
Accomplishments Forms. The names of the liaison and representatives shall be specified in the
Attachment(s).
S. COMPENSATION ANn METHOD OF PAYMENT:
A. The City shall reimburse the Agency 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 the Agency's authorized representative.
Reimbursement is subject to the terms of Section 6 of this Part 1.
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B. The Agency shall submit a properly executed Voucher Reimbursement Request and Program
Accomplishments Form as frequently as desired, but at a minimum no later than fifteen (15)
working days after the close of each calendar quarter throughout the term of thc: project. The
City will make payment to the Agency not more than forty-five (45) working days after said
Reimbursement Request is received and approved by the City. The City will issue a statement
of correction in the event that the Voucher Reimbursement Request is erroneous. Payment does
not constitute 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 $15,000 if retained beyond three (3)
days and that any reimbursement in excess of the amount required shall be retwned 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 reserves the right,
following written notice to the Agency, to withhold all or any part of payment, suspend all or
part of the contract, or prohibit the Agency from incurring additional obligations of funds until
the City is s~tisfied that-corrective action has been taken or completed as more specifically
outlined in the Exhibit(s) and Attachment(s) to this contract. The option to withhold funds is in
addition to, and not in lieu of, the City's right to termination as provided in Section 14 of the
General Conditions of this Agreement.
7. OPERATING BUDGET:
The Agency shall apply the funds received from the City under this Agreement in accordance
with the Budget Summary found on Attachment #2. No line item expense thereunder shall
cause total expenditures charged to this Agreement to exceed the total amount appropriated to
the Agency by the City as indicated in Attachment #1 -- "CDBG APPROPRIATION."
8. FUNDING ALTERNATIVES AND FuTURE SUPPORT:
A. The Agency shall report all project income generated under this Agreement for the purposes
specified herein or generated through the project(s) funded under this Agreement. Income
which is not used to continue or benefit such project(s) shall revert to the CDBO Fund for
reallocation by the City. The City shall determine whether income is being used to continue or
benefit a project or projects authorized by this Agreement. If the City should authorize, the
Agency will comply with all provisions of this Agreement in expending such pr~ject income.
B. The City 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 of revenue become unavailable to the City for use in the Community
Development Block Grant Program, the City shall immediately notify the Agency in writing
and the City will be released from all contracted liability for that portion of the Agreement
covered by funds not yet received by the City.
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9. AMENDMENTS:
Either party may request modifications in the scope of permissible activities, terms, or
conditions of this Agreement. Proposed modifications which are mutually agrel~d upon shall be
incorporated by written amendment to this Agreement. A written amendment may affect a
project or projects authorized by this Agreement or may be of general application.
10. AsSIGNMENT AND SUBCONTRACTING:
A. The Agency shall not assign any portion of this Agreement without the written consent of the
City, and it is further agreed that said consent must be sought in writing by the Agency not less
than fifteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of
this Agreement and proper bidding procedures contained herein. The Agency agrees that it is as
fully responsible to the City for the acts and omissions of its subcontractors and their employees
and agents, as it is for the acts and omissions of its own employees and agents, as provided in
paragraph II.B.
11. HOLD HARMLESS AND INDEMNIFICATION:
A. The Agency agrees that it is financially responsible (liable) for any audit exception or other
financial loss to the City which occurs due to its negligence or its failure to comply with the
terms of this Agreement.
B. The Agency further agrees to defend, indemnify and hold harmless the City, its dected and
appointed officials, employees and agents from and against any and all claims, demands and/or
causes of action of any kind or character whatsoever arising out of or relating to services
provided under this Agreement by the Agency, its employees, subcontractors, or agents for any
and all claims by any persons for alleged personal injury, death, or damage to th(:ir persons or
property to the extent caused by the negligent acts, errors or omissions of the Agl~ncy, 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, the
Agency shall defend the same at its sole cost and expense; provided that the City 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 and/or its officers, agents, and/or employees or any
of them or jointly against the City and the Agency and its respective officers, agents,
subcontractors, employees or any of them, the Agency agrees to fully satisfy the same and the
Agency shall reimburse the City for any cost and expense which the City has incurred as a
result of such claim or suit. The provisions of this section shall survive the expiration or
termination of this Agreement.
