Snohomish County - CDBG Public FacilitiesSNOHOMISH COUNTY HUMAN SERVICES DEPARTMENTy r;
3000 ROCKEFELLER AVENUE, M/S 305 - EVERETT, WA 98201
(425) 388-7200
CONTRACT SPECIFICS:
Contract Number: HCS-13-21-1302-224 Title of Project/Services: ADA Upgrades
Maximum Contract Amount: Start Date: End Date: Status Determination:
$90,000 3/01/2014 ' 2/28/2015 ® Subrecipient ❑ Vendor
CONTRACTING ORGANIZATION:
IRS Tax No. (Employer
Name: City of Edmonds I.D.): 91-6001244
Address: 121 5th Avenue N City, State & Zip Edmonds, WA 98020
Contact Person: JoAnne Zulauf Telephone: 425-771-0220
FUNDING:
CDBG - Public Facilities &
Funding Authority: B-13-UC-530003 _ Funding Specifics: Infrastructure
CFDA No &Title: 14.218 CDBG-Entitlement Federal Agency: HUD
Program Division: County Contact Person: Contact Phone Number:
HCS Debra May 425-388-3264
Additional terms of this contract are set out in and governed by the following, which are incorporated herein by reference:
Basic Terms and Conditions A�
Specific Terms and Conditions
Statement of Work
reement HSD- 2013-127-2e
Attached as Exhibit A
Attached as Exhibit B
Approved Contract Budget Attached as Exhibit C
maintained on file at the Human Services
In the event of any inconsistency in this contract, the inconsistency shall be resolved by giving precedence in the following order: (a)
appropriate provisions of state and federal law, (b) Specific Terms and Conditions, (c) Basic Terms and Conditions, (d) other attachments
incorporated by reference, and (e) other documents incorporated by reference.
THE CONTRACTING ORGANIZATION IDENTIFIED ABOVE (HEREINAFTER REFERRED TO AS CONTRACTOR), AND
SNOHOMISH COUNTY (HEREINAFTER REFERRED TO AS COUNTY), HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS
OF THIS CONTRACT. SIGNATURES FOR BOTH PARTIES ARE REQUIRED BELOW. BY SIGNING, THE CONTRACTOR IS
CERTIFYING THAT IT IS NOT DEBARRED, SUSPENDED, OR OTHERWISE EXCLUDED FROM PARTICIPATING IN FEDERALLY
FUNDS PROGRAMS.
FORT CONYRA0%NG ORGANIZATION: FOR SNOHOMISH COUNTY:
(Title)
,r q .-z- z4z —
Kenneth Stark, Director (Date)
Department of Human Services
E (71F; I D
APR
EXHIBIT A
SPECIFIC TERMS AND CONDITIONS
PUBLIC AGENCIES
ADA UPGRADES
SPECIAL TERMS AND CONDITIONS
A. Designation
The Contractor expressly agrees to undertake that certain community
development assistance project fully described in the Statement of Work,
Exhibit B, which is located within the corporate boundaries of said
Contractor, as the same is commonly referred to as a Community
Development Block Grant (CDBG) project within the Housing and Community
Development Act of 1974, as now or hereafter amended (hereinafter "the
Act"). The undertaking shall be in full accord with the Act, rules and
regulations promulgated thereunder, and all other laws, ordinances, and rules
and regulations not inconsistent therewith.
B. Subgrant
The Contractor is hereby allotted through a subgrant the sum as shown in
Exhibit C. It is expressly agreed and understood that the total amount to be
paid by the County under this Contract shall not exceed the amount shown in
Exhibit C.
C. General Compliance
The Contractor agrees to comply with the requirements of Title 24 of the
Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants),
including Subpart K of those regulations, except that:
The Contractor does not assume the County's environmental
responsibilities described in 24 CFR § 570.604; and
2. The Contractor does not assume the County's responsibility for initiating
the review process under the provisions of 24 CFR Part 58. The
Contractor also agrees to comply with all other applicable federal, state,
and local laws, regulations, and policies governing the funds provided in
this Contract.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 1 of 35
D. Notice to Proceed
The County shall furnish the Contractor with written Notice to Proceed upon
release of funds from HUD related to the project pursuant to 24 CFR Part 58.
No work on the project shall occur prior to the Notice to Proceed without prior
written approval from the County.
E. Construction Process
With regard to any capital improvement project specified in Exhibit B of this
Contract, the Contractor shall administer the project in such a way as to
ensure completion of the project satisfactory to the County.
Bid procedures and bid documents must be approved by the Snohomish
County Office of Housing and Community Development, or its successor
County department or Agency, prior to award of any subcontracts for
construction, services, and capital improvements financed in whole or in part
under this Contract.
F. Use of Property
The following provisions apply to real and personal property, if any, improved,
or acquired through this Contract:
1. The Contractor agrees to use real and personal property improved or
acquired in whole or in part with CDBG funds provided under this Contract
for the authorized purpose of the project, as stated in Exhibit B.III.
2. As provided by 24 CFR § 85.31(b), the Contractor shall not dispose of or
encumber the title or other interests of the property as long as needed for
that purpose, except as otherwise provided by federal statute.
3. The Contractor shall obtain written approval by the County for the use of
real property in other federally -sponsored projects when the Contractor
determines that the property is no longer needed for the purpose of the
original project. Use in other projects shall be limited to those under
federally -sponsored projects (i.e., awards) or programs that have
purposes consistent with those authorized for support by HUD.
4. As provided by 24 CFR § 85.32(c), when the real property is no longer
needed as provided in paragraphs 1 and 3 above, the Contractor shall
request disposition instructions from the County.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 2 of 35
5. The Contractor agrees to:
a. Keep the property in good condition and repair;
b. Not remove or demolish any building thereon;
c. Complete or restore promptly and in good and workmanlike manner
any building that may be constructed, damaged, or destroyed, and to
pay when due all claims for labor performed and materials furnished
therefore;
d. Comply with all laws affecting the property or requiring any alterations
or improvements to be made;
e. Not commit or permit waste thereof;
f. Not commit, suffer, or permit any act upon the property in violation of
law; and
g. Do all other acts which from the character or use of the property may
be reasonably necessary to preserve and conserve its value.
6. The Contractor agrees to pay before delinquent all taxes, assessments
and any other charges affecting the property when due, and all
encumbrances, charges and liens, with interest, on the property or any
part thereof.
II. FISCAL MANAGEMENT
A. Payment and Disbursements
Disbursements by the County pursuant to this Contract shall be on a
reimbursement basis covering actual expenditures by the Contractor or
obligations of the Contractor currently due and owing, but not paid, and are
subject to the requirements in the Basic Terms and Conditions referenced
on the Signature Page.
Disbursements shall be limited to allowable costs and will not be made unless
at a minimum all the following occur:
1. Receipt by the County of a Request for Reimbursement/Actual
Expenditure Report, together with a Report of Actual Expenditures,
supported by copies of vouchers, invoices, salary and wage summaries,
or other documentation;
Exhibit A
H CS-13-21-1302-224
City of Edmonds
Page 3 of 35
2. Determination by the County that the expenditures or obligations for which
reimbursement is sought constitute allowable costs under the principles
set forth in applicable Office of Management and Budget Circulars, and
come within the Project Budget; and
3. Payments may be contingent upon certification of the Contractor's
financial management system in accordance with the standards specified
in 24 CFR § 85.20.
