HomeMy WebLinkAboutCity of Kent-Housing RepairAGREEMENT
between the
CITY OF AUBURN, WASHINGTON
and the
CITY OF KENT, WASHINGTON
THIS AGREEMENT, entered into this ~ day of ~,~c~~ , 2003, between
the City of Auburn, State of Washington and the City of Kent, Statc~f Washington. ~
WHEREAS, The City of Auburn is an entitlement applicant for Community Development
Block Grant (CDBG) funds under the Housing and Community Development Act of 1974
(the Act), Pub. L. 93-383 as amended, and will receive CDBG funds for the purpose of
carrying out eligible community development and housing activities under the Act and under
regulations promulgated by the Department of Housing and Urban Development (HUD) at
24 CFR Part 570; and
WHEREAS~ The City of Auburn desires to award certain funds to the City of Kent for use as
described within this Agreement, for the purpose of implementing eligible activities under
the Act and HUD regulations; and
WHEREAS~ It is appropriate and mutually desirable that the City of Kent be designated by the
City of Auburn to undertake the aforementioned eligible activities, so long as the
requirements of the Act, HUD Regulations, State law and local law are adhered to, as
provided for herein; and
WHEREAS, The purpose of this Agreement is to provide for cooperation between the City of
Auburn and the City of Kent, in implementing such eligible activities in the manner
described herein; and
WHEREAS, The City of Auburn and the City of Kent are authorized pursuant to RCW
39.34.010 and RCW 39.34.030 to enter into interlocal agreements; and
WHEREAS, The Legislature has declared that carrying out the purposes of federal grants or
programs is both a public purpose and an appropriate function for a city, town, county, or
public corporation; and
WHEREAS, The provisions of RCW 35.21.730 through RCW 35.21.755, RCW 35.21.660,
RCW 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.
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
PART I GENERAL CONDITIONS:
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15.
PART II
2.
3.
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5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
PART III
Scope of Agreement
Scope of Project
Commencement and Termination of Projects
Administration
Compensation and Method of Payment
Failure to Perform
Operating Budget
Funding Alternatives and Future Support
Amendments
Assignment and Subcontracting
Hold Harmless and Indemnification
Insurance
Conflict of Interest
Termination
Reversion of Assets
FEDERAL~ STATE~ AND LOCAL PROGRAM REQUIREMENTS:
Procurement Standards
Environmental Review
Nondiscrimination
Labor Standards
Property Management
Acquisition and Relocation
National Flood Insurance
Lead-Based Paint Poisoning
Administrative Requirements and Cost Principles
Other Federal Requirements
Non-substitution for Local Funding
Public Ownership
Public Information
Lobbying
Religious Organizations
EVALUATION AND RECORD KEEPINC':
1. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
5. Reports
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
,PART IV EXHIBITS:
Exhibit #1:
Exhibit #2:
Exhibit #3:
Exhibit #4:
Exhibit #5:
General Information
Project Budget
Special Conditions
Records and Reporting
Project Timeline/Performance Measurements
PART V ACCEPTANCE AND SIGNATURES
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
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
recordkeeping requirements; each and every project Exhibit incorporated into the
Agreement; all matters and laws incorporated by reference herein; and any written
amendments made according to the general conditions. This Agreement supersedes any
and all former agreements applicable to projects attached as Exhibits to this Agreement.
2. SCOPE OF PROJECT:
The City of Kent shall use funds only to perform the activities set forth in the Exhibit(s)
attached hereto. In the case of multiple projects, each project shall correspond to a
separate Exhibit. This Agreement may be amended from time to time, in accordance
with the general conditions, for the purpose of adding new projects, amending the scope
of work, or for any other lawful purpose.
3. COMMENCEMENT AND TERMINATION OF PROJECTS:
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Upon release of project-related funds by HUD pursuant to 24 CFR Part 58, the City of
Auburn shall furnish the City of Kent with written notice to proceed. No work on a
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 Exhibits.
Costs incurred after the termination date will not be reimbursed unless the need for such
costs is beyond the control of the City of Kent. The termination date may be changed
through amendment of this Agreement.
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Upon termination of individual projects covered by this Agreement, the City of Kent
shall transfer to the City of Auburn any CDBG funds on hand at the time of termination
and any accounts receivable attributable to the use of CDBG funds.
4. ADMINISTRATION:
The City of Kent shall appoint a liaison who shall be responsible for overall
administration of CDBG funded project(s) and coordination with the City of Auburn's
Department of Planning and Community Development. The City of Kent shall also
designate one or more representatives who shall be authorized to sign the Voucher
Reimbursement Requests and Program Accomplishments Forms. The names of the
liaison and representatives shall be specified in the Exhibit(s).