12. INSURANCE:
A. Public Liability Insurance:
The Agency 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, pe:rsonal injury,
death or property damage occurring or arising out of services provided under this Agreement,
which insurance shall cover such claims as may be occasioned by any act, omission, or
negligence of the Agency or its officers, agents, representatives, assigns or servants. The limits
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of liability insurance, which may be increased from time to time as deemed necessary by the
City with the approval of the Agency 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 shall be specifically named as an additional insured on all such policies, and
all such policy or policies shall be primary to any other valid and collectible insurance.
B. Building Risk Insurance:
The Agency shall cause to be maintained, during the period that any construction work is in
progress, All Risk Builder's Insurance (including fire, vandalism, malicious mischief and
extended coverage), in an amount not less than the value of destructible contract work in place.
r.
C. Proof of Insurance:
Certificate or certificates or other evidence satisfactory to the City evidencing the existence and
terms and conditions of all insurance required above shall be delivered to the City within five
days of the Agency's receipt of the Authorization to Proceed. The policy or policies of insurance
required to be maintained in accordance with this Agreement shall not be cance]ied or given
notice of non-renewal nor shall the terms or conditions thereof be altered or am(:nded 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 or Agency who exercises any functions or
responsibilities in connection with the planning and carrying out of the City of Auburn CDBG
Program, or any other person who exercises any functions or responsibilities in connection with
the City, shall have any personal financial interest, direct or indirect, in this Agre:ement, and the
Agency shall take appropriate steps to assure compliance.
B. Interest ofContractor(s) and Their Employees:
The Agency agrees that it will incorporate into every subcontract required to be in writing, and
made pursuant to this Agreement, the following or equivalent provisions: .
The Contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the CnBG 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 fiJrther
covenants that in the performance of this Contract no person having any conflicting interest
shall be employed. Any such interest on the part of the Contractor or the Contractor"s
employees must be disclosed to the Agency and the City.
14. SUSPENSION AND TERMINATION:
A. This Agreement is subject to suspension or termination upon 30 days written notil:e by the City
should:
1. The Agency mismanage or make improper or unlawful use of CDBG funds;
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2. The Agency fail to comply with the terms and conditions expressed herein or the applicable
regulations and directives of the Federal Government, State, or City;
3. CDBG funds become no longer available from the Federal Government or through the City;
4. The Agency fail to carry out activities expressed by this Agreement; or
5. The Agency fail to submit reports or submit incomplete or inaccurate reports in any material
respect.
B. This Agreement is subject to suspension or termination upon 30 days written notice by the
Agency should:
1. The City fail in its commitment under this Agreement to provide funding for services
rendered, as herein provided; or
2. CDBG 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 pwt, upon the
written agreement of the City and the Agency.
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 fun.ds awarded
through this Agreement shall lapse and remain in the City of Auburn's CDBG fimd.
F. In the event that termination occurs under paragraph A(I) of this section, the Agency shall
return to the City all funds which were expended in violation of the terms of this Agreement.
15. REVERSION OF ASSETS:
Upon expiration of this Agreement, the Agency shall transfer to the City any City CDBG funds
on hand at the time of expiration any accounts receivable attributable to the use of City CDBG
funds.
In the event that the Agency ceases to use any asset acquired or improved with CDBG funds for
the purpose described in this Agreement, within five years following the termination of this
agreement, the Agency shall pay to the City the fair market value of the asset less any portion of
the value attributable to expenditures_ of non-CDBG funds.
,
PART II. FEDERAL. STATE AND LOCAL PROGRAM REOUIREMENTS:
1. PROCUREMENT STANDARDS:
In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable
requirements of local and State law for awarding contracts, including but not limi.ted to
procedures for competitive bidding, contractor's bonds, and RCW60.28.01O, whic~h addresses
retained percentages. In addition, the Agency shall comply with" the requirements of the U.S.