B. Program Income
1. Defined
"Program income" means gross income received by the Contractor directly
generated from the CDBG-supported activity, or earned only as a result of
this Contract "during the grant period," as that phrase is defined in 24 CFR
§ 85.25(b). When program income is generated by an activity that is only
partially assisted with CDBG funds, the income shall be prorated to reflect
the percentage of CDBG funds used. Except as provided in 24 CFR
§ 570.500, program income includes, but is not limited to, the following:
a. Proceeds from the disposition by sale or long-term lease of real
property purchased or improved with CDBG funds;
b. Proceeds from the disposition of equipment purchased with CDBG
funds;
c. Gross income from the use or rental of real or personal property
acquired by the Contractor with CDBG funds, less costs incidental to
generation of the income;
d. Gross income from the use or rental of real property, owned by the
Contractor, that was constructed or improved with CDBG funds, less
costs incidental to generation of the income;
e. Payments of principal and interest on loans made using CDBG funds;
f. Proceeds from the sale of loans made with CDBG funds;
g. Proceeds from the sale of obligations secured by loans made with
CDBG funds;
h. Interest earned on program income pending its disposition; and
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 4 of 35
i. Funds collected through special assessments made against properties
owned and occupied by households not of low and moderate income,
where the assessments are used to recover all or part of the CDBG
portion of a public improvement.
2. Recording and Reporting Program Income
The receipt and expenditure of program income as defined above shall be
recorded as part of the financial transactions under this Contract. The
Contractor shall report monthly all program income (as defined at 24 CFR
§ 570.500(a)) generated by activities carried out with CDBG funds made
available under this Contract.
3. Disposition of Program Income Received by the Contractor
a. The use of program income by the Contractor shall comply with the
requirements set forth at 24 CFR § 570.504. By way of further
limitation, the Contractor may use such income during the Contract
period for activities permitted under this Contract and shall reduce
requests for additional funds by the amount of any such program
income balance on hand. All unexpended program income shall be
returned to the County at the end of the Contract period. All interest
earned on cash advances from the U.S. Treasury and from funds held
in a revolving fund account is not program income and shall be
remitted promptly to the County.
b. Program income received before close-out of this Contract may, at the
discretion of the County, be retained by the Contractor if the income is
treated as additional CDBG funds to continue or benefit the project and
is subject to all applicable requirements governing the use of CDBG
funds.
c. If the Contractor is allowed to retain program income, that income shall
affect disbursements under this Contract from the County as follows:
1) Program income in the form of repayments to, or interest earned on, a
revolving fund as defined in 24 CFR § 570.500(b) shall be disbursed from
the fund in accordance with the fiscal management requirements of this
Contract before additional cash withdrawals are made from the County for
the same activity.
2) All other program income shall be disbursed for eligible project
activity before additional cash withdrawals are made from the
County.
d. Program income on hand when the Contract is closed out, or received
after the Contract is closed out, shall be subject to the following:
Exhibit A
H C S-13-21-1302-224
City of Edmonds
Page 5 of 35
1) Unless otherwise provided elsewhere in this Contract, and subject
to the requirements of paragraph ii of this subsection, if at the time
of close-out the Contractor has another ongoing CDBG grant
received directly from the County, income received after close-out
shall be treated as program income of the ongoing grant program.
2) If the Contractor does not have another ongoing grant received
directly from the County at the time of close-out, income received
after close-out from the disposition of real property or from loans
outstanding at the time of close-out shall be used for activities that
meet one of the national objectives in 24 CFR § 570.208 and the
eligibility requirements described in Section 105 of the Housing and
Community Development Act of 1974, as amended (42 U.S.C.
§ 5301 et seq.).
3) In any circumstances not covered by paragraphs (i) or (ii) above,
the Contractor shall promptly contact the County to obtain
appropriate disposition instructions.
C. Indirect Costs
If indirect costs are charged, the Contractor will develop an indirect cost
allocation plan for determining the appropriate Contractor's share of
administrative costs and shall submit such plan to the County for approval, in
a form specified by the County.
D. Accounting Standards
The Contractor agrees to comply with 24 CFR § 85.20(b) and agrees to
adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for
all costs incurred.
E. Cost Principles
The Contractor shall administer its project in conformance with OMB Circular
A-87, "Cost Principles for State, Local, and Indian Tribal Governments"
(relocated at 2 C.F.R., Subtitle A, Chapter II, Part 225). These principles shall
be applied for all costs incurred whether charged on a direct or indirect basis.
III. INSURANCE REQUIREMENTS
Prior to commencement of the project, the Contractor, shall procure and maintain
for the duration of the Contract, insurance as specified in the Basic Terms and
Conditions against claims for injuries to persons or damage to property that may
arise from or in connection with the performance of the project hereunder by the
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 6 of 35
Contractor, its agents, representatives, employees contractors or sub-
contractors. Review of the Contractor's insurance by the County shall not relieve
or decrease the liability of the Contractor.
A. In addition to the insurance requirements in the Basic Terms and Conditions,
the Contractor shall comply with the bonding and contract provision
requirements of 24 CFR §§ 85.36 (h).
B. The Contractor shall provide, unless the Owner elects to provide, in a form
acceptable to the County, Builder's Risk Coverage in the amount of the
Replacement Cost equal to completed construction value, with Owner and
Snohomish County protected as their interests may appear.
IV. PROJECT REQUIREMENTS
A. Applicability of Uniform Administrative Requirements
The project shall be conducted and administered in compliance with the
regulations, policies, guidelines and requirements of 24 CFR Part 85, and
Office of Management & Budget ("OMB") Circulars A-87, (relocated at 2 CFR,
Subtitle A, Chapter II, Part 225) A-102 (implemented at 24 CFR Part 85), and
A-133 as applicable, as they relate to the acceptance and use of federal
funds under this Contract. The applicable sections of 24 CFR Part 85 are set
forth at 24 CFR § 570.502(a). Where federal standards differ from applicable
local or state standards, the stricter standards shall apply.
B. Local Financial Support
The Contractor agrees to utilize funds available under this Contract to
supplement rather than to supplant funds otherwise available. The subgrant
amount authorized under this Contract shall not be utilized to substantially
reduce the amount of local financial support for community development
activities below the level of such support prior to the availability of such
assistance.
The County's share of total project costs, as shown in Exhibit C, shall remain
constant throughout the life of the Contract. Any cost savings shall be
proportionately shared by the County and the Contractor.
C. Procurement Contracts
Unless specified otherwise in this Contract, the Contractor shall procure all
materials, property, or services in accordance with the requirements of 24
CFR § 85.36 and the Snohomish County Environmentally Preferable
Purchasing and Product Utilization Policies. The following provisions apply to
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 7 of 35
procurements of supplies, equipment, construction, or other services financed
in whole or part under this Contract:
1. Award
All procurement contracts financed in part or in whole with funds under
this Contract shall contain insurance provisions that at a minimum are
equal to those insurance provisions contained in "SUB -GRANTEE
GENERAL CONDITIONS —General Conditions for Facilities Contracts
Assisted Under the Snohomish County Community Development Block
Grant Program" on file at the County, as those provisions may be
amended from time to time.
