HomeMy WebLinkAbout2024, BG-2401a, Housing Stability Project, Solid GroundCity of Auburn Agreement: BG-2401, Solid Ground - Housing Stability Project
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AGREEMENT BETWEEN THE
CITY OF AUBURN, WASHINGTON
AND SOLID GROUND
THIS AGREEMENT made and entered by and between Solid Ground, a Washington
Public Benefit Corporation ("Agency") and the City of Auburn ("City"). The parties agree as
follows:
RECITALS:
1. The City is an entitlement recipient 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 is eligible to receive CDBG funds for the purpose of carrying out community
development and housing activities authorized under the Act and under regulations promulgated
by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570.
2. The Washington State Legislature has declared in RCW 35.21.735 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.
3. The City wishes to contract with the Agency for the services described in this
Agreement, for eligible activities under the Act, and HUD Regulations.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the parties agree
as follows:
PART I GENERAL CONDITIONS:
1. Scope of Agreement
2. Scope of Project
3. Commencement and Termination of Projects
4. Administration
5. Compensation and Method of Payment
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
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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 Ill EVALUATION AND RECORD KEEPING:
1. General
2. Evaluation
3. Audits and Inspections
4. Records
5. Retention of Records
6. Reports
PART IV EXHIBITS:
1. Original Grant Application as submitted April 2022.
2. Environmental Determination.
3. Contract Scope of Work, Completion Date and Contact Information.
PART V ACCEPTANCE AND SIGNATURES:
ATTACHMENTS:
ATTACHMENT #1:
ATTACHMENT #2:
ATTACHMENT #3:
ATTACHMENT #4:
ATTACHMENT #5:
General Information
Project Budget
Special Conditions
Records and Reporting
Project Timeline/Performance Measurements
PART I. GENERAL CONDITIONS:
1. SCOPE OF AGREEMENT:
The Agreement between the parties consists 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 in the Agreement;
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 will provide housing stability services to residents of the City of Auburn. This
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Agreement and compensation to the Agency is specifically and expressly dependent
upon the City receiving an allocation of CDBG funds to pay for some or all of the
services provided by the Agency. This Agreement may be amended only by prior written
agreement of the Parties.
3. COMMENCEMENT AND TERMINATION OF PROJECTS:
A. When it is notified by HUD that funds will be released, the City will furnish the Agency
with written notice to proceed. No work on a project will 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 will
transfer to the City any CDBG funds received in advance of thetermination and any
accounts receivable attributable to the use of CDBG funds.
4. ADMINISTRATION:
The Agency will appoint a liaison who shall be responsible for overall administration of
CDBG funded project(s) and coordination with the City of Auburn's Community Services
Division. 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 will be specified
in the Attachment(s).
5. COMPENSATION AND METHOD OF PAYMENT:
A. The City will reimburse the Agency from CDBG funds only for the activities specified in
the Attachments in an amount not to exceed the amount specified on Attachment #1 --
"CDBG APPROPRIATION".
B. The Agency shall submit a properly executed Voucher Reimbursement Request,
Program Accomplishments Form, and Demographics Report as frequently as requested
by the City, 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 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 final approval of the work performed.
C. Any reimbursement must comply with conditions of Letter of Credit Procedure
Regulations 1900.23 (Revised) in that funds on hand should not exceed $5,000.00 if
retained beyond three (3) days and that any reimbursement in excess of the amount
required must be returned to the City.
6. FAILURE TO PERFORM:
If the Agency fails to comply with any terms or conditions of this Contract or to provide in
any manner the activities or other performance as agreed to, the City reserves the right,
following written notice to the Agency, to withhold all or any part of payment, suspend all
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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 will apply the funds received from the City under this Agreement in
accordance with the Budget Summary found on Attachment #2. No line item expense
may 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 will report all project income generated under this Agreement for the
purposes specified in this Agreement or generated through the project(s) funded under
this Agreement. Income that is not used to continue or benefit such project(s) will revert
to the CDBG Fund for reallocation by the City. The City will 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 to expend the project income, 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 for in this Agreement, 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 will 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 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 will not assign any portion of this Agreement without the prior 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 under this Agreement will be subject to
each provision of this Agreement and proper bidding procedures. 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
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and agents.
11. HOLD HARMLESS AND INDEMNIFICATION:
A. The Agency agrees that it is financially responsible 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. Agency shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the Agency
in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
C. If a court of competent jurisdiction determines that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Agency and the City, its officers, officials, employees, and volunteers, the Agency's
liability, including the duty and cost to defend, hereunder shall be only to the extent of
the Agency's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Agency's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
12. INSURANCE:
A. The Agency shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Agency, its agents,
representatives, or employees.
B. The Agency's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Agency to the coverage provided by such insurance,
or otherwise limit the City's recourse to any remedy available at law or in equity.