Office of Management and Budget Circular A-110 and/or A-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
standards differ from local or State standards, the stricter standards shall apply. The Federal
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standard of$100,000 for competitive bidding shall apply only if the applicable State or local
standard for competitive bidding is greater than $100,000.
2. ENVIRONMENTAL REVIEW:
A. National Environmental Policy Act:
The City retains environmental review responsibility for purposes of fulfilling requirements of
the National Environmental Policy Act as implemented by HOD Environmental Review
Procedures (24 CFR Part 58). The City may require the Agency to furnish data, information and
assistance for the City's review and assessment in determining whether an Environmental
Impact Statement must be prepared.
B. Other Federal Environmental Laws:
,
In decision making and action pursuant to 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 (Hi V.S.C. 469a-
1), as amended by the Archaeological and Historic Preservation Act of 1974; Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.) as amended, particularly sections 102(a) and
202(a) (42 U.S.C. 4012a(a) and 4106(a)); Executive Order 11988, Floodplain Management,
May 24, 1977 (42 FR 26951 et seq.), particularly section 2(a); Executive Order 11990,
Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.), particularly sections 2 and 5; The
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) as amended, particularly
section 307(c) and (d) (16 U.S.C. 1456(c) and (d)); The Safe Drinking Water Act of 1974 (42
V.S.C. 201, 300(f) et seq., and 21 V.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 Sl~q.) as
amended, particularly Section? (16 V.S.C. 1536); The Wild and Scenic Rivers Act of 1968 (16
V.S.c. 1271 et seq.) as amended, particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c));
The Clean Air Act (42 U.S.C. 7401 et seq.) as amended, particularly section 176(c) and (d) (42
U.S.C. 7506(c) and (d)); and HOD 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 43.21C.030 retain responsibility for
fulfilling the requirements of the State Environme:qtal Policy Act, RCW chap. 43.21C, and
regulations and ordinances adopted thereunder. If the Agency is not a branch of government
under RCW 43.21C.030, the City may require the Agency to furnish data, information and
assistance as necessary to enable the City to comply with the State Environmental Policy Act.
D. Satisfaction of Environmental Requirements:
Project execution under this Agreement by either the City or the Agency shall not proceed until
satisfaction of all applicable requirements of the National and State Environmental Policy Acts.
A written notice to proceed will not be issued by the City until all such requirements are
complied with.
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3. NONDISCRIMINATION:
A. General:
The Agency shall comply with all Federal, State and local laws prohibiting discrimination on
the basis of age, sex, marital status, race, creed, color, national origin or the presence of any
sensory, mental or physical handicap. These requirements are specified in RCW chapter 49.60;
Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of
1964, Title VI; Civil Rights Act of 1968, Title VITI; Executive Order 11063; Executive Order
11246; Section 3 of the Housing and Urban Development Act of 1968; Section 504 of the
Rehabilitation Act of 1973; and, the Age Discrimination Act of 1975. Specifically, the Agency
is prohibited from taking any discriminatory actions defined in the BUD Regulations at 24 CFR
570.602 (b) (1) and shall take such affirmative and corrective actions as are required by the
Regulati0ns at 24 CFR 570.602 (b)(4).
B. Specific Discriminatory Actions Prohibited:
1. The Agency may not, under any program or activity to which this Agreement may apply,
direc~ly or through contractual or other arrangements, on the grounds of race:, color, national
origin, or sex:
(i) Deny any person facilities, services, financial aid or other benefits provided under
the program or activity.
(ii) Provide any person with facilities, services, financial aid or other benefits which are
different, or are provided in a different form from that provided to others under the
program or activity.
(iii) Subject any person to segregated or separate treatment in any facility or in any
matter or process related to receipt of any service or benefit under the: program or
activity.
(iv) Restrict in any way access to, or in the enjoyment of, any advantage or privilege
enjoyed by others in connection with facilities, services, fInancial aid or other
benefits under the program or activity.
(v) Treat any person differently from others in determining whether the person satisfies
any admission, emollment, 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 actiVl1y as an
employee.
2. The Agency shall not utilize criteria or methods of administration which haV(: 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 ofthe objectives
of the program or activity with respect to individuals of a particular race, color, national
origin, or sex.