2. Debarment and Suspension
In addition to the Debarment and Suspension requirements contained in
the Basic Terms and Conditions, the following applies:
No portion of the award made under this Contract shall be used directly or
indirectly to employ, award contracts to, or otherwise engage the services
of, or fund, any contractor or subcontractor during any period of
debarment, suspension, voluntary exclusion or placement in ineligibility
status of such contractor or subrecipient under the provisions of 24 CFR
Part 24. The Contractor represents and warrants that the Contractor is
not debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in federal assistance programs
under such regulations or Executive Orders Nos. 12549 or 12689.
3. Travel
The Contractor shall obtain written approval from the County for any travel
outside the metropolitan area with funds provided under this Contract.
D. Compliance with Architectural and Construction Standards
Any facility constructed pursuant to this Contract shall comply with applicable
design requirements of the Federal Architectural Barriers Act of 1968
(codified at 42 USC § 4151 et seq.); Chapter 70.92 RCW; Section 8 Existing
Housing Standards, 24 CFR Part 882; Cost Effective Energy Conservation
Standards, 24 CFR §§ 965.301-965.308; and the Uniform Federal
Accessibility Requirements required by 24 CFR Part 8. The Contractor shall
condition any grants, awards, or loans made with assistance under this
Contract with those applicable standards.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 8 of 35
E. Real Property
1. Transfer
a. Flood Insurance
Any contract or agreement for the sale, lease or other transfer of land
acquired, cleared or improved with assistance provided under this
Contract shall contain, if such land is located in an area identified by
the Secretary of HUD as having special flood hazards and in which the
sale of flood insurance has been made available under the National
Flood Insurance Act of 1968, as amended (42 U.S.C. § 4001 et seq.),
provisions obligating the transferee and its successors or assigns to
obtain and maintain, during the ownership of such land, such flood
insurance as may be required with respect to financial assistance for
acquisition or construction purposes under Section 102(a) of the Flood
Disaster Protection Act of 1973. Such provisions shall be required
notwithstanding the fact that the construction on such land is not itself
funded with assistance provided under this Contract.
b. Covenants
1) Where assistance under this Contract is provided in the form of real
property or an interest in the property from the County, the
instrument effecting or recording this transfer shall contain a
covenant running with the land to assure non-discrimination for the
period during which the real property is used for a purpose for
which the assistance under this Contract is extended or for another
purpose involving the provision of similar services or benefits.
2) Where no transfer of property is involved, but property is purchased
or improved with financial assistance under this Contract, the
Contractor shall agree to include the covenant described in this
Contract in the instrument effecting or recording any subsequent
transfer of the property.
3) Where assistance under this Contract is provided in the form of real
property or an interest in the property from the County, the
covenant shall also include a condition coupled with a right to be
reserved by the County to revert title to the property in the event of
a breach of the covenant. If a transferee of real property proposes
to mortgage or otherwise encumber the real property as security for
financing construction of new, or improvement of existing, facilities
on the property for the purposes for which the property was
transferred, the County may, upon request of the transferee, if
necessary to accomplish such financing, and upon such conditions
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 9 of 35
2
as the County deems appropriate, agree to forbear the exercise of
such right to revert title for so long as the lien of such mortgage or
other encumbrance remains effective.
Change in Use
The standards described in this section apply to real property within the
Contractor's control which was acquired or improved in whole or in part
using CDBG funds provided pursuant to this Contract. Except as
otherwise provided by federal statutes, the Contractor will use real
property acquired with funds provided under this Contract for its originally
authorized purposes as long as needed for those purposes and shall not
dispose of or encumber its title or other interests in that property. These
standards shall apply from the date CDBG funds are first spent for the
property until five years from the date the Contractor is no longer
considered by HUD to be part of the urban county as defined at 24 CFR
§ 570.3.
a. The Contractor may not change the use or planned use of any such
property (including the beneficiaries of such use) from that for which
the acquisition or improvement was made as specified in Exhibit B
unless the Contractor receives prior written approval from the County,
and either:
1) The new use of such property qualifies as meeting one of the
national objectives in 24 CFR § 570.901 and is not a building for
the general conduct of government; or
2) The requirements in paragraph (b) of this section are met.
b. If the Contractor determines, after prior approval from the County, that
it is appropriate to change the use of the property to a use which does
not qualify under paragraph (a) (i) of this section, it may retain or
dispose of the property for the changed use if the Contractor
reimburses the County in the amount of the current fair market value of
the property, less any portion of the value attributable to expenditures
of non -grant funds for acquisition of, and improvements to, the
property.
c. If the change of use occurs after close-out, the Contractor shall
promptly notify the County to obtain appropriate disposition
instructions.
Exhibit A
H C S-13-21-1302-224
City of Edmonds
Page 10 of 35
F. Public Information
1. The Contractor shall insure recognition of the role of the County in
providing services through this Contract. All activities, facilities, and items
utilized pursuant to this Contract shall be prominently labeled as to funding
source.
2. In all news releases and other public notices related to or funded under
this Contract, the Contractor shall include information identifying the
source of funds as the Snohomish County Community Development Block
Grant Program. The Contractor will include a reference to the support
provided herein in all publications made possible with funds available
under this Contract.
3. For all construction projects, the Contractor shall erect a sign to County
specifications at the construction site, identifying the source of funds,
except that this requirement may be waived for construction projects of
$10,000 or less.
G. Use and Reversion of Assets
The use and disposition of real property and equipment under this Contract
shall be in compliance with the requirements of 24 CFR Part 85, including 24
CFR §§ 85.31 and 85.32, as applicable.
V. PROJECT MANAGEMENT
A. Non -Expendable Personal Property ("Equipment")
"Equipment" means tangible, non -expendable, personal property having a
useful life of more than one year and an acquisition cost of $5,000 or more
per unit.
1. Title
Subject to the obligations and conditions set forth in 24 CFR § 85.32 and
this section, title to equipment acquired under this Contract will vest upon
acquisition in the Contractor.
2. Use
a. In the case of assistance under this Contract to provide personal
property, the compliance requirements of Section 504 of the
Rehabilitation Act of 1973, as amended, found in this Contract, shall
obligate the Contractor for the period during which it retains ownership
or possession of the equipment.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 11 of 35
b. Equipment shall be used by the Contractor in the project or program
for which it was acquired as long as needed, whether or not the project
or program continues to be supported by funds allotted under this
Contract. The Contractor shall not encumber the equipment without
the approval of the County. When no longer needed for the original
project or program, the equipment may be used in other activities
currently or previously supported by Snohomish County CDBG funds
or other federally -sponsored activities as provided by 24 CFR
§ 85.32(c)(1).
c. During the time the equipment is used on the project or program for
which it was acquired, the Contractor shall also make equipment
available for use on other projects or programs currently or previously
supported by the County providing such use will not interfere with the
work on the project or program for which it was originally acquired.
First preference for other use shall be given to other programs or
projects supported by the County. User charges shall be treated as
program income.
d. The Contractor shall not use equipment acquired with CDBG funds to
provide services to non-federal outside organizations for a fee that is
less than private companies charge for equivalent services, unless
specifically authorized by federal statute, for as long as the federal
government retains an interest in the equipment.
e. When acquiring replacement equipment, the Contractor may use the
equipment to be replaced as a trade-in or sell the property and use the
proceeds to offset the cost of the replacement property, subject to the
approval of the County.