5. COMPENSATION AND METHOD OF PAYMENT:
A. The City of Auburn shall reimburse the City of Kent only for the activities specified in
the Exhibits in an amount not to exceed the amount specified on Exhibit #1 -- "CDBG
APPROPRIATION." Reimbursement shall be based on a CDBG Voucher
Reimbursement Request and Program Accomplishments Form submitted and signed by
the City of Kent's authorized representative. Reimbursement is subject to the terms of
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
Section 6 of this Part I.
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The City of Kent shall submit a properly executed Voucher Reimbursement Request and
Program Accomplishments Form as frequently as desired, but at a minimum no later than
fifteen (15) working days after the close of each calendar quarter throughout the term of
the project. The City of Auburn will make payment to the City of Kent not more than
forty-five (45) working days after said Reimbursement Request is received and approved
by the City of Auburn. The City of Auburn will issue a statement of correction in the
event that the Voucher Reimbursement Request is erroneous. Payment does not
constitute absolute approval.
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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 of Auburn.
6. FAILURE TO PERFORM:
In the event of a failure to comply with any terms or conditions of this Contract or to
provide in any manner the activities or other performance as agreed to herein, the City of
Auburn reserves the right, following written notice to the City of Kent, to withhold all or
any part of payment, suspend all or part of the contract, or prohibit the City of Kent from
incurring additional obligations of funds until the City of Auburn is satisfied that
corrective action has been taken or completed as more specifically outlined in the
Exhibit(s) to this contract. The option to withhold funds is in addition to, and not in lieu
of, the City of Auburn's right to termination as provided in Section 14 of the General
Conditions of this Agreement.
7. OPERATING BUDGET:
The City of Kent shall apply the funds received from the City of Auburn under this
Agreement in accordance with the Budget Summary found on Exhibit #2. No line item
expense shall cause total expenditures charged to this Agreement to exceed the total
amount appropriated to the City of Kent by the City of Auburn as indicated in Exhibit #1
-- "CDBG APPROPRIATION."
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT'
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The City of Kent shall report all project income generated under this Agreement for the
purposes specified herein or generated through the project(s) funded under this
Agreement. Income that is not used to continue or benefit such project(s) shall revert to
the CDBG Fund for reallocation by the City of Auburn. The City of Auburn shall
determine whether income is being used to continue or benefit a project or projects
authorized by this Agreement. If the City of Auburn should authorize, the City of Kent
will comply with all provisions of this Agreement in expending such project income.
B. The City of Auburn makes no commitment to future support and assumes no obligation
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
for future support of the activities contracted herein, except as expressly set forth in this
Agreement.
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Should anticipated sources of revenue become unavailable to the City of Auburn for use
in the CDBG Program, the City of Auburn shall immediately notify the City of Kent in
writing and the City of Auburn will be released from all contracted liability for that
portion of the Agreement covered by funds not yet received by the City of Auburn.
9. AMENDMENTS:
Either party may request modifications in the scope of permissible activities, terms, or
conditions of this Agreement. Proposed modifications which are mutually agreed upon
shall be incorporated by written amendment to this Agreement. A written amendment
may affect a project or projects authorized by this Agreement or may be of general
application.
10. ASSIGNMENT AND SUBCONTRACTING'
A. The City of Kent shall not assign any portion of this Agreement without the written
consent of the City of Auburn, and it is further agreed that said consent must be sought in
writing by the City of Kent not less than fifteen (15) days prior to the date of any
proposed assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement and proper bidding procedures contained herein. The City of
Kent agrees that it is as fully responsible to the City of Auburn for the acts and omissions
of its subcontractors and their employees and agents, as it is for the acts and omissions of
its own employees and agents, as provided in paragraph 11.B.
11. HOLD HARMLESS AND INDEMNIFICATION'
A. The City of Kent agrees that it is financially responsible (liable) for any audit exception
or other financial loss to the City of Auburn which occurs due to its negligence or its
failure to comply with the terms of this Agreement.
B. The City of Kent further agrees to defend, indemnify and hold harmless the City of
Auburn, its elected and appointed officials, employees and agents from and against any
and all claims, demands and/or causes of action of any kind or character whatsoever
arising out of or relating to services provided under this Agreement by the City of Kent,
its employees, subcontractors, or agents for any and all claims by any persons for alleged
personal injury, death, or damage to their persons or property to the extent caused by the
negligent acts, errors or omissions of the City of Kent, its employees, agents,
subcontractors or representatives. In the event that any suit or claim for damages based
upon such claim, action, loss, or damages is brought against the City of Auburn, the City
of Kent shall defend the same at its sole cost and expense; provided that the City of
Auburn retains the right to participate in said suit if any principle of governmental or
public law is involved. The provisions of this section shall survive the expiration or
termination of this Agreement.
C. The City of Auburn further agrees to defend, indemnify and hold harmless the City of
Kent, its elected and appointed officials, employees and agents from and against any and
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
all claims, demands and/or causes of action of any kind or character whatsoever arising
out of or relating to services provided under this Agreement by the City of Auburn, 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 City of Auburn, its employees, agents,
subcontractors or representatives. In the event that any suit or claim for damages based
upon such claim, action, loss, or damages is brought against the City of Kent, the City of
Auburn shall defend the same at its sole cost and expense; provided that the City of Kent
retains the right to participate in said suit if any principle of governmental or public law
is involved. The provisions of this section shall survive the expiration or termination of
this Agreement.
