HomeMy WebLinkAboutAuburn Yough Resources BG1104
AGREEMENT
Between The
CITY OF AUBURN, WASHINGTON
AND
AUBURN YOUTH RESOURCES
THIS AGREEMENT, entered into this day of J-o rN , 2011, between the
City of Auburn, State of Washington (hereinafter referred to as the "City") and Auburn Youth
Resources (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 (HUD) 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 HUD regulations;
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 of RCW 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 of RCW 35.21.730 through RCW 35.21.755;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree
as provided for in this Agreement.
PART I GENERAL CONDITIONS:
1. Scope of Agreement
2. Scope of Project
3. Commencement and Termination of Projects
4. Administration
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5. Compensation and Method of Payment
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 REQUIREMENTS:
1. Procurement 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:
I. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
5. Reports
PART IV EXHIBITS
PART V ACCEPTANCE AND SIGNATURES
ATTACHMENTS:
ATTACHMENT #1: General Information
ATTACHMENT #2: Project Budget
ATTACHMENT #3: Special Conditions
ATTACHMENT #4: Records and Reporting
ATTACHMENT #5: Project Timeline/Performance Measurements
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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 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:
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
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, 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:
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
Administration. The Agency shall also designate one or more representatives who shall be
authorized to sign the Voucher Reimbursement Requests and Program Accomplishments
Forms. The names of the liaison and representatives shall be specified in the Attachment(s).
5. COMPENSATION AND METHOD OF, PAYMENT:
A. The City 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.
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)
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working days after the close of each calendar quarter-throughout the term of the 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 $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 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 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:
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 CDBG 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 project 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.
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
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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 port ion 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 I I.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 elected and
appointed officials, employees and agents from and against any and all claims, demands and/or
causes of action of any kind or character, whatsoever arising out of or relating to services
provided under this Agreement by the Agency, 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 the Agency, 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 Jo 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, personal injury,
death or property damage occurring or arising out of services provided under this Agreement,
which insurance shall cover such claims as may be occasioned by any act, omission, or
negligence of-the Agency 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 with the approval of the Agency.whi"ch 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
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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 coveragein an amount not less than the value of destructible contract work in place.
C. Proof of Insurance:
Certificate or certificates or other, evidence satisfactory to the City evidencing the existence and
terms and conditions, ofall 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 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 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 Agreement, and the
Agency shall take appropriate steps to assure compliance.
B. Interest of Contractor(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 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 the Agency and the City.
14. SUSPENSION AND TERMINATION:
A. This Agreement is subject to suspension or termination upon 30 days written notice by the City
should:
1. The Agency mismanage or make improper or unlawful use of CDBG funds;
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
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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 part, 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 arid shall be subject to extension only by mutual: agreement and amendment in
accordance with paragraph 9, Amendments, of this Part.
E. Upon termination of thisAgreement, 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.terminati on. occurs under paragraph A(l) of this section, the Agency shall
return to the City all funds which mere 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 REQUIREMENTS:
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 riot limited to
procedures for.competitive bidding, contractor's bonds, and RCW60.28.010, which addresses
retained percentages. In addition, the Agency shall comply with the requirements of the U.S.
Office of Management, and Budget Circular A-I 10 and/or A-102 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 $100,000 for competitive bidding shall apply only if the applicable State or local
standard for competitive bidding is greater than $100,000.
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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 HUD 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 NEPA, 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 1.960 (16 U.S.C. 469 et seq.), particularly section 3 (16 U.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,'l 977 (42 FR 26951 et seq.), particularly section 2(a); Executive Order 11990,
Protection of Wetlands, May 24, 19771(42 FR 2696.1 et seq.), particularly sections 2 and 5; The
Coastal Zone Management Act of 1972 (16 U.S.C: 145:1 et seq.) as amended, particularly
section 307(c) and (d) (16 U.S.C. 1456(c) and (d)); The Safe Drinking Water Act of 1974 (42
U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as amended, particularly section 1424(e) (42
U.S.C.300h-303(e)); The Endangered Species Act.of 1973 (16 U.S.C. 1531 et seq.) as
amended, particularly Section 7 (16 U.S.C. 1536); The Wild and Scenic Rivers Act of 1968 (16
U.S.C. 1,271 et seq.) as amended, particularly section 7(b) and (c) (16 U.S.C. 1,278(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 l2, 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 Environmental Policy Act, RCW chap. 43.21 C, 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 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, the Agency
is prohibited from taking any-discriminatory actions defined in the HUD Regulations at 24 CFR
570.602 (b) (1) 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:
1. The Agency 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 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, enrollment, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any facilities,
services or other benefit provided under the program or activity.