3. Management Requirements
Procedures for managing equipment (including replacement equipment),
whether acquired in whole or in part with CDBG funds, until disposition
takes place will, at a minimum, meet the requirements of 24 CFR
§ 85.32(d), including the following:
a. Equipment records must be maintained accurately and shall include a
description of the equipment, a manufacturer's serial number or other
identification number, the source of equipment, including the award
number, who holds title, the acquisition date (or date received, if the
equipment was furnished by the federal government), cost of the
equipment, information from which the percentage of federal
participation in the cost of the equipment can be calculated, the
location and condition of the equipment, and the date information was
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 12 of 35
reported, unit acquisition cost, and ultimate disposition data including
the date of disposal and sale price of the equipment or the method
used to determine current fair market value when the Contractor
compensated the County for its share.
b. Equipment owned by the federal government shall be identified to
indicate federal ownership.
c. A physical inventory of the equipment shall be taken and the results
reconciled with the property records at least once every two years.
Any differences between quantities determined by physical inspection
and those shown in the accounting records shall be investigated to
determine the causes of the difference. The Contractor shall, in
connection with the inventory, verify the existence, current utilization,
and continued need for the equipment.
d. A control system shall be in effect to ensure adequate safeguards to
prevent loss, damage, or theft of the equipment. Any loss, damage, or
theft shall be investigated and fully documented.
e. Adequate maintenance procedures shall be developed to keep the
equipment in good condition.
f. If the Contractor is authorized or required to sell the equipment, proper
sales procedures shall be established which provide for competition to
the fullest extent practicable and result in the highest possible return.
4. Disposition
When original or replacement equipment acquired under this Contract is
no longer needed for the original project or program or for other activities
currently or previously supported by the County, disposition of the
equipment will be made as provided in 24 CFR § 85.32(e) and as follows:
a. Items of equipment with a current per -unit fair market value of less
than $5,000 may be retained, sold, or otherwise disposed of with no
further obligation to the County.
b. Items of equipment with a current per -unit fair market value of $5,000
or more may be retained or sold and the County shall be paid an
amount calculated by multiplying the current market value or proceeds
from sale by the County's share of the equipment.
c. In cases where the Contractor fails to take appropriate disposition
actions, the County may direct the Contractor to take excess and
disposition actions.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 13 of 35
5. Right to Transfer Title
As provided by 24 CFR § 85.32(g), the County reserves the right to
require the Contractor to transfer title of equipment to the federal
government or a third party named by the County when such a third party
is otherwise eligible under existing statutes, as determined by the County.
Such transfers shall be subject to the following standards:
a. The property shall be identified in this Contract or otherwise made
known to the Contractor in writing.
b. The County shall issue disposition instructions within 120 calendar
days after the end of the County support of the project for which the
equipment was acquired. If the County fails to issue disposition
instructions within the 120 calendar -day period, the Contractor shall
apply the standards of 24 CFR § 85.32(e), as appropriate.
c. When title to equipment is transferred, the Contractor shall be paid an
amount calculated by applying the percentage of participation in the
purchase to the current fair market value of the property, as provided
by 24 CFR § 85.32.
6. Fees for Services
Pursuant to 24 CFR § 85.32(c)(3), the Contractor shall not use equipment
acquired with federal funds to provide services for a fee to compete
unfairly with private companies that provide equivalent services, unless
specifically permitted or contemplated by federal statute.
B. Expendable Tangible Personal Property ("Supplies")
"Supplies" means. all tangible personal property other than equipment as
defined in 24 CFR Part 85.
1. Title
Title to supplies and other expendable personal property acquired under
this Contract will vest, upon acquisition, in the Contractor.
2. Disposition
As provided by 24 CFR § 85.33(b), if there is a residual inventory of
unused supplies exceeding $5,000 in total aggregate fair market value
upon termination, cancellation or completion of the project or program,
and if the supplies are not needed for any other federally -sponsored
Exhibit A
H CS-13-21-1302-224
City of Edmonds
Page 14 of 35
project or program, the Contractor shall compensate the County for its
share.
VI. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE
HOUSING REPLACEMENT
A. The Contractor agrees to comply with:
The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, 42 U.S.C. § 4601 et. seq. (the "Uniform
Relocation Act"), and implementing regulations at 49 CFR Part 24 and 24
CFR § 570.606(b);
2. The requirements of 24 CFR § 570.606(c) governing the Residential Anti -
Displacement and Relocation Assistance Plan under Section 104(d) of the
Housing and Community Development Act, 42 U.S.C. § 5304(d); and
3. The requirements in 24 CFR § 570.606(d) governing optional relocation
policies.
B. The acquisition of any owner -occupied property shall be conducted to assure
that the owner -occupant is not "displaced" as defined in the Uniform
Relocation Act, its implementing regulations at 49 CFR Part 24, and the
CDBG regulations contained at 24 CFR § 570.606. Properties to be acquired
either permanently or temporarily must be vacant of renters for at least 90
days prior to the date of initiation of negotiations for lease or purchase.
Property that is renter -occupied will not be considered for acquisition unless
prior written approval is received from the County. Property that is owner -
occupied will be considered for acquisition if:
1. The owner voluntarily enters into an agreement to lease the property to
the Contractor;
2. The owner agrees to forfeit possession of the property upon execution of
the lease agreement; and
3. The owner voluntarily waives any rights to relocation payments or other
relocation assistance under the Uniform Relocation Act or other similar
requirement.
C. The Contractor shall provide relocation assistance to displaced persons as
defined by 24 CFR § 570.606(b)(2) that are displaced as a direct result of
acquisition, rehabilitation, demolition or conversion for a CDBG-assisted
project. In the event any occupant of any real property acquired with
assistance provided under this Contract is deemed by the County or by higher
authority to have been displaced and thereby to be entitled to relocation
Exhibit A
H C S-13-21-1302-224
City of Edmonds
Page 15 of 35
assistance under these authorities, the Contractor shall be solely responsible
for providing the required assistance and paying all costs therefor, and the
Contractor shall hold the County harmless from any liability for such
assistance. The Contractor also agrees to comply with applicable County
ordinances, resolutions and policies, if any, concerning the displacement of
persons from their residences.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Contractor agrees to, and agrees to require its contractors performing
work funded in whole or in part under this Contract to, comply at all times
with applicable federal and state statutes and laws relating to civil rights,
including but not limited to:
a. Title VI of the Civil Rights Act of 1964, as amended (P.L. 88-352), and
24 CFR Part 1 (Non-discrimination in Programs or Activities Receiving
Federal Financial Assistance);
b. Title VIII of Civil Rights Act of 1968, as amended (P.L. 90-284), and 24
CFR § 570.601 (Non-discrimination in Housing);
c. Sections 104(b) and 109 of Title I of the Housing and Community
Development Act of 1974, as amended (42 USC §§ 5304(b) and
5309), and 24 CFR § 570.602 (Non-discrimination in any Program or
Activity);
d. Section 504 of Rehabilitation Act of 1973, as amended (29 U.S.C. §
794) (handicapped);
e. The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et
seq.);
f. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et
seq.);
g. Executive Order No. 11063 and 24 CFR Part 107 (Equal Opportunity in
Housing);
h. Executive Order No. 11246, as amended by Executive Orders Nos.