12. INSURANCE:
The City of Kent, at its own cost, shall procure by the date of execution of this agreement
and maintain for the duration of the agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with performance
of work pursuant to this agreement by the City of Kent, its agents, representatives,
employees and/or subcontractors. The minimum limits of this insurance shall be
$1,000,000 general liability insurance combined single limit per occurrence for bodily
injury, personal injury, and property damage. Any deductible or self-insured retentions
shall be the sole responsibility of the City of Kent. Such insurance shall cover the City of
Auburn, its officers, employees, and agents as additional insured against liability arising
out of activities performed by or on behalf of the City of Kent pursuant to this agreement.
The City of Kent is a Municipal Corporation or an agency of the State of Washington and
is self-insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall constitute
compliance with this section.
13. CONFLICT OF INTEREST:
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Interest of Officers, Employees, or Agents:
No officer, employee, or agent of the City of Auburn or City of Kent who exercises any
functions or responsibilities in connection with the planning and carrying out of the City
of Auburn CDBG Program, or any other person who exercises any functions or
responsibilities in connection with the City of Auburn, shall have any personal financial
interest, direct or indirect, in this Agreement, and the City of Kent shall take appropriate
steps to assure compliance.
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Interest of Contractor(s) and Their Employees:
The City of Kent agrees that it will incorporate into every subcontract required to be in
writing, and made pursuant to this Agreement, the following or equivalent provisions:
The Contractor covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Program, has any
personal financial interest, direct or indirect, in this Contract. The Contractor
further covenants that he or she presently has no interest and shall not acquire
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
any interest, direct or indirect, which would conflict in any manner or degree
with the performance of services hereunder. The Contractor further covenants
that in the performance of this Contract no person having any conflicting
interest shall be employed. Any such interest on the part of the Contractor or
the Contractor's employees must be disclosed to the City of Kent and the City
of Auburn.
14. TERMINATION:
A. This Agreement is subject to termination upon thirty (30) days written notice by the City
of Auburn should:
1. The City of Kent mismanage or make improper or unlawful use of CDBG funds;
2. The City of Kent fail to comply with the terms and conditions expressed herein or the
applicable regulations and directives of the Federal Government, State, or City of
Auburn;
3. CDBG funds become no longer available from the Federal Government or through
the City of Auburn;
4. The City of Kent fail to carry out activities expressed by this Agreement; or
5. The City of Kent fail to submit reports or submit incomplete or inaccurate reports in
any material respect.
B. This Agreement is subject to termination upon 30 days written notice by the City of Kent
should:
1. The City of Auburn fail in its commitment under this Agreement to provide funding
for services rendered, as herein provided; or
2. CDBG funds become no longer available from the Federal Government or through
the City of Auburn.
C. This Agreement may be terminated at any time, in whole or in part, upon the written
agreement of the City of Auburn and the City of Kent.
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Otherwise this Agreement shall terminate on the termination date specified on Exhibit #1
attached hereto and shall be subject to extension only by mutual agreement and
amendment in accordance with paragraph 9, Amendments, of this Part I.
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Upon termination of this Agreement, any unexpended balance of the CDBG funds
awarded through this Agreement shall lapse and remain in the City of Auburn's CDBG
fund.
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In the event that termination occurs under paragraph A(1) of this section, the City of Kent
shall return to the City of Auburn all funds which were expended in violation of the terms
of this Agreement.
15. REVERSION OF ASSETS:
Upon expiration of this Agreement, the City of Kent shall transfer to the City of Auburn
any City of Auburn CDBG funds on hand at the time of expiration any accounts
receivable attributable to the use of City of Auburn CDBG funds.
In the event that the City of Kent ceases to use any asset acquired or improved with
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
CDBG funds for the purpose described in this Agreement, within five (5) years following
the termination of this agreement, the City of Kent shall pay to the City of Auburn the
fair market value of the asset less any portion of the value attributable to expenditures of
non-CDBG funds.
PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS:
1. PROCUREMENT STANDARDS:
In awarding contracts pursuant to this Agreement, the City of Kent shall comply with all
applicable requirements of local and State law for awarding contracts, including but not
limited to procedures for competitive bidding, contractor's bonds, and RCW 60.28.010,
which addresses retained percentages. In addition, the City of Kent shall comply with the
requirements of the U.S. Office of Management and Budget Circular A- 110 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.