3. The Agency, in determining the site or location of housing or facilities provided in whole or
in part with funds under this part, may not make selections of such site or location which
have the effect of excluding individuals from, denying them the benefits of, o:r 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 accomplishm(mt of the
objectives of the Act or of the BUD Regulations.
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C. Fair Housing:
The Agency shall take necessary and appropriate actions to prevent discrimination in Federally
assisted housing and lending practices related to loans insured or guaranteed by the Federal
government. (Civil Rights Act of 1968, Title vn; Executive Order 11063).
D. Employment:
1. In all solicitations under this Agreement, the Agency shall state that all qualified applicants
will be considered for employment. The words "equal opportunity employer" in
advertisements shall constitute compliance with this section.
2. The Agency shall not discriminate against any employee or applicant for employment in
connection with this Agreement because of age, sex, marital status, race, cre:ed, 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 amend(:d).
3. To the greatest extent feasible, the Agency 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. (ReW chap.
49.60; Executive Order 11246 as amended).
2. All firms and organizations described above shall be required to submit to the Agency
certificates of compliance demonstrating that they have, in fact, complied wi1th 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, th~ Agency shall purchase supplies and services for activities
under this Agreement from vendors and contractors whose businesses are located in the area
served by CDBG 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. The Agency shall include the provisions of the appropriate subsections A, B, C, D, and E of
this section 3 entitled "Nondiscrimination" in every contract or purchase order for goods
and services under this Agreement and shall send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding a notice advising the said labor union or worker's representativc~ of the
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6. ACQUISITION AND RELOCATION:
A. Any acquisition of real property by a State Agency for any activity assisted und.~r this
Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 U.S.C. 4601
et seq.) and the Regulations at 24 CFR Part 42.
B. Implementation of any project provided for in this Agreement will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to
the greatest extent feasible.
C. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the
result of .acquisition of real property assisted under this Agreement shall comply with the
Uniform"Act, the Regulations at 24 CFR Part 42, and the City of Auburn's Displacement Policy
required by Federal CDBG regulations at 24 CFR 570.305. The Agency shall comply with the
Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR
570.602 (c) and (d).
7. NATIONAL FLOOD INSURANCE:
To the extent indicated by 24 CFR 570.605, the Agency shall comply with the flood insurance
purchase requirements of Section 202(a) of the Flood Disaster Protection Act of 1973. (42
U.S.C. 4001 et seq. and the Federal regulations issued thereunder). The Agency :shall comply
with the Regulations at 24 CFR section 570.605.
8. LEAD-BASED PAINT POISONING:
The Agency shall comply with the HOD Lead-Based Paint Regulations (24 CFR Part 35) issued
pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. sections 4831 ~.)
requiring prohibition of the use of lead-based paint (whenever funds under this Agreement are
used directly or indirectly for construction, rehabilitation, or modernization of residential
structures) and notification of the hazards of lead-based paint poisoning to purchasers and
tenants of residential structures constructed prior to 1950.
9. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES:
A. If the Agency is a governmental entity. the Agency 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:
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
Contract - BG0511 12
~--~ -- -,~ - --------_.,_.__._-_.._--------------_.._-~-_.-.._.- .' -~---,...- --
standards for real property;
8. Attachment 0, "Procurement Standards;" and
9. Attachment P, "Audit Requirements."
B. If the Agency is not a governmental entity, the Agency shall comply with the requirements and
standards ofOMB Circular No. A-133, "Audits of Institutions of Higher Learning and Other
Non-Profit Institutions," and No. A-122, "Cost Principles for Non-Profit Organizations," and
the following Attachments to OMB Circular No. A-I 10:
1. Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit insurance;
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment H, "Monitoring and Reporting Program Performance," Paragraph 2;
5. AttaChment N, "Property Management Standards," except for Paragraph 3 concerning the
.
standards for real property; and
6. Attachment 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 Agency activities. The Agency
shall comply with all other Federal requirements relating to the expenditure ofFl~deral funds,
including but not limited to: The Architectural Barriers Act of 1968 (42 U.S.C. 4151), and the
Hatch Act (5 U.S.C. Chapter 15). Additionally, the Agency shall comply with thl;: 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 Agency to
reduce substantially the amount of local financial support for community development activities
below the level of such support prior to the availability of funds under this Agreement.