11375, 11478, 12107 and 12086, and 41 CFR Part 60 (Regarding
Non -Discrimination in Employment);
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 16 of 35
Executive Orders 11625, 12432 and 12138, and 24 CFR § 570.506(g)
(6) (Use of Minority and Women's Business Enterprises);
Contracts for Architectural and Engineering Services - Participation by
Minority and Women -Owned Firms, RCW 39.80.040;
k. Discrimination prohibitions under Chapter 49.60 RCW; and
I. Public Works or Improvements - Minority Business, RCW 35.23.352
(2nd and 3rd class cities and towns 1,500 or more citizens), as
applicable.
The Contractor agrees that it will assist and cooperate actively with the
County, HUD and the Secretary of Labor in obtaining the compliance of
prime contractors and subcontractors with the statutes and laws referred
to in this Contract and the rules, regulations, and relevant orders of the
Secretary of Labor; it will furnish the County, HUD and the Secretary of
Labor such information as they may require for the supervision of such
compliance; and it will otherwise assist the County, HUD and the
Department of Labor in the discharge of the Department of Labor's
primary responsibility for securing compliance. The Contractor will also
ensure the compliance of prime contractors and subcontractors with state
requirements pertaining to equal opportunity.
2. Non -Discrimination
In addition to the Non -Discrimination requirements in the Basic Terms and
Conditions, the Contractor agrees to comply with the non-discrimination in
employment and opportunities laws, regulations, and executive orders
referenced in 24 CFR § 570.607, as revised by Executive Order No.
13279. The Non -Discrimination provisions in Section 109 of the Act are
still applicable.
a. The Contractor shall not use methods of administration or site
selection criteria which have such a discriminatory effect; PROVIDED,
that nothing herein shall prohibit actions designated to correct the
effects of prior discriminatory practices or conditions; and PROVIDED,
FURTHER, that separate living and restroom facilities for the different
sexes may be constructed and maintained.
b. The Contractor shall comply with the HUD published Final Rule "Equal
Access to Housing in HUD Programs Regardless of Sexual Orientation
or Gender Identity," published in the Federal Register on February 3,
2012.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 17 of 35
3. Land Covenants
This Contract is subject to the requirements of Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) and the regulations under 24 CFR Part 1,
including 24 CFR §§ 570.601 and 570.602. In regard to the sale, lease,
or other transfer of land acquired, cleared or improved with assistance
provided under this Contract, the Contractor shall cause or require a
covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination upon the basis of race, color,
religion, ethnic or national origin, age, gender, handicap or sexual
orientation, in the sale, lease or rental, or in the use or occupancy of such
land, or in any improvements erected or to be erected thereon, and
providing that the Contractor, the County and the United States are
beneficiaries of and entitled to enforce such covenants. The Contractor,
in undertaking its obligations to carry out the project assisted hereunder,
agrees to take such measures as are necessary to enforce such
covenant, and will not itself so discriminate.
4. Section 504
The Contractor agrees to comply with Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. § 794), prohibiting discrimination
against individuals with disabilities or handicaps in any federally -assisted
program, and all federal regulations issued pursuant thereto, including
the regulations under 24 CFR Part 8. The County shall provide the
Contractor with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Contract.
B. Affirmative Action
The Department of Housing and Urban Development, Northwest/Alaska
Area, Washington State Office, has established a goal for Snohomish
County that 7.7% of all CDBG contract dollars be committed to minority -
owned businesses. In order to meet this goal, Snohomish County
requires that the Contractor, in all construction contracts of $50,000 or
more funded wholly or in part with Snohomish County CDBG funds,
demonstrate a good faith effort to attain 7.7% MBE participation. In
addition, the Contractor is required to report to the County all contracts of
$1,000 or more for labor, materials, supplies or professional services
funded wholly or in part with CDBG funds.
The Contractor shall submit such documentation as deemed necessary by
the County to support compliance with the Minority Business Enterprise
requirements.
Exhibit A
H CS-13-21-1302-224
City of Edmonds
Page 18 of 35
2. Women- and Minority -Owned Businesses
As required by 24 CFR § 85.36(e), the Contractor will take all necessary
affirmative steps to assure that minority firms, women's business
enterprises, and labor surplus area firms are used when possible. Those
affirmative steps shall include:
a. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
b. Assuring that small and minority businesses and women's business
enterprises are solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority businesses and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business and women's
business enterprises;
e. Using the services and assistance of the Small Business
Administration and the Minority Business Development Contractor of
the Department of Commerce; and
f. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed above.
3. Access to Records
The Contractor shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder
and will permit access to its books, records and accounts by the County,
HUD or its agent, or other authorized federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and
provisions stated herein.
4. Notifications
The Contractor will send to its labor union or representative of workers
with which it has a collective bargaining contract or other contract or
understanding, a notice, to be provided by the Contractor contracting
officer, advising the labor union or workers' representative of the
Contractor's commitments hereunder, and shall post copies of the notice
in conspicuous places available to employees and applicants for
employment.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 19 of 35
C. Employment Restrictions
1. Labor Standards
The Contractor agrees to comply, and shall require that project
construction contractors and subcontractors comply, with the
requirements of the Secretary of Labor in accordance with the Davis -
Bacon Act, as amended (40 U.S.C. §§ 276a-276a-5), the provisions of
the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-
333), and all other applicable federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the
performance of this Contract. The Contractor also agrees to comply, and
shall require that project construction contractors and subcontractors
comply, with the requirements of the Copeland Anti -Kick Back Act (18
U.S.C. § 874 et seq.) and it's implementing regulations at 29 CFR Part 5.
The Contractor shall maintain documentation that demonstrates
compliance with hour and wage requirements of this section. Such
documentation shall be made available to the County for review upon
request.
a. The Contractor shall likewise ensure compliance with Chapter 39.12
RCW pertaining to payment of state prevailing wages on public works
projects and with Chapter 49.28 RCW pertaining to an eight -hour work
day.
b. The Contractor agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units,
all construction contractors and subcontractors engaged under
contracts in excess of $2,000 for construction, renovation or repair
work financed in whole or in pan` with assistance provided under this
Contract, shall comply with federal requirements adopted by the
County pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29
CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journey workers; provided that, if wage
rates higher than those required under the regulations are imposed by
state or local law, nothing hereunder is intended to relieve the
Contractor of its obligation, if any, to require payment of the higher
wage. The Contractor shall cause or require to be inserted in full, in all
such contracts or subcontracts subject to such regulations, provisions
meeting the requirements of this paragraph.
c. No portion of the award made under this CDBG Contract shall be used
directly or indirectly to employ, award contracts to, or otherwise
engage the services of, or fund, any construction contractor or
subcontractor during any period of debarment, suspension, voluntary
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 20 of 35
exclusion or placement in ineligibility status of such contractor or
subrecipient under the provisions of 24 CFR Part 24. The Contractor
represents and warrants that the construction contractor is not
debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in federal assistance programs
under such regulations or Executive Orders Nos. 12549 and 12689,
"Debarment and Suspension." The Excluded Parties List System can
be checked at the following web -site: www.sam.gov.
2. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. § 1701 u), and as
implemented by the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders issued thereunder prior to the execution of
this Contract, shall be a condition of the federal financial assistance
provided under this Contract and binding upon the County, the
Contractor and any of the Contractor's subcontractors. Failure to fulfill
these requirements shall subject the County, the Contractor and any of
the Contractor's subcontractors, their successors and assigns, to those
sanctions specified by the Contract through which federal assistance is
provided. The Contractor certifies and agrees that no contractual or
other disability exists that would prevent compliance with these
requirements.