2. ENVIRONMENTAL REVIEW:
A. National Environmental Policy Act:
The City of Auburn retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR Part 58). The City of Auburn may require
the City of Kent to furnish data, information and assistance for the City of Auburn's
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(0); Executive Order 11593, Protection
and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.),
particularly section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. 469 et seq.),
particularly section 3 (16 U.S.C. 469a-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 U.S.C. 201,300(0 et
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
seq., and 21 U.S.C. 349) as amended, particularly section 1424(e) (42 U.S.C. 300h-
303(e)); The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. 1536); The Wild and Scenic Rivers Act of 1968 (16
U.S.C. 1271 et seq.) as amended, particularly section 7(b) and (c) (16 U.S.C. 1278(b) and
(c)); The Clean Air Act (42 U.S.C. 7401 et seq.) as amended, particularly section 176(c)
and (d) (42 U.S.C. 7506(c) and (d)); and HUD environmental standards (24 CFR Part 51,
Environmental Criteria and Standards (44 FR 40860-40866, July 12, 1979).
C. State Environmental Policy Act:
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Agencies which are branches of government under RCW 43.21C.030 retain
responsibility for fulfilling the requirements of the State Environmental Policy Act, Ch.
43.21C RCW, and regulations and ordinances adopted thereunder. (If the Agency is not a
branch of government under RCW 43.21C.030, the City of Auburn may require the
Agency to furnish data, information, and assistance as necessary to enable the City of
Auburn to comply with the State Environmental Policy Act.)
Satisfaction of Environmental Requirements:
Project execution under this Agreement by either the City of Auburn or the City of Kent
shall not proceed until satisfaction of all applicable requirements of the National and
State Environmental Policy Acts. A written notice to proceed will not be issued by the
City of Auburn until all such requirements are complied with.
3. NONDISCRIMINATION:
A. General:
The City of Kent shall comply with all Federal, State and local laws prohibiting
discrimination on the basis of age, sex, marital status, race, creed, color, national origin
or the presence of any sensory, mental or physical handicap. These requirements are
specified in Ch. 49.60 RCW; 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 City of Kent 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).
C. Fair Housing:
The City of Kent shall take necessary and appropriate actions to prevent discrimination in
Federally assisted housing and lending practices related to loans insured or guaranteed by
the Federal government. (Civil Rights Act of 1968, Title VII; Executive Order 11063).
D. Employment:
In all solicitations under this Agreement, the City of Kent shall state that all qualified
applicants will be considered for employment. The words "equal opportunity
employer" in advertisements shall constitute compliance with this section.
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
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2. The City of Kent shall not discriminate against any employee or applicant for
employment in connection with this Agreement because of age, sex, marital status,
race, creed, color, national origin, or the presence of any sensory, mental, or physical
handicap, except when there is a bona fide occupational limitation. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training. (Ch. 49.60 RCW; Executive
Order 11246 as amended).
3. To the greatest extent feasible, the City of Kent shall provide training and
employment opportunities for lower income residents within the area served by
CDBG assisted projects (Section 3, Housing and Urban Development Act of 1968, as
amended).
Contractors and Suppliers:
1. No contractor, subcontractor, ufiion 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. (Ch. 49.60 RCW; Executive Order 11246 as
amended).
2. All firms and organizations described above shall be required to submit to the City of
Kent certificates of compliance demonstrating that they have, in fact, complied with
the foregoing provisions; provided, that certificates of compliance shall not be
required from firms and organizations with fewer than twenty-five (25) employees or
on contracts and/or yearly sales of less than $10,000.
3. To the greatest extent feasible, the City of Kent shall purchase supplies and services
for activities under this Agreement from vendors and contractors whose businesses
are located in the area served by CDBG funded activities or owned in substantial part
by project area residents. (Section 3, Housing and Urban Development Act of 1968,
as amended.)
4. CDBG funds shall not be used directly or indirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or subrecipient during any
period of debarment, suspension, or placement in ineligibility status under the
provisions of 24 CFR Part 24.
Notice:
1. The City of Kent shall include the provisions of the appropriate subsections A, B, C,
D, and E of this section 3 entitled "Nondiscrimination" in every contract or purchase
order for goods and services under this Agreement and shall send to each labor union
or representative of workers with which it has a collective bargaining agreement or
other contract or understanding a notice advising the said labor union or worker's
representative of the commitments made in these subsections.
2. In advertising for employees, goods or services for the activities under this
Agreement, the City of Kent 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
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
firms. Agencies shall be considered to be in compliance with this provision if at least
one (1) 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.
LABOR STANDARDS:
The City of Kent shall require that project construction contractors and subcontractors
pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act,
as amended (40 U.S.C. sections 276(a)-276(a)(5)), and that they comply with the
Copeland "Anti-Kickback" Act (40 U.S.C. 276(c)) and the Contract Work Hours and
Safety Standards Act (40 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 (8) families.
PROPERTY MANAGEMENT:
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The City of Kent agrees that any non-expendable personal p~-operty (capital equipment),
purchased wholly or in part with project funds at a cost of $300 (three hundred dollars) or
more per item, is upon its purchase or receipt the property of the City of Auburn and/or
Federal government. Final ownership and disposition of such property shall be
determined under the applicable provisions of Attachment N to the U.S. Office of
Management and Budget Circular No. A-102, and/or Attachment N to the U.S. Office of
Management and Budget Circular No. A- 110.