12. PUBLIC OWNERSmp:
For Agencies which are not municipal corporations organized under the laws of the State of
Washington, it may become necessary to grant the City a property interest where the subject
project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of
publicly owned facilities and improvements. The Agency shall comply with cummt City
requirements regarding transfer of a property interest sufficient to meet any public ownership
requirement imposed by law.
13. PuBLIC INFORMATION:
A. In all news releases and other public notices related to projects funded under this Agreement,
the Agency shall include information identifying the source of funds as the City of Auburn
CDBG Program.
B. For all construction projects the Agency shall erect a sign to City specifications at the
Contract - BG0511 13
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construction site, identifying the source of funds, except that this requirement may be waived
for construction projects of $100,000 or less.
C. The Agency acknowledges that this Agreement and any other information provided by it to the
City and/or relevant to the Project(s) described in the Exhibit(s) and Attachment(s) are subject
to the Washington State Public Disclosure Act, Chapter 42.17 RCW.
14. LOBBYING:
-
The Agency certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigped, 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 coope:rative
agreement, and the extension, continuation, renewal, amendment, or modIfication of any
Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Agency, a Member of
Coqgress, 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 wlth its instructions.
C. The Agency shall require that the language of this certification, or equivalent language, be
included in the award documents for all subawards at all tiers (including subcontracts,
sub grants, 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 Agency will comply with all federal requirements concerning religious organizations and
the use of Community Development Block Grant funds. All services delivered must be
dispensed in a clearly non-sectarian manner, devoid of any religious influence.
Contract - BG0511 14
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PART III. EVALUATION AND RECORD KEEPING:
1. GENERAL:
The Agency agrees to maintain records and provide reports as listed in Attachment #4 of this
Contract, and as defined in this Part, below.
2. EVALUATION:
The Agency agrees to participate with the City in any evaluation project or performance report,
as designed by the City or the appropriate Federal Agency, and to make available all
information required by any such evaluation process.
,
3. AUDITS ANn INSPECTIONS:
The records and documents with respect to all matters covered by this Agreement shall be
subject at all times to inspection, review or audit by the City, Federal or State officials so
authorized by law during the performance of this Agreement and during the period of retention
specified in this Part m.
A. Audits:
The Agency will provide at or before the contract signing a copy of the Agency's most recent
audit. The Agency will provide to the City a copy of the Agency.s most recent audit for each
year in which a contract for the use of funds exists with the City. Failure to provide such audit
will be considered a material breach of the contract and result in a refund to the City of all
moneys paid or due under the contract.
B. Audit Reauirements:
Agencies receiving $300,000 or more in federal funds will provide to the City 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 Ciity shall
maintain a certified public audit for the City Community Development Block Grant year in
which the funds are awarded and through each Community Development Block Grant year or
portion thereof, in which the funds are used or a contract exists between the Agency and the
City. As required by HOD Regulations, 24 CFR Part 570, the Agency shall compile and
maintain the following records:
A. Financial Management:
Such records shall identify adequately the source and application of funds for activities within
this Agreement, in accordance with the applicable provisions of Attachment G to the U.S.
Office of Management and Budget Circular A-1IO. These records shall contain information
pertaining to grant awards and authorizations, obligations, unobligated balances, assets,
liabilities, outlays, and income.
Contract - BG0511 15
_.__.__m___......_.._..._.___ ---------------"-~--~----_.,.-..__._'''_._._-
B. Relocation:
Agency record keeping must comply with the Uniform Act implementing regulations at 24 CFR
Part 42. Indication of the overall status of the relocation workload and a separatc~ relocatioQ.
record for each person, business, organization, and farm operation displaced or in the relocation
workload must be kept.