The Contractor further agrees to comply with these "Section 3"
requirements and to include the following language, set forth in 24
CFR § 135.38, in all subcontracts executed under this Contract:
1) The work to be performed under this Contract is a project assisted
under a program providing direct federal financial assistance from
HUD and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C.
§ 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very
low-income residents of the project area, and that contracts for
work in connection with the project be awarded to business
concerns that provide economic opportunities for low and very low-
income persons residing in the metropolitan area in which the
project is located.
2) The Contractor further agrees to ensure that opportunities for
training and employment arising in connection with a housing
rehabilitation (including reduction and of lead -based paint hazards),
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 21 of 35
housing construction, or other public construction project are given
to low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood
in which the project is located, and to low- and very low-income
participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-
income persons residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be
given to business concerns that provide economic opportunities to
low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very
low-income participants in other HUD programs.
3) The Contractor certifies and agrees that no contractual or other
legal incapacity exists that would prevent compliance with these
requirements.
b. Notifications
The Contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
contract or other contract or understanding, if any, a notice advising
said labor organization or workers' representative of its commitments
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
c. Subcontracts
The Contractor will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by
HUD. The Contractor will not subcontract with any entity where it has
notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any subcontract
unless the entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 22 of 35
d. Snohomish County Section 3 Area
Snohomish County has identified its Section 3 area as that area within
the corporate boundaries of Snohomish County. The term "low
income" includes low-income unemployed residents of Snohomish
County. The Contractor will, to the greatest extent feasible, provide
employment opportunities to those individuals.
D. Conduct
1. Subcontracts
The Contractor shall undertake to insure that all subcontracts let in the
performance of this Contract shall be awarded on a fair and open
competition basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be forwarded to
the County along with documentation concerning the selection process.
2. Hatch Act
The Contractor agrees that no funds provided, nor personnel employed,
under this Contract shall be in any way or to any extent be applied to, or
engaged in, the conduct of political activities in violation of 5 U.S.C.
Chapter 15.
3. Conflict of Interest
a. In the procurement of supplies, equipment, construction, and services
by recipients and subrecipients, the Contractor agrees to abide by the
conflict of interest provisions of 24 CFR § 85.36(b)(3) and of OMB
Circular A-102, which include (but are not limited to) the following:
1) The Contractor shall maintain a written code or standards of
conduct that shall govern the performance of its officers, employees
or agents engaged in the award and administration of contracts
supported by federal funds.
2) No employee, officer or agent of the Contractor shall participate in
the selection, or in the award or administration, of a contract
supported by federal funds if a conflict of interest, real or apparent,
and as described in 24 CFR § 85.36(b)(3), would be involved.
3) The Contractor's officers, employees or agents shall neither solicit
nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties to subcontracts. The
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 23 of 35
Contractor may set minimum rules where the financial interest is
not substantial or the gift is an unsolicited item of nominal intrinsic
value.
4) To the extent permitted by state or local law or regulations, such
standards of conduct will provide for penalties, sanctions, or other
disciplinary actions for violations of such standards by the
Contractor's officers, employees or agents, or by contractors or
their agents.
5) In all cases not governed by 24 CFR § 85.36, the provisions of 24
CFR § 570.611(a) shall apply.
b. In addition to the Conflict of Interest and Kickback provisions in the
Basic Terms and Conditions, the following applies:
Upon the written request of the Contractor, the County may grant an
exception to the provisions of paragraph (ii) of this section on a case -
by -case basis when it determines that such an exception will serve to
further the purposes of the County's Community Development Block
Grant Program and the effective and efficient administration of the
Contractor's project. An exception may be considered only after the
Contractor has provided a disclosure of the nature of the conflict,
accompanied by an assurance that there has been public disclosure of
the conflict and a description of how the public disclosure was made.
4. Religious or Faith -Based Organizations; Inherently Religious Activities;
Non -Discrimination
The following provisions imposed by 24 CFR § 570.2000) applies to all
recipients of CDBG funds through the County, including the Contractor:
a. Eligibility
Organizations that are religious or faith -based are eligible, on the same
basis as any other organization, to participate in the CDBG program.
b. Inherently Religious Activities
Organizations that are directly funded under the CDBG program may
not engage in inherently religious activities, such as worship, religious
instruction, or prose lytization, as a part of the programs or services
funded under 24 CFR Part 570. If the Contractor conducts such
activities, the activities must be offered separately, in time or location,
from the programs or services funded under 24 CFR Part 570, and
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 24 of 35
participation must be voluntary for the beneficiaries of the HUD -funded
programs or services.
c. Discrimination Against Beneficiaries or Prospective Beneficiaries
An organization that participates in the CDBG program shall not, in
providing program assistance, discriminate against a program
beneficiary or prospective program beneficiary on the basis of religion
or religious belief.
d. Structures Used for Inherently Religious Activities
CDBG funds may not be used for the acquisition, construction or
rehabilitation of structures to the extent that those structures are used
for inherently religious activities. CDBG funds may be used for the
acquisition, construction or rehabilitation of structures only to the extent
that those structures are used for conducting eligible activities under
24 CFR Part 570. Where a structure is used for both eligible and
inherently religious activities, CDBG funds may not exceed the cost of
those portions of the acquisition, construction or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting
requirements applicable to CDBG funds in 24 CFR Part 570.
Sanctuaries, chapels or other rooms that a CDBG-funded religious
congregation uses as its principal place of worship, however, are
ineligible for CDBG-funded improvements.
e. Employment discrimination
Pursuant to 24 CFR § 5.109(e), a religious organization's exemption
from the federal prohibition on employment discrimination on the basis
of religion, set forth in section 702(a) of the Civil Rights Act of 1964
(codified at 42 U.S.C. § 2000e-1), is not forfeited when the
organization participates in the HUD program. Notwithstanding the
foregoing, non-discrimination requirements imposed by statute on all
CDBG grantees shall apply to religious and faith -based organizations.
f. Commingling of Funds
If applicable, pursuant to 24 CFR § 570.2000)(6), if the local
government voluntarily contributes its own funds to supplement the
activities funded pursuant to this Contract, the local government has
the option to segregate the federal CDBG funds or commingle them.
However, if the funds are commingled, the requirements of this section
apply to all of the commingled funds.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 25 of 35
VIII. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Contractor agrees to comply with the following requirements insofar as
they apply to the performance of this Contract:
1. Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.;
a. Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et
seq., including but not limited to 33 U.S.C. § 1318 relating to
inspection, monitoring, entry, reports as information, as well as other
requirements specified in 33 U.S.C. §§ 114 and 305, and all
regulations and guidelines issued thereunder; and
b. Environmental Protection Agency ("EPA") regulations pursuant thereto
at 40 CFR Chapter I, as amended.