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The City of Kent shall be responsible for all such property, including its care and
maintenance at the City of Kent's expense until possession of the property is transferred
to the City of Auburn or other entity as required by law.
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The City of Kent shall admit the City of Auburn's property management officer to the
City of Kent's premises for the purpose of marking such property, as appropriate, with
City of Auburn property tags.
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The City of Kent shall meet the following procedural requirements for all such property:
1. Property records shall be maintained accurately and provide for: a description of the
property; manufacturer's serial number or other identification 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.
Adequate maintenance procedures shall be implemented to keep the property in good
condition.
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AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
6. ACQUISITION AND RELOCATION-
A. Any acquisition of real property by the City of Kent 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.
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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.
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Any displacement of persons, businesses, nonprofit organizations, or farms occurring as
the result of acquisition of real property assisted under this Agreement shall comply with
the Uniform Act, the Regulations at 24 CFR Part 42, and the City of Auburn's
Displacement Policy required by Federal CDBG regulations at 24 CFR 570.305. The
City of Kent shall comply with the Regulations pertaining to costs of relocation and
written policies, as specified by 24 CFR 570.602 (c) and (d).
7. NATIONAL FLOOD INSURANCE:
To the extent indicated by 24 CFR 570.605, the City of Kent shall comply with the flood
insurance purchase requirements of Section 202(a) of the Flood Disaster Protection Act
of 1973. (42 U.S.C. 4001 et seq. and the Federal regulations issued thereunder). The City
of Kent shall comply with the Regulations at 24 CFR section 570.605.
8. LEAD-BASED PAINT POISONING:
The City of Kent shall comply with the HUD Lead-Based Paint Regulations (24 CFR
Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
sections 4831 et 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. Since the City of Kent is a governmental entity, the City of Kent 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 D ' ' "
epos~tones, 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;
13
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
6. Attachment J, "Grant Payment Requirements;"
7. Attachment N, "Property Management Standards," except for Paragraph 3 concerning
the standards for real property;
Attachment O, "Procurement Standards;" and
Attachment P, "Audit Requirements."
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, "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 O, "Procurement Standards."
o
9.
B. If
10. OTHER FEDERAL REQUIREMENTS:
The absence or mention in this Agreement of any other Federal requirements which apply
to the award and expenditure of the Federal funds made available by this Agreement is
not intended to indicate that those Federal requirements are not applicable to City of Kent
activities. The City of Kent shall comply with all other Federal requirements relating to
the expenditure of Federal funds, including but not limited to: The Architectural Barriers
Act of 1968 (42 U.S.C. 4151), and the Hatch Act (5 U.S.C. Chapter 15). Additionally, the
City of Kent shall comply with the Federal requirements described by 24 CFR Part 570,
Sections 600 through 603; Section 605; and Sections 607 through 612.
11. NONSUBSTITUTION FOR LOCAL FUNDING:
The CDBG funding made available under this Agreement shall not be utilized by the City
of Kent to reduce substantially the amount of local financial support for community
development activities below the level of such support prior to the availability of funds
under this Agreement.
12. PUBLIC OWNERSHIP:
For Agencies which are not municipal corporations organized under the laws of the State
of Washington, it may become necessary to grant the City of Auburn a property interest
where the subject project calls for the acquisition, construction, reconstruction,
rehabilitation, or installation of publicly owned facilities and improvements. The City of
Kent shall comply with current City of Auburn 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
14
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
to projects funded under this
Agreement, the City of Kent shall include information identifying the source of funds as
the City of Auburn CDBG Program.
Bo
For all construction projects the City of Kent shall erect a sign to City of Auburn
specifications at the construction site, identifying the source of funds, except that this
requirement may be waived-for construction projects of $100,000 or less.
Co
The City of Kent acknowledges that this Agreement and any other information provided
by it to the City of Auburn and/or relevant to the Project(s) described in the Exhibit(s) are
subject to the Washington State Public Disclosure Act, Chapter 42.17 RCW.
14. LOBBYING:
The City of Kent certifies, to the best of its knowledge and belief, that:
mo
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.
Bo
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
Co
The City of Kent shall require that the language of this certification, or equivalent
language, be included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
15. RELIGIOUS ORGANIZATIONS:
The City of Kent will comply with all federal requirements concerning religious
organizations and the use of CDBG funds. All services delivered must be dispensed in a
clearly non-sectarian manner, devoid of any religious influence.
15
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
,pART III. EVALUATION AND RECORD KEEPING:
1. GENERAL:
The City of Kent agrees to maintain records and provide reports as listed in Exhibit #4 of
this Contract, and as defined in this Part, below.
2. EVALUATION:
The City of Kent agrees to participate with the City of Aubum in any evaluation project
or performance report, as designed by the City of Auburn or the appropriate Federal
Agency, and to make available all information required by any such evaluation process.