C. Property Acquisition:
Agency files must contain a separate acquisition file for each acquisition process documenting
compliance with the implementing regulations for the Uniform Act at 24 CFR Part 42. Major
requirements include: (a) invitation to owner to accompany appraiser during inspection, (b) at
least one property appraisal, (c) statement of basis for determination of just compensation, (d)
written offer of just compensation, (e) all documents involving conveyance, (f) settlement cost
reporting statement, and (g) notice to surrender possession of premises.
D. Equal Opportunity:
The Agency shall maintain racial, ethnic, and gender data showing the ext.ent to which these
categories of persons have participated in, or benefited from, the activities carried out under this
Agreement. The Agency shall also maintain data which records its affirmative a(;tion in equal
opportunity employment, arid its good-faith efforts to identify, train, and/or hire lower-income
residents of the project area and to utilize business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
E. Labor Standards:
Records shall be maintained regarding compliance of all contractors performing construction
work under this Agreement with the labor standards made applicable by 24 CFR 270.603 and
any State labor standards, as applicable.
F. Miscellaneous Records:
The Agency shall maintain such other records as may be required by HOD or the City.
Such records shall include, but shall not be limited to, a separate and current file for each
separate CnBG funded project (as represented by separate Exhibits and Attachments to this
Agreement), containing copies of originals of the following: "
1. Original Funding Application.
2. Grant Award Letter.
3. Notice to Proceed and/or equivalent written approval from City.
4. Project or program related authorizations, motions, resolutions or meeting minutes of the
Agency's governing body.
5. Contract Attachments, Exhibits and any amendments thereto.
6. This Agreement and any amendments thereto.
7. Voucher reimbursement requests and program accomplishment forms.
8. Bills for payment.
9. Approved vouchers and warrants.
10. Where CDBG funds will support Agency staff salary and/or fringe benefit costs, payroll
time sheets signed by the employee and the employee's supervisor, annotated to document
percent of time charged against the project ifless than full time.
Contract - BG0511 16
,- ----._----- -
11. Where CDBG funds will be used to offset the cost of communications, travd 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 1hat these
employees worked, and their rate of pay per hour.
Additionally, each project file shall include documentation on all persons who have benefited
from the project, as follows: residence status (Auburn resident, non-Auburn resident); income
status (below 30% of County Median, below 50% of County median, below 80% of County
median, above 80% of county median); ethnic status (white, black, American Indian or Alaskan
Native, Hispanic, Asian or Pacific Islander); and whether or not beneficiary is a member of a
female-headed household.
5. RETENTION OF RECORDS:
Required records shall be retained for a period of three (3) years after termination of this
Agreement, except as follows: (1) Records that are the subject of audit findings :shall be
retained for three (3) years after such findings have been resolved. (2) Records fbr
nonexpendable property shall be retained for three (3) years after its final disposition.
Nonexpendable property is defined in Attachment N to U.S. Office of Management and Budget
Circular No. A-I02, for governmental entities, and Circular No. A-110 for non-governmental
organizations.
6. REpORTS
The Agency shall submit such reports as required by the City at such times as required by the
City. Notwithstanding any other provision of this Agreement to the contrary, the reports
required by the City shall be submitted by the Agency no less than. on an annual basis. Such
reports shall also be submitted prior to project completion.
PART IV. EXHIBITS
,
The following exhibits are incorporated herein by reference
A. Environmental Determination.
C. Contract Scope of Work, Completion Date, and Contact Information between th€: Auburn Food
Bank and the consultant hired to conduct the study.
Contract - BG0511 17
..,._~- _..~ "..~.~..._.___.,__._..~__u____ -"_._-_.~ --~_._----~-_..__.,.-
PART V. ACCEPTANCE AND SIGNATURES:
The parties hereto agree and accept the terms, conditions, covenants and all matters andllaws
incorporated by reference herein and therefore cause their hands to affix their signature8 as evidence to
their acceptance of this Agreement before their designated witnesses and/or notaries.
--.4
?