2. In compliance with said regulations, the Contractor shall enforce and
cause or require to be inserted in full in all contracts and subcontracts with
respect to any non-exempt transaction thereunder funded with assistance
provided under this Contract, the following requirements:
a. A stipulation that any facility to be utilized in the performance or any
non-exempt contract or subcontract is not listed on the List of Violating
Facilities issued by the EPA pursuant to 40 CFR § 15.20.
b. Agreement to comply with all the requirements of Section 114 of the
Clean Air Act, as amended (42 USC § 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended (33 U.S.C. § 1318),
relating to inspection, monitoring, entry, reports, and information, as
well as all other requirements specified in said Sections 114 and 308
and all regulations and guidelines issued thereunder.
c. A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director, Office
of Federal Activities, EPA, indicating that a facility utilized or to be
utilized for the contract is under consideration to be listed on the EPA
List of Violating Facilities.
d. Agreement by the contractor to include or cause to be included the
criteria and requirements in paragraph 1 through 4 of this subsection in
every non-exempt subcontract and requiring that the contractor will
take such actions as the government may direct as a means of
enforcing such provisions.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 26 of 35
e. In no event shall any amount of the assistance provided under this
Contract be utilized with respect to a facility which has given rise to a
conviction under Section 113(c)(1) of the Clean Air Act or Section
309(c) of the Federal Water Pollution Control Act.
In accordance with RCW 39.0,
construction projects shall set
extent they are reasonably
provisions of federal, state
regulations dealing with the pi
the preservation of public natt
by the Project.
B. Environmental Review
1. NEPA
.120, all invitations for bid proposals for
forth in the contract documents, to the
obtainable by the Contractor, those
and local statutes, ordinances and
�vention of environmental pollution and
ral resources that affect or are affected
Pursuant to 24 CFR § 58.4, the County retains environmental review
responsibility for purposes of fulfilling requirements of the National
Environmental Policy Act for each activity carried out with CDBG funds.
The County may require the Contractor to furnish data, information and
assistance for the County's review and assessment in order for the County
to discharge its responsibilities including determining whether the County
must prepare an Environmental Impact Statement.
2. SEPA
The Contractor retains responsibility for fulfilling the requirements of the
State Environmental Policy Act and regulations and ordinances adopted
thereunder.
3. Compliance as Pre -Condition
Performance by the Contractor under
satisfaction of all applicable requirement
Environmental Policy Acts. No funds m;
activity or project before completion of t
approval of the request for release of funds
authorized by 24 CFR Part 58.
C. Flood Disaster Protection
this Contract shall include
of the National and State
y be committed to a CDBG
e environmental review and
related certification, except as
This Contract is subject to the requirements of the Flood Disaster Protection
Act of 1973 (Public Law No. 93-234). In accordance with the requirements of
the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001 et seq.), the
Contractor shall assure that for all activities located in an area identified by
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 27 of 35
the Federal Emergency Management Contractor ("FEMA") as having special
flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained for the mandatory period as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
No portion of the assistance provided under this Contract is approved for
acquisition or construction purposes as defined under Section 3(a) of said
Act, for use in an area identified by the Secretary as having special flood
hazards which is located in a community not then in compliance with the
requirements for participation in the National Flood Insurance Program
pursuant to Section 201(d) of said Act; and the use of any assistance
provided under this Contract for such acquisition or construction in such
identified areas in communities then participating in the National Flood
Insurance Program shall be subject to the mandatory purchase of flood
insurance requirements of Section 102(a) of said Act.
D. Lead -Based Paint
The Contractor agrees that any construction or rehabilitation of residential
structures with assistance provided under this Contract shall be subject to the
HUD lead -based paint regulations found at 24 CFR § 570.608 and 24 CFR
Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing
and require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of
lead -based paint and explain the symptoms, treatment and precautions that
should be taken when dealing with lead -based paint poisoning and the
advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead -based paint is found on
the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of federal funds applied to a
property, paint testing, risk assessment, treatment and/or abatement may be
conducted.
The Contractor shall condition any grants or loans for the rehabilitation of
residential structures made with assistance provided under this Contract upon
compliance with the provisions for the elimination of lead -based paint hazards
in those regulations, and the Contractor shall be responsible for the
inspections and certifications required thereunder.
E. Historic Preservation
The Contractor agrees to comply with the historic preservation requirements
set forth in the National Historic Preservation Act of 1996, as amended (16
U.S.C. § 470 et seq.) and the procedures set forth in 36 CFR Part 800,
Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Contract.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 28 of 35
In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty
years old or older or that are included on a federal, state, or local historic
property list.
IX. RECORDS
A. Maintenance
The Contractor shall maintain all records required by the federal regulations
specified in 24 CFR § 570.506, and the requirements in the Basic Terms and
Conditions, that are pertinent to the activities to be funded under this
Contract. Such records shall include but are not limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the
national objectives of the CDBG program, as required by 24 CFR
§ 570.200(a)(2) and 24 CFR § 570.208;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
6. Financial records as required by 24 CFR § 570.502 and 24 CFR §§ 85.20,
85.41 and 85.42;
7. Other records necessary to document compliance with Subpart K of 24
CFR Part 570; and
8. The Contractor also agrees to generate and maintain sufficient records to
enable the County to determine whether the Contractor has met the
requirements of this Contract and the requirements of 24 CFR § 570.506,
including:
a. Financial management records in the form of separate accounts,
including personnel, property, financial and programmatic records,
which sufficiently and properly reflect all direct and indirect costs of any
nature and all services performed under this Contract, and such other
records as are required under the provisions of the uniform
administrative requirements set forth in Contract;
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 29 of 35
b. Acquisition and relocation records as required by 24 CFR § 70.606;
c. Equal opportunity records, including:
1) A breakdown of persons by race, ethnic group, sex, and age, who
have participated in or benefited from the project; and
2) Data which records its affirmative action in equal opportunity
employment including, but not limited to, employment, upgrading,
demotions, transfers, recruitment or recruitment advertising, layoffs,
or terminations, pay or other compensation, and selection for
training.
d. Section 3 records, including:
1) Data which records its good faith effort to identify, train, and/or hire
lower income residents of the project area; and
2) Data which records utilization of business concerns which are
located in or owned in substantial part by persons residing in the
area of the project.
e. Minority business enterprise participation records, including: data
which records utilization and attempts to utilize minority business
enterprises;
f. Records that demonstrate compliance with one or more of the national
objectives as required by 24 CFR § 570.200(a)(2) and 24 CFR
§ 570.208;
g. Client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service
provided. Such information shall be made available to County
monitors or their designees for review upon request; and
h. The Contractor understands that client information collected under this
Contract is private and the use or disclosure of such information, when
not directly connected with the administration of the County's or
Contractor's responsibilities with respect to services provided under
this Contract, may be prohibited by the Health Insurance Portability
and Accountability Act of 1996 (42 U.S.C. § 1301 et seq.), Chapter
70.02 RCW (Washington Uniform Health Care Information Act),
Chapter 71.34 RCW (mental health services for minors), Chapter
70.96A (alcohol and drug abuse treatment records), RCW
43.63A.655(1)(a) (protection of privacy of homeless individuals), RCW
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 30 of 35
43.185C.030, RCW 70.123.075 and Chapter 40.24 RCW, among
others, unless written consent is obtained from such person receiving
service and, in the case of a minor, that of a responsible parent or
guardian.
B. Retention
The above records and all other financial records, supporting documents,
statistical records and all other records pertinent to this Contract shall be
retained for a period of seven (7) years after close out or termination of this
Contract, except as follows:
1. Records that are the subject of audit, litigation, claims, negotiations or
other actions shall be retained until the completion of the actions and
resolution of all issues or for seven (7) years, whichever occurs later.