C. The Agency shall obtain insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and advertising
injury. The City shall be named as an additional insured under the Agency's
Commercial General Liability insurance policy with respect to the work performed
for the City using an additional insured endorsement at least as broad as ISO CG
20 26.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
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3. Professional Liability insurance appropriate to the Agency's profession.
Professional liability shall include coverage for its employees and officers and all
contractors, volunteers and individuals performing professional services for the
Agency. This requirement may be met instead by a combination of the Agency's
professional liability insurance and professional liability insurance of all others
performing services for the Agency in the minimum amounts shown below.
4. Network Security (Cyber) and Privacy Insurance shall include, but not be limited
to, coverage, including defense, for the following losses or services:
(i) Liability arising from theft, dissemination, and/or use of confidential and
personally identifiable information, including but not limited to, any
information about an individual maintained by the Agency, including (i)
any information that can be used to distinguish or trace an individual's
identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and (ii) any other
information that is linked or linkable to an individual, such as medical,
educational, financial, and employment information regardless of how or
where the information is stored or transmitted.
(ii) Lawfully insurable fines and penalties resulting or alleging from a data
breach.
(iii) Event management services and first-party loss expenses for a data
breach response including crisis management services, credit monitoring
for individuals, public relations, legal service advice, notification of
affected parties, independent information security forensics firm, and
costs to re-secure, re-create and restore data or systems.
D. The Agency shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
2. Professional Liability insurance shall be written with limits no less than
$2,000,000 per claim and $2,000,000 policy aggregate limit.
3. Network Security (Cyber) and Privacy Insurance shall be written with limits no
less than $1,000,000 per claim, $1,000,000 policy aggregate for network security
and privacy coverage, $250,000 per claim for regulatory action (fines and
penalties), and $100,000 per claim for event management services.
4. The Commercial General Liability and Professional Liability insurance may be
written on one policy combining both coverages as long as separate limits of
insurance are maintained below with the herein specified minimum amounts of
insurance.
E. If any of the required insurance provides coverage on a claims-made basis:
1. The retroactive date must be on or before the date of the Agreement or the
beginning of services provided to the City. Insurance must be maintained and
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evidence of insurance must be provided for at least five (5) years after expiration
or termination of the Agreement.
2. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the
Agency must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of services provided by this Agreement.
F. The Agency's Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect to the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City shall be
excess of the Agency's insurance and shall not contribute with it. Insurance is to be
placed with insurers with a current A.M. Best rating of not less than A:VII.
G. The Agency shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Agency before
commencement of the work.
H. The Agency shall provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice.
I. Failure on the part of the Agency to maintain the insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days
notice to the Agency to correct the breach, immediately terminate the contract or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Agency from the City.
J. If the Agency maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Agency, irrespective of whether such limits
maintained by the Agency are greater than those required by this contract or whether
any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Agency.
K. The Agency shall not use or disclose Personal Information, as defined in RCW
19.255.010, in any manner that would constitute a violation of federal law or applicable
provisions of Washington State law. Agency agrees to comply with all federal and state
laws and regulations, as currently enacted or revised, regarding data security and
electronic data interchange of Personal Information.
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.
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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
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 and shall be subject to extension only by mutual agreement.
E. Upon termination of this Agreement, any unexpended balance of the CDBG funds
awarded through this Agreement shall lapse and remain in the City of Auburn's CDBG
fund.
F. In the event that termination occurs under paragraph A(1) of this section, the Agency
shall return to the City all funds which were expended in violation of the terms of this
Agreement.
15. REVERSION OF ASSETS:
Upon expiration of this Agreement, the Agency shall transfer to the City any City CDBG
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funds on hand at the time of expiration and any accounts receivable attributable to the
use of City CDBG funds.
If 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 not
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-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 $100,000.00. 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 $100,000.00.
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 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(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,
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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:
Agencies that are branches of government under RCW 43.21C.030 retain responsibility
for fulfilling the requirements of the State Environmental Policy Act, RCW Chapter.
43.21C, and regulations and ordinances adopted under that Chapter. 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.
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.
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(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 use criteria or methods of administration that have the effect of
subjecting individuals to discrimination on the basis of race, color, national origin, or
sex, or have the effect of defeating or substantially impairing accomplishment of the
objectives of the program or activity with respect to individuals of a particular race,
color, national origin, or sex.
3. 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 that have the effect of excluding individuals from, denying them the benefits
of, or subjecting them to discrimination on the grounds of race, color, national origin,
or sex; or which have the purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of the Act or of the HUD Regulations.
C. Fair Housing:
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 11246 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
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required from firms and organizations with fewer than 25 employees or on contracts
and/or yearly sales of less than $10,000.00.
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 not be used directly or indirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or subrecipient during any
period of debarment, suspension, or placement in ineligibility status under the
provisions of 24 CFR Part 24.