~T:
Dmll~
City Clerk
~~
FOOD BANK ::=J
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this d.6 T~ day of 6-ey;Ie/tL b:.er . 2005. before me, the undersigned, a Notary Public in and for the State of
Washington, personally appeared C!Zle-K I2IJ If (~[/fJ I/' It... 1 , to me known to be
n ---J T7 I _J /' ..d
i \ ~4 b~ N"" /-~~ (7~1C
the ~Z e LA -f. J"1 ~ t rtl" f~ V oflteDlI <-,v'~'~n1iUrll. A uilllt.......n ,Ii '.n..ld~ the non-profit
corporation referenced as Agency within the foregoing instnum;nt, and acknowledged said instrument to be the free and
~ ....
voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument on behalf of said non-profit corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth.
C"""''''''''''''', ~f "h-uv
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.~:'c..l/;;,~'''c;.' '.;') I" NOTARY PUBLIC m and for the State _ '
r ?" ,,'. ,~\ of Washington, residing in 1/.t4 ~i t!tl4tfy
':.;.r~\ .':\{/RUC ./ f MY COMMISSION expires: /~/zr-'~ "/7
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Contract - BG0511 18
- ---~-- .- ---_._.._-_.,----~ -
ATTACHMENT #1
Community Development Block Grant Contract - BG0511
General Information
PROJECT NO.: BG0511
TITLE: The Auburn Food Bank- Food Bank Feasibility Study / BU8iness Plan
PROJECT SUMMARY: . System Planning, limited grant, to coordinate and strengthen distribution of
emergency food supplies in south King County.
ELIGIBILITY: 570.205 - Planning (20)
,
NATIONAL OBJECTIVE: 570.208(a)(2) - Low/Mod Limited Clientele
CDBG APPROPRIATION: $15,000
TYPE OF PROJECT: Planning
PROJECT LOCA nON: Community Wide
SPECIAL CONDITIONS: See EXHIBIT #3: Special Conditions
TERMINATION DATE: December 31. 2005
CONTACT PERSON: Jack Laverty
TITLE: Executive Director
MAILING ADDRESS: P.O. Box 464. Auburn. WA 98071-0464
PHONE/FAXNUMBER: (253) 804-5696 x 3
E-MAIL: iackl@TheAuburnFoodBank.ORG
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM: I
NAME/TITLE
SIGNA lURE
(optional) NA
SIGNAlURE
Attachments - BG0511 1
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ATTACHMENT #2
Community Development Block Grant Contract - BGOSll
Project Budget
PROJECT NO.: BG0511 TITLE: Auburn Food Bank Feasibility Stugy
Column A Column B Column C
Cost Categories Total Budget Item CDBG Other N~m-CDBG
Funds Funds
-- Personnel Costs
.
-- Office?Operating Supplies
-- Consultant or Purchased Services 15,000 15,000 0
-- Construction Contracts/ Real
Property Acauisition
-- Communications and
Advertisements
-- Travel and/or Training
- Intra-Agency Support {Le.
administrative overhead}
-- Capital Outlay - Construction
-- Other (Detail) 1,500 0 1,500
-- Administrative Overhead
Total Project Costs
{Note: Column A must equal sum of 16,500 15,000 1,500
Column Band Cl
Column A Column B Column C
Source of Funds Total City of Auburn Other SOl'lrces
-- City of Auburn CDBG Funds 15,000 15,000 0
-- Other Funds: 1,500 0
Auburn Food Bank 1,500
...
Grand Total
{Note: Column A must equal sum of 16,500 15,000 1,500
Column Band Cl
Attachments - BG0511 2
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ATIACHMENT #3
Community Development Block Grant Contract - BG0511
Special Conditions
1. Resolution 3871: In accordance with the legislative intent of the City Council as expressed in CDBG Budget
Resolution 3871, the Agency must:
System Planning, limited grant, to coordinate and strengthen distribution of emergency food supplies in
south King County. {CDBG Eligible under 24CFR570.205}
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 Attachment #4, Project Time Line.
3, Limitations on EJq>enditures 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 CDBGi funds
available to the Agency is less than appropriated; then the City will notify the Agency in writing when
additional CDBG.funds become available.
4. Termination of the Contract: This Agreement between the CITY OF AUBURN and the AGENCY shall
terminate on December 31. 2005, In accordance with the terms of the Agreement, all unspent CDBG funds at
the time oftermination 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 erection of sign
identifying the source of funds is hereby waived.