2. Records for non -expendable property shall be retained for seven (7) years
after its final disposition.
3. Records for any displaced person shall be retained for seven (7) years
after the person has received final payment.
X. REPORTS
A. The Contractor agrees to submit to the County such reports as the County
requests pursuant to the requirements of state or federal law.
B. At a minimum, the Contractor shall submit an Annual Report in a format
prescribed by the County. The annual project report shall be due two weeks
after the end of each Snohomish County CDBG Program Year (July 1 to June
30) during which Project activities are conducted, shall cover the preceding
one-year period, and shall have the following contents:
1. Project Progress
Progress on the project during the preceding year shall be summarized.
2. Financial Management
Financial information necessary shall be given to show compliance with
the uniform administrative requirements set forth in this Contract.
3. Local Financial Support
Compliance with the Local Financial Support section of this Contract shall
be indicated.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 31 of 35
4. Relocation and Acquisition
Real property acquired, number of persons and businesses relocated,
number remaining in the relocation workload, and a general breakdown of
relocation costs shall be reported.
5. Equal Opportunity
Compliance with the Equal Opportunity requirements of this Contract shall
be documented by:
a. A summary of equal opportunity records;
b. A description of any methods of administration, site selection criteria,
or actions designed to overcome the effects of past discrimination, or
to promote equal opportunities;
c. A description of any site selection policies or actions designed to
further fair housing; and
d. A summary of minority business enterprise participation records.
XI. PROJECT DURATION
A. Suspension or Termination for Cause
In addition to the requirements in the Basic Terms and Conditions, and in
accordance with 24 CFR § 85.43, the County may suspend or terminate this
Contract if the Contractor materially fails to comply with any of the terms of
this Contract.
B. Termination for Convenience
In accordance with 24 CFR § 85.44 and the Basic Terms and Conditions, this
Contract may also be terminated for convenience by either the County or the
Contractor, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the
portion to be terminated. However, if in the case of a partial termination, the
County determines that the remaining portion of the award will not accomplish
the purpose for which the award was made, the County may terminate the
award in its entirety.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 32 of 35
C. After -the -Contract Requirements
1. Close-out
a. The terms of this Contract shall remain in effect during any period that
the Contractor has control over CDBG funds, including program
income. The County will close out the award when it determines, in its
sole discretion, that all applicable administrative actions and all
required work of the grant has been completed. The Contractor will be
so notified by means of a letter.
b. Federally-owned/County-owned Property Reports
In accordance with this contract the Contractor must submit an
inventory of all federally -owned or County -owned property (as distinct
from property acquired with grant funds) for which it is accountable and
request disposition instructions from the County of property no longer
needed.
2. Obligations After Close-out or Termination
The close-out or termination of this Contract does not affect:
a. The County's right to disallow costs and recover funds on the basis of
a later audit or other review;
b. The Contractor's obligation to return any funds due as a result of later
refunds, corrections or other transactions;
c. Records retention as required;
d. Property standards;
e. Audit requirements;
f. Insurance requirements;
g. Use of property requirements;
h. Hold harmless requirements;
i. Indemnification requirements;
j. Venue stipulation;
k. Non -assignability of claims;
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 33 of 35
I. Rights in data;
m. Non -waiver of breach; and
n. Non -assignability of obligations.
3. Collection of Amounts Due
a. Any funds paid to the Contractor in excess of the amount to which the
Contractor is finally determined to be entitled under the terms of the
award constitute a debt to the County. If not paid within a reasonable
period after demand, the County may reduce the debt by:
1) Making an administrative offset against other requests for
reimbursements;
2) Withholding advance payments otherwise due to the Contractor; or
3) Other action permitted by law.
b. Except where otherwise provided by statute or regulation, the County
will charge interest on an overdue debt. The date from which interest
is computed is not extended by litigation or the filing of any form of
appeal.
XII. CAPTIONS
The section headings and subheadings contained in this Contract are included
for convenience of reference only and shall not define, limit or otherwise affect
the terms, scope, or intent of this Contract.
XIII. BREACH BY THE CONTRACTOR
In addition to the requirements in the Basic Terms and Conditions, the following
apply:
A. In the event of a material breach of any of the provisions of this Contract by
the Contractor, the County may given written notice thereof to the Contractor
by registered or certified mail addressed to the Contractor at the notice
address determined pursuant to this Contract. If such violation is not
corrected to the satisfaction of the County within thirty (30) days after the date
such notice is mailed (or within such shorter or longer time as the County, in
its sole discretion, may determine), the County may, without further prior
notice, declare in writing a default under this Contract and terminate or
suspend this Contract.
Exhibit A
HCS-13-21-1302-224
City of Edmonds
Page 34 of 35
B. The County also may, if it deems it appropriate, apply to any court, state or
federal, for remedy for breach of contract; for specific performance of this
Contract; for an injunction against any violation by the Contractor of this
Contract; for the appointment of a receiver to take over and operate the
project in accordance with the terms of this Contract; or for such other and
further relief as may be appropriate, it being agreed by the Contractor that the
injury to the County arising from a default under and of the terms of this
Contract would be irreparable and that it would be extremely difficult to
ascertain the amount of compensation to the County, which would afford
adequate relief, in light of the purposes and policies of the CDBG program.
As an alternative, the County may in its sole discretion decide to submit the
matter to arbitration.
XIV. ENTIRE CONTRACT: MODIFICATION
This Contract constitutes the entire agreement between the parties as to the
subject matter hereof and supersedes all prior discussion and understandings
between them. Proposed modifications which are mutually agreed upon shall be
incorporated by written amendment to this Contract signed by a duly authorized
officer or representative of each of the parties hereto. The County and
Contractor agree that this Contract shall be modified if necessary to achieve
compliance with HUD requirements.
XV. TIME OF THE ESSENCE
Time is of the essence in the performance of each party's obligations under this
Contract. Each party will carry out its obligations under this Contract diligently
and in good faith.
Exhibit A
H CS-13-21-1302-224
City of Edmonds
Page 35 of 35
EXHIBIT B
STATEMENT OF WORK
ADA UPGRADES
I. CDBG PROJECT ACTIVITY
The project is eligible under the National Objective of principally benefiting low- and
moderate -income households as an area wide benefit activity serving low- and
moderate -income households. The project is located in Census Tract 050500, Block
Group #4 where 54.4% of the households are low- and moderate -income.
II. PROJECT DESCRIPTION
Real or personal property improved or acquired with CDBG funds under the Contract
will be used for: ADA upgrades along 3`d Avenue S, between Main Street and Pine
Street, including some bulb -outs.
III. USE OF PROPERTY
The Agency agrees to use real and personal property improved or acquired in whole
or in part with CDBG funds provided under this Contract for the authorized purpose
of ADA Upgrades located along V Avenue. S between Main Street and Dine
Street, Edmonds, WA 98020.
IV. MITIGATING FACTORS (see environmental review) None.
Exhibit B
H C S-13-21-1302-224
City of Edmonds
Page 1 of 2
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SNOHOMISH COUNTY
HUMAN SERVICES DEPARTMENT
EXHIBIT C
APPROVED CONTRACT BUDGET
COST REIMBURSEMENT
PROGRAM TITLE: ADA U rades