3. AUDITS AND INSPECTIONS:
The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City of Aubum, Federal or
State officials so authorized by law during the performance of this Agreement and during
the period of retention specified in this Part III.
A. Audits:
The City of Kent will provide at or before the contract signing a copy of the City of
Kent's most recent audit. The City of Kent will provide to the City of Auburn a copy of
the City of Kent's most recent audit for each year in which a contract for the use of funds
exists with the City of Auburn. Failure to provide such audit will be considered a material
breach of the contract and result in a refund to the City of Auburn of all moneys paid or
due under the contract.
Bo
Audit Requirements:
Agencies receiving $300,000 or more in federal funds will provide to the City of Auburn
the above required audits conducted in a manner pursuant to OMB Circular A-133.
4. RECORDS:
All Agencies receiving CDBG funds from the City of Aubum shall maintain a certified
public audit for the CDBG year in which the funds are awarded and through each
Community Development Block Grant year or portion thereof, in which the funds are
used or a contract exists between the City of Kent and the City of Auburn. As required by
HUD Regulations, 24 CFR Part 570, the City of Kent shall compile and maintain the
following records:
A. Financial Management:
Such records shall identify adequately the source and application of funds for 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 shall contain
information pertaining to grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays, and income.
16
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
B. Relocation:
City of Kent recordkeeping must comply with the Uniform Act implementing regulations
at 24 CFR Part 42. Indication of the overall status of the relocation workload and a
separate relocation record for each person, business, organization, and farm operation
displaced or in the relocation, workload must be kept.
C. Property Acquisition:
City of Kent files must contain a separate acquisition file for each acquisition process
documenting compliance with the implementing regulations for the Uniform Act at 24
CFR Part 42. Major requirements include: (a) invitation to owner to accompany appraiser
during inspection, (b) at least one property appraisal, (c) statement of basis for
determination of just compensation, (d) written offer of just compensation, (e) all
documents involving conveyance, (f) settlement cost reporting statement, and (g) notice
to surrender possession of premises.
D. Equal Opportunity:
The City of Kent shall maintain racial, ethnic, and gender data showing the extent to
which these categories of persons have participated in, or benefited from, the activities
carried out under this Agreement. The City of Kent shall also maintain data which
records its affirmative action in equal opportunity employment, and its good-faith efforts
to identify, train, and/or hire lower-income residents of the project area and to utilize
business concerns which are located in or owned in substantial part by persons residing in
the area of the project.
E. Labor Standards:
Records shall be maintained regarding compliance of all contractors performing
construction work under this Agreement with the labor standards made applicable by
24 CFR 270.603 and any State labor standards, as applicable.
F. Miscellaneous Records:
The City of Kent shall maintain such other records as may be required by HUD or the
City of Auburn.
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 attached to this
Agreement), containing copies of originals of the following:
1. Grant Award Letter.
2. Notice to Proceed and/or equivalent written approval from City of Auburn.
3. Project or program related authorizations, motions, resolutions or meeting minutes of
the City of Kent's governing body.
4. Contract Exhibit and any amendments thereto.
5. This Agreement and any amendments thereto.
6. Voucher reimbursement requests and program accomplishment forms.
7. Bills for payment.
8. Approved vouchers and warrants.
9. Where CDBG funds will support City of Kent staff salary and/or fringe benefit costs,
17
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
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.
10. Where CDBG funds will be used to offset the cost of communications, travel and
office supplies, and where these costs are shared with other programs and no invoice
is available, documentation such as log sheets (for copy machine use, odometer
readings, etc.). As an alternative, annotated invoices may be used to document
charges as apprOpriate.
11. 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.
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.
REPORTS:
The City of Kent shall submit such reports as required by the City of Auburn at such
times as required by the City of Auburn. Notwithstanding any other provision of this
Agreement to the contrary, the reports required by the City of Auburn shall be submitted
by the City of Kent no less than on an annual basis. Such reports shall also be submitted
prior to project completion.
18
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
PART IV. EXHIBITS
The following exhibits are incorporated herein by reference
A. Original Grant Application as submitted May 2, 2002.
B. Environmental Determination.
C. Contract Scope of Work, Completion Date, and Contact Information
PART V. ACCEPTANCE AND SIGNATURES:
The parties hereto agree and accept the terms, conditions, covenants and all matters and laws
incorporated by reference herein and therefore cause their hands to affix their signatures as
evidence to their acceptance of this Agreement before their designated witnesses and/or notaries.