(vi) Deny any person any opportunity to participate in a program or activity as an
employee:
2. The Agency shall not utilize criteria or methods of administration which have the effect of
subjecting.individuals; to discrimination on the basis of race, .color, national origin, or sex,
or have the effect of defeating or substantially impairing accomplishment of the objectives
of the program 'or activity with respect to individuals of.a particular. race, color; national
origin, Pr 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, or subjecting
them to. discrimination on .the grounds of race, color, national origin, or sex; or which have
the purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of the Act or: of the HUD Regulations.
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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 VII; 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,. 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 pay or other forms of compensation, and
selection for training. (RCW chap: 49.60; Executive Order 1,1246 as amended).
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. (RCW 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 with the
-foregoing provisions; provided, that certificates of compliance shall not be required from.
firms and organizations with fewer than 25 employees or on contracts and/or yearly sales of
less than $10;000.
3.. To the greatest extent feasible, the 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 notbe 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 representative of the
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commitments made in these subsections.
2. In advertising for employees, goods or services for the activities under this Agreement, the
Agency shall comply with Attachment O to OMB Circular A-102 or A-110, 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
Certified Minority/Women's Business Enterprise Directory.
4. LABOR STANDARDS:
The Agency 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 U.S.C. 327
et seq.) as prescribed at 29 CFR Parts 1,3,5,6 and 7; provided that this section shall not apply to
rehabilitation of residential property designed for residential use by fewer than eight families.
5. PROPERTY MANAGEMENT:
A. The Agency 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 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-102, and/or
Attachment N to the U.S. Office of Management and Budget Circular No. A-110.
B. The Agency shall be responsible for all such property, including its care and maintenance at the
Agency's expense.
C. The Agency shall admit the City's property management officer to Agency's premises for the
purpose of marking such property, as appropriate, with City property tags.
D. The Agency shall meet the following procedural requirements for all such property:
1. Property records shall be maintained accurately and provide for: a description of the
property; manufacturer's serial number or other identification number; acquisition date and
cost; source of the property; percentage of CDBG 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.
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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 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`Cityof 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.
g. LEAD-BASED PAINT POISONING:
The Agency shall comply with the HUD Lead-Based Paint, Regulations (24 CFR Part 35) issued
pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. sections 4831 et seq.)
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 of OMB, 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-102:
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 - BG1104 12
standards for real property;
8. Attachment O, "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 of OMB 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-110:
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, ''1Vlonitoring 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."
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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 Agency activities. The Agency
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 Agency shall comply with the Federal
requirements described by 24 CFR Part 570, Sections 600 through 603; Section 605; and
Sections-607 through 612.
11. NONSUBSTITUTION FOR LOCAL FUNDING:
The CDBG funding made, available under this Agreement shall not be utilized by the 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 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 a property interest where the subject
project calls for the acquisition„ construction, reconstruction, rehabilitation, or installation of
lywith -current City
publicly owned facilities arid.improvements. The Agency, shall corp
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 - BG 1104 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
undersigned, to any person_for influencing or attempting to influence an officer or employee of
any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in'connection with the awarding of any-Federal contract, the making of
any Federal grant; the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Agency,.a Member of
Congress;, an officer or employee.of Congress, or an employee of aMember 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 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,
subgrants; and contracts under grants; loan s,-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 $100,000for 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 - BG 1104 14
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PART III. EVALUATION ANDRRECORID 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 AND 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
l authorized by law during the performance of-this AgreemenCand during the period of retention
specified in this Part'IlI.
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 Requirements:
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. REcoRm
All Agencies receiving Community Development Block Grant funds from the City shall
public audit for the City Community Development Block. Grant year in
maintain a certified
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 HUD 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-110. These records sha11 contain information
pertaining to grant awards and authorizations, obligations, unobligated balances, assets,
liabilities, outlays; and income.
Contract - BG 1104 15
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B. Relocation:
Agency record keeping must comply with the Uniform Act.implementing regulations at 24 CFR
Part'42.1ndication of the overall status of the relocation workload and a separate relocation
record for each person, business, organization, and farm operation displaced or in the relocation
workload must be kept.
C. Property 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,Jc) statement ofbasis`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 extent 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 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 Agency shall maintain such other records as may be required by HUD or the City.
Such records shall include, but shall not be limited to, a separate and current file for each
separate CDBG 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 if less than full time.
Contract - BG 1104 16
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.
Additionally, each project file shall include documentation on all persons who have benefited
from the project, as follows: residence status (Auburn resident, non-Auburn resident); income
status (below 30% of County Median, below 50% of County median, below 80% of County
median, above 80% of county median); ethnic status (white, black, American Indian or Alaskan
Native, Hispanic, Asian or Pacific Islander); and whether or not beneficiary is a member of a
female-headed household.
5. RETENTION OF RECORDS:
Required records shall be retained for a period of three (3) years after termination of this
Agreement, except as follows: (1) Records that are the subject of audit findings shall be
retained for three (3) years after such findings have been resolved. (2) Records for
nonexpendable property shall be retained for three (3) years after its final disposition.