F. Notice:
1. The Agency shall include the provisions of the appropriate subsections A, B, C, D,
and E of this section 3 entitled "Nondiscrimination" in every contract or purchase
order for goods and services under this Agreement and shall send to each labor
union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding a notice advising the said labor union
or worker's representative of the 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 Oto 0MB 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 $300.00 (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
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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.
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 City of Auburn's
Displacement Policy required by Federal CDBG regulations at 24 CFR 570.305. The
Agency shall comply with the Regulations pertaining to costs of relocation and written
policies, as specified by 24 CFR 570.602 (c) and (d).
7. NATIONAL FLOOD INSURANCE:
To the extent indicated by 24 CFR 570.605, the Agency shall comply with the flood
insurance purchase requirements of Section 202(a) of the Flood Disaster Protection Act
of 1973. (42 U.S.C. 4001 et seq. and the Federal regulations issued under that statute).
The Agency shall comply with the Regulations at 24 CFR section 570.605.
8. 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.
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9. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES:
A. If the Agency is a governmental entity, the Agency shall comply with the requirements
and standards of 0MB 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 0MB 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 standards for real property;
8. Attachment 0, "Procurement Standards;" and
9. Attachment P, "Audit Requirements."
B. If the Agency is not a governmental entity, the Agency shall comply with the
requirements and standards of 0MB 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 0MB 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 0, "Procurement Standards."
10. OTHER FEDERAL REQUIREMENTS:
The absence of mention in this Agreement of any other Federal requirements which
apply to the award and expenditure of the Federal funds made available by this
Agreement is not intended to indicate that those Federal requirements are not applicable
to 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 used 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.
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12. PUBLIC OWNERSHIP:
For Agencies that are not municipal corporations organized under the laws of the State
of Washington, it may become necessary to grant the City a property interest where the
subject project calls for the acquisition, construction, reconstruction, rehabilitation, or
installation of publicly owned facilities and improvements. The Agency shall comply with
current City requirements regarding transfer of a property interest sufficient to meet any
public ownership requirement imposed by law.
13. PUBLIC INFORMATION:
A. In all news releases and other public notices related to projects funded under this
Agreement, 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
construction site, identifying the source of funds, except that this requirement may be
waived for construction projects of $100,000.00 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 Records Act, Chapter 42.56 RCW.
14. LOBBYING:
The Agency certifies, to the best of its 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 a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
C. The 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, 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,
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U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000.00 and not more than $100,000.00 for each such
failure.
15. RELIGIOUS ORGANIZATIONS:
The Agency will comply with all federal requirements concerning religious organizations
and the use of Community Development Block Grant funds. All services delivered must
be dispensed in a clearly non-sectarian manner, devoid of any religious influence.
PART Ill. EVALUATION AND RECORD KEEPING:
1. GENERAL:
The Agency agrees to maintain records and provide reports as listed in Attachment #4 of
this Contract, and as defined in this Part, below.
2. EVALUATION:
The Agency agrees to participate with the City in any evaluation project or performance
report, as designed by the City or the appropriate Federal Agency, and to make
available all information required by any such evaluation process.
3. AUDITS 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 authorized by law during the performance of this Agreement and during the period of
retention specified in this Part Ill.
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 $750,000.00 or more in federal funds will provide to the City the
above required audits conducted in a manner required by 2 CFR Part 200 Uniform
Guidance - Subpart F.
4. RECORDS:
All Agencies receiving Community Development Block Grant funds from the City shall
maintain a certified public audit for the City Community Development Block Grant year in
which the funds are awarded and through each Community Development Block Grant
year or portion thereof, in which the funds are used or a contract exists between the
Agency and the City. As required by HUD Regulations, 24 CFR Part 570, the Agency
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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.
B. Relocation:
Agency record keeping must comply with the Uniform Act implementing regulations at 24
CFR Part 42. Indication of the overall status of the relocation workload and a 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, (c) statement of basis for
determination of just compensation, (d) written offer of just compensation, (e) all
documents involving conveyance, (f) settlement cost reporting statement, and (g) notice
to surrender possession of premises.
D. Equal Opportunity:
The Agency shall maintain racial, ethnic, and gender data showing the 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
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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.
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 by the Agency 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:
1. Original Grant Application as submitted dated April 2022.
2. Environmental Determination.
3. Contract Scope of Work, Completion Date and Contact Information.
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PARTV. COUNTERPARTS
This Agreement may be signed in one or more counterparts, each of which will be one and the
same Agreement. The Agreement will become effective upon the last of the parties to sign.
By signing below, the undersigned represent and warrant that they have authority to enter this
Agreement and to bind their respective party to its terms, and that they have read the above
statements, understand them, and agree to abide by their terms.