MA~OR
AT-TEST: ,, , /
D a'i~lle Daskam,
City Clerk
Mff/Y O R
ATTEST:
Brenda Jacober,
City Clerk
City Attorney
(Notary Acknowledgments Appear on Following Page)
19
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
',, 5.' o;;' ::
STATE OF WASH~YO~'''~ )
) ss
GOUTY OF K~G )
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ~_~_~_~ day of ~/7/-c~,/~ , 2003, before me, the undersigned, a Notary Public in and for the
State of Washington, personal~y a~eare~ //C7~7)~/~ t~, o~e..q/tfl~ ,tome
known to be the ~_~ ~- ]~'~-? of the City of Auburn, a municipal corporation in
the State of Washington, and ac~owledged 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 hereuntoset my hand and affixed my official seal the date hereinabove set forth.
Z',y"' ........ .' tI
OVAUV eumc in
of Washington, residing in (~L/.~,/~/d
MY COMMISSION expires: -~,'~ 2
On this c~.f/%ayof f,~~,2003, beforeme, the undersigned, a Notary t?ublic in and for the
State of Washington, personally appeared ~-'/-~ - / ~' ~'~ ~ ~J~o me
~own to be ~e ~~e2 of the City of Kent, a municipal corporation in the
State of Washington, and a~wledged said ins~ment to be the free and volunta~ act ~d deed of said non-profit
co~oration for ~e uses and pu~oses ~erein mentioned, and on oa~ s~ted ~at he/she is authorized to execute said
ins~ment on behalf of said non-profit co~oration.
IN WI~ESS W~'~[ have hereunt° set mY ~~~~eal the date hereinabove set fo~h.~. WHl~X'h
/ ,,,,,
~ [~ ~OTAR~ ~k ~ NOT~P~LIC in and fo~ the Statg
P:\Civil~l LES~Op~nFiles~ 105.2003~lnterlocalAg~cmem. H o meRepairServic~.doc
20
AGREEMENT BETWEEN CITY OF AUBURN AND
THE CITY OF KENT FOR HOME REPAIR SERVICES
Insurance Authority
05-Aug-03
, U6 0 6 2603
4UMAN RESOURC, F-~
CiTY OF KENT
City of Auburn
Attn: Shirley Aird
25 W. Main Street
Auburn,WA 98002
Cert#: 3267
P.O. Box 1165
Renton, WA 98057
Phone: 425-277-7237
Fax: 425-277-7242
City of Kent
Interlocal Agreement for minor home repairs for low & moderate
income people, using Community Development Block Grant funds.
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 106 municipal corporations in the State of
Washington.
WCIA has at least $1 million per occurrence combined single limit of liability coverage
in its self insured layer that may be applicable in the event an incident occurs that is
deemed to be attributed to the negligence of the member.
WCIA is an Interlocal Agreement among munidipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not
an insurance company, your organization cannot be named as an "additional insured'.'
Sincerely,
Eric B. Larson
Assistant Director
cc: Christopher Hills
Katherin Johnson
cletter
EXHIBIT #1
Community Development Block Grant Contract
General Information
PROJECT NO.:
TITLE:
PROJECT SUMMARY:
ELIGIBILITY:
NATIONAL OBJECTIVE:
CDBG APPROPRIATION:
TYPE OF PROJECT:
PROJECT LOCATION:
SPECIAL CONDITIONS:
TERMINATION DATE:
CONTACT PERSON:
BG 0306
City of Auburn Housing Repair Program
Loans and grants for repair of low income, owner-occupied, single
family homes.
24CFR 570.202 - Low/Mod Limited Clientele
Low/Moderate Income Housing
$150,000
Capital
City-wide
See EXHIBIT #3: Special Conditions
December 31, 2003
Katherin Johnson
TITLE: Human Services Manager
MAILING ADDRESS: 220 4th Ave. S., Kent, WA 98032
PHONE NUMBER: 253-856-5070
FAX NUMBER: 253-856-6070
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM
ACCOMPLISHMENTS FORM:
NAME/TITLE ~n Human Services Mana er
SIGNATURE ~ ,
(optional) NAME/TITLE Community Service Director
SIGNATURE
EXHIBIT//2
Community Development Block Grant Contract
Project Budget
PROJECT NO.: BG 0306 TITLE: City of Auburn Housing Repair
ISUMMARY OF TASKS AND COSTS
PERSONNEL COSTS
List Employees by Position Title
Home Repair Supervisor
Home Repair Specialist
Home Repair Specialist
Home Repair Worker
Fringe Benefits( taxes, benefits)
Category Total
(Should be the same as No. 1 in
Budget Detail)l
Annual
Salary
57,408
41,760
45,984
39,672
0
1 ~568
0
0
202,392
Percent of
Time to
Project
20%
70%
20%
10%
Item Total
11,482
29,232
9,197
3,967
0
1~568
0
0
71,446
(continued)
EXHIBIT #2 (CONTINUED)
Community Development Block Grant Contract
Project Budget
BUDGET DETAIL
Column A Column B Column C
Cost Categories Total Budget CDBG Other Non-
Item Funds CDBG Funds
-- Personnel Costs 71,446 71,446
-- Office/Operating Supplies 15,074 15,074
-- Consultant or Purchased Services 0 0
-- Construction Contracts/Real
Property Acquisition 38,000 38,000
-- Communications and
Advertisements 400 400
-- Travel and/or Training 0 0
-- Intra-Agency Support {i.e.