Nonexpendable property is defined in Attachment N to U.S. Office of Management and Budget
Circular No. A-102, 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. Original Grant Application as submitted April 1, 2011.
B. Environmental Determination.
C. Contract Scope of Work, Completion Date, and Contact Information
Contract - BG 1104 17
CITY OF AUBURN
MAYOR
ATTEST: APP V ,AS TO FORM:
Danielle Daskain, Steven. Gross;
City Clerk Cit ttorney
AUBURN YOUTH RESOURCES.
~LAJ6 44k.)
TITLE: C Ec,~Ts d-E . 'p-yzacro
STATE OF WASHINGTON )
ss
COUNTY OF KING )
On this I q 44, day, of 110 , 2011, before me, the undersigned, a Notary Public in and for the State of
Washington,-personally appeared ~-11me6-R nchai , to me known to be
the Jk C fl✓P DAL' lof of Auburn Youth Resources, the non-profit corporation referenced as
Agency within the foregoing instrument, 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.
I NESS-WHEREOF I. have hereunto set my h nd-and affixed my official seal the date hereinabove set forth:
DEIF_THA R. WRIGHT
Notary Public
State of Washington NOTARY PUBLIC in and for the State
My Commission Expires',
May 31., 2014 of Washington, residing in 4t/" Gt)!~
MY COMMISSION expires:
Contract - BG 1104 18
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ATTACHMENT #1- BG1104
Community Development Block Grant Contract
General Information
PROJECT NO.: BG1104
TITLE: AYR Youth Drop-In Center
PROJECT SUMMARY: Create a suitable living environment by supporting AYR in acquiring a drop-
in resource center for-low-mod:youth in Les'Gove Community Campus.
ELIGIBILITY: 570.201(a)
NATIONAL OBJECTIVE: 570.208(a)(2) - Low/Mod Limited Clientele
CDBG APPROPRIATION $140,000
TYPE OF PROJECT: Acquisition
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PROJECT LOCATION: 915 H St SE-Auburn, WA 98002
SPECIAL CONDITIONS: See EXHIBIT #3: Special Conditions
TERMINATION DATE: December'31, 2016 + 1 year
CONTACT PERSON: Jim Blanchard
TITLE: Executive Director
MAILING ADDRESS: 816 F St SE-Auburn, WA 98002
'I PHONE/FAX NUMBER: 253-939-2202
E-MAIL: jamesbl(a,ayr4kids.org
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM:
NAME/TITLE Jim Blanchard, Executive Director
SIGNATURE
(optional) NAME/T LE
SIGNATURE
Attachments - BG1104 1
ATTACHMENT #2' , BG1104 -
Community Development Block Grant Contract
Projeei Budget
PROJECT NO.:.BG 1104 TITLE: Auburn Youth Resources
SUMMARYOF TASKS AND COSTS
Acquisition costs of facility at, 915 H St SE-Auburn; WA 98002
Allowable total to be deposited in escrow no more than three days prior to closing: $140,000
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Attachments - BG1104 . 2
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Attachment #3 - BG1104
Community Development Block Grant Contract
Special Conditions
1. Resolution #4710 In accordance with the legislative intent of the City Council as expressed in 2011 Annual
Action Plan Amendment adopted by Resolution #4710, the Agency must:
Create a suitable living environment by supporting a drop-in resource center for low-mod youth in Les Gove
Community Campus. {CDBG Eligible under 24CFR570.201(a))
2. Timely Progression of Project: 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 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 the AGENCY shall
terminate on December 31, 2016 + 1 year. In accordance with the terms of the Agreement, all unspent CDBG
funds at the time of termination shall lapse and return to the City of Auburn's CDBG fund.
5. Public Information: The stipulations of Section 13(13) 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 of this
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.
Expired Years Reimbursement Ratio
0 - 5 ears 100%
6 ears 90%
7 ears 80%
8 ears 70%
9 ears 60%
10 ears 50%
11-12 ears 40%
13-14 ears 30%
15-16 ears 20%
17- l 8 ears 10%
19-20 ears 5%
Attachments - BG 1104 3
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EXHIBIT #4
PROJECT TIME LINE
'BG1104
Part 1. Schedule, by Task
Milestones
Projected Actual
Allowable total to be deposited in escrow $140,000
no more than three days prior to :closing
AYR: to operate Drop''-In' Center program 50 youth annually
for at-risk; low-mod income'youth at, Les
Gove Community Campus,for 5 years + 1.
Part 2'. CDBG. Expenditure Rate
CDBG Funds Vouchered
Projected Actual
Allowable total`to be deposited, in escrow no $140,000
more than'three days prior to closing
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Attachments - BG1104 4