SOLID GROUND
Shalimar Gonzales
CITY OF AUBURN
Nancy Backus, Mayor
Approved as to form:
Doug Ruth, Acting City Attorney
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ATTACHMENT #1 - BG-2401
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:
BG-2401
Solid Ground - Housing Stability Project
Provide emergency subsistence support to Auburn
residents at imminent risk of housing loss.
570.201(e) - Subsistence Payments (05Q)
570.208(a)(2) - Low/Mod Limited Clientele - LMC
$92,112.00
Public Service
1501 N. 45th St, Seattle WA 98103
See Attachment #3: Special Conditions
December 31, 2024
CONTACT PERSON: Theresa Curry Almuti
TITLE: Homelessness Prevention Manager
MAILING ADDRESS: 1501 N. 45th St, Seattle WA 98103
LOCATION ADDRESS: 1501 N. 45th St, Seattle WA 98103
PHONE/ FAX NUMBER: 206-694-6841
E-MAIL: theresac@solid-ground.org
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM
ACCOMPLISHMENTS FORM:
NAME/TITLE:
SIGNATURE:
(optional) NAME/TITLE:
SIGNATURE:
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Annual
Benefits $4,161
$18,479
ATTACHMENT #2- BG-2401
Community Development Block Grant Contract Project Budget
PROJECT NO.: BG-2401 TITLE: Solid Ground - Housing Stability Project
ISUMMARY OF TASKS AND COSTS
Homelessness Prevention Manager $72,696 7.91% $5,750
HP Data and Admin Coordinator $59,675
7.5%
$4,476
HSP Case Manager $54,558
7.5%
$4,092
(continued)
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ATTACHMENT #2- BG-2401
(continued)
Community Development Block Grant Contract Project Budget
BUDGET DETAIL
Column A Column B Column C
Cost Categories Total Budget
Item
CDBG
Funds
Other Non-
CDBG Funds
-- Personnel Costs $18,470 $11,379 $7,091
-- Office/Operating Supplies
-- Agency or Purchased Services
-- Construction Contracts/Real
Property Acquisition
-- Communications and
Advertisements
-- Travel and/or Training
-- Intra-Agency Support {i.e. administrative overhead} $2,661 $1,640 $1,021
-- Other: Direct Client Aid $65,772 $66,379
-- Other (Detail)
Subcontractor Support $5,200 $4,602
Total Project Costs
{Note: Column A must equal
sum of Columns B and C}
$92,112
$84,000
$8,112
Source of Funds
Column A
Total
-- City of Auburn CDBG Funds $84,000
-- Other Funds: City of Auburn
General Funds $8,112
Grand Total
{Note: Column A must equal
sum of Columns B and C}
$92,112
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ATTACHMENT #3 - BG-2401
Community Development Block Grant Contract
S ecial Conditions
1. Resolution #5628: In accordance with the legislative intent of the City Council as
expressed in the 2024 Annual Action Plan adopted by Resolution #5688, the Agency
must:
Provide emergency subsistence support to Auburn residents at imminent risk of
housing loss. {CDBG Eligible under 24CFR570.201(e)}
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 of 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 SOLID
GROUND shall terminate on December 31, 2024. 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(8) of the Agreement regarding the
erection of sign identifying the source of funds are 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.
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ATTACHMENT #4- BG-2401
Community Development Block Grant Contract Project Timeline
Part 1. Schedule by Task
Milestones Projected
Total Unduplicated Households: 30
Projected Unduplicated Residents: 60
Part 2. Expenditure Rate
Reimbursement Period
1st Quarter (01/01/24 - 03/31/24)
2nd Quarter (04/01/24 - 06/30/24)
3rd Quarter (07/01/24 - 09/30/24)
4th Quarter (10/01/24 -12/31/24)
CDBG Funds Vouchered
Projected
$23,028.00
$23,028.00
$23,028.00
$23,028.00
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ATTACHMENT #5- BG-2401
Community Development Block Grant Contract
Project Timeline/Performance Measurements
All CDBG subrecipients must bill the City in order to access funds from their grant. The City
advances funds to subrecipients in order to expedite payments and then requests a drawdown
from HUD to reimburse the City fund. This is how HUD keeps track of our Timely Expenditure
Requirement and if you do not bill, the City cannot meet its drawdown requirement. Checks are
available generally within 45 days from the date your payment is processed. Quarterly payment
request forms will be customized for your specific activity.
• Quarterly payment request forms record expenditures incurred by the organization for a
given period.
• Quarterly service unit reports number of unduplicated clients served and other contract-
established service units.
• Direct Benefit reports (demographic reports) maintain data on direct beneficiaries who
were assisted with the funds requested.
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, 2024.
(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 forms as supplied, showing Agency name, address, contact information,
accomplishment data, budget information, and client income verification; forms show
how the Agency has progressed toward its goals as set forth in Attachment #4.
(b) 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.
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