administrative overhead} 15,000 15,000
-- Capital Outlay - Construction 0 0
-- Other (Detail) (Vehicle Rental) 10,080 10,080
Total Project Costs
{Note: Column A must equal sum
of Column B and C)
150,000 150,000 -0-
Column A Column B Column C
Source of Funds Total City of Auburn Other Sources
-- City of Auburn CDBG Funds 150,000 150,000
-- City of Auburn General Funds
-- Other Funds:
Grand Total
{Note: Column A must equal sum
of Column B and C)
150,000 150,000
EXHIBIT #3
Community Development Block Grant Contract
Special Conditions BG # 0306
1. Ordinance #5698: In accordance with the legislative intent of the City Council as expressed in CDBG
Budget Ordinance #5698, the Agency must:
[Provide] Grants of less than $4,000 for necessary repairs and renovation of single family homes owned and
occupied by Iow and moderate income households at various locations throughout Auburn as follows.
(a) City of Auburn Responsibilities:
The Department of Planning and Community Development Department of the City of Auburn shall be
responsible for the following project-related activities.
· program publicity
· maintenance of program regulations, including income eligibility standards
· provision and updating of program application form(s)
· client intake and eligibility determination
· flood plain and insurance requirements, if any
· maintenance of individual client files which include application, proof of income and ownership,
and notification of completion of work, processing and recording of any necessary loan documents
(b) City of Kent Responsibilities:
City of Kent staff shall be responsible for the following project-related activities.
· construction need assessment
· work orders
· contractor bid documents and bid process, if necessary
· hiring and payment of contractors
· liaison between client and contractors
· inspection upon completion of work
(c) Payments, Reimbursement
· City of Kent Staff are responsible for all payment of contractors
· City of Kent shall submit a monthly reimbursement request to the City of Auburn, and shall include
with that request a statement of projects completed, projects in progress, amount of grant spent in
billing period, total amount spent to date, and amount of grant remaining
2. Timely Progression of 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 Exhibit #5, Project Time Line.
3. Limitations on Expenditures and Adiustments: In the event that the City receives less CDBG revenues than
originally estimated in the CDBG budget ordinance, the Agency will receive a proportionately equal
reduction in its appropriation relative to the total decrease in total CDBG revenues. The amount of CDBG
funds available to the Agency is stipulated in the "Notice of Grant Award." If the amount CDBG funds
available to the Agency is less than appropriated; then the City will notify the Agency in writing when
additional CDBG funds become available.
4. Termination of the Contract: This Agreement between the CITY OF AUBURN and the CITY OF KENT
shall terminate on December 31, 2003. 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(B) of the Agreement regarding the placement of sign(s)
identifying the source of funds is hereby waived.
4
EXHIBIT//4
Reporting Requirements and Recordkeeping - BG # 0306
1. Reimbursement Schedule:
(a) The Agency must submit a request for reimbursement at least once a quarter and may submit such a
request on a monthly basis, beginning with the date of this Agreement, and applicable to all costs
incurred toward this grant beginning January 1, 2003.
(b) Failure to submit a quarterly request for reimbursement in accordance with Part 1, Section 5 of this
Agreement may cause the City to consider the Project abandoned and the CDBG funds made available
for re-appropriation. Continued failure to request reimbursement and submit required performance
reports will cause the City to take corrective action as it deems necessary.
(c) The City shall reimburse the Agency for its expenses incurred implementing this Agreement within the
forty-five (45) days following the receipt of a Voucher Reimbursement Request.
2. Required Contents of Reimbursement Request:
(a) Reimbursement Cover Sheet as supplied, showing Agency name, address, contact information, and
budget information;
(b) Accomplishments data sheet as supplied for the Agency, showing how the Agency has progressed
toward its goals as set forth in Exhibit #5.
(c) Failure to properly submit a reimbursement request, through the omission of the above-required items or
through material omissions within those documents, will cause the request to be returned to the Agency
and will cause a delay in the disbursement of funds.
EXHIBIT #5
PERFORMANCE MEASUREMENTS
BG # 0306
Part 1. Schedule by Task
Milestones
(Projected Number of Units)
Loans/Grants Identified by City - Major Repairs
Loans/Grants Identified by City - Minor Repairs
Current Projects
Completed Units
Quarters
1 st 2nd 3rd 4th
3 3 6 3
1 O0 1 O0 1 O0 1 O0
(Actual Number of Units)
Loans/Grants Identified by City
Current Projects
Completed Units
Part 2. CDBG Expenditure Rate
1st Quarter (1/1 - 3/31)
2"d Quarter (4/1 - 6/30)
3rd Quarter (7/1 - 9/30)
4th Quarter (10/1 - 12/31)
CDBG Funds Vouchered
Pr~ected
34,12~
34,125
34,125
34,125
Actual