6. Reversion of Assets: In the event that the activity or use conducted upon the premises acquired or improved
by the Agency with the City's CDBG funds changes within twenty (20) years from the date ofth:ls
Agreement; then the City of Auburn shall be entitled to reimbursement from the Agency. The amount of
reimbursement shall be equal to the current market value of the property, less any portion of the value
attributable to expenditures from non-CDBG funds for the acquisition or improvement to the property,
multiplied by the following ratios for each respective year. No reimbursement is required if the use or
ownership of the asset changes after twenty (20) years from above termination date.
e
Attachments - BG0511 3
'"'_......,~-,-- - ~..."._,--_. .".' - ._._..__._._._-----------_._-------_._------_._..._-~.--~.,-----_.._.-.._--,.._"
ATTACHMENT #4
Community Development Block Grant Contract - BG0511
Reporting Requirements and Recordkeeping
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 August 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.
ContinuedJailure to request reimbursement and submit required perfonnance reports will cause lne 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:
(d) Reimbursement Cover Sheet as supplied, showing Agency name, address, contact information, and budget
information;
(e) 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 aJlld will cause a
delay in the disbursement of funds.
Attachments - BG0511 4
__"'~_'n""'~'" _.--- --_....",.._,_....._.._.._,-,.,"._._-_.._~._--- ....-.-....---.
ATTACHMENT #5
Community Development Block Grant Contract - BG0511
AUBURN FOOD BANK FEASIBILITY STUDY
PROJECT TIME LINE
Part 1. Schedule by Task
COMPLETION DATE
ACTIVITIES I MILESTONES Projected Actual
1. Pre-Business Plan Analysis; September 30. 2005
..
2. Develop a Written Business Plan
-- conduct a planning session Ocotber 15.2005
-- identify planning elements October 30. 2005
-- prepare preliminary draft of plan November 15.2005
3, Finalize Business Plan & Distribute December 15. 2005
Part 2. COBG Expenditure Rate
CDBG Funds V ouchered
Projected Actual
fi;~~ ~~.~ '~l;,' I., ::~ '(".':< _ ~.'k. 0 0
", I
0 0
I 7.500
7.500
Attachments - BG0511 5
.-- ...._."~ _.,._'_.m~__"__M._.,. __.__._._.._,______ - -.-.--,..-"--.
ATTACHMENT #6
Community Development Block Grant Contract - BG0511
AUBURN FOOD BANK FEASIBILITY STUDY
SCOPE OF WORK
"
Planning Objective: To provide a facility feasibility analysis, key process analysis and written business plan
in order to ensure the best approach for the Auburn Food Bank to provide the required
(needed) services to the Auburn Area Community.Development of Written Business
Plan
Scope of Services: Pre-business Dlan analvsis (60 hours)
1. Review the current business plan - What has be done'so far
2. Analyze customer and organizational data
.':':- 3. Key process identification
. Key process breakdown
a.
b. Key process improvement analysis
4. Additional information gathering - surveys, benchmarking, best practices
DeveloD a written Business Dlan (60 hours)
1. Work with staff to prepare leadership planning sessions to create a business plan
2, Conduct planning session(s)
3. Establish clear vision, mission, core values, strategies and measurements
4. Complete a written business plan
a. Major elements of the business plan
1. Facility strategy
II. Marketing strategy
Ill. Fund raising strategy
Outcomes: 1. The Auburn Food Bank would have an improved understanding of what is
necessary to meet their customers' requirements.
2. The Auburn Food Bank would better tell its story and need requirements to those
who might provide their support.
3. The Auburn Food Bank would be able to meet the increasing needs of the Auburn
area community.
Measurements: 1. Identify number of customers served and project the estimated targc~t population for
the next 20 years. -
2. Identify the community members and businesses supporting the Food Bank and the
amount of their contributions.
3 Estimate the probability and scale of increased membership, business support,
contributions and donations over next 10 to 20 years.
Final Projects: 1. A written, strategic and quantifiable business plan
2. A written process to analyze expansion and/or relocation of the Auburn Food Bank
Attachments - BG0511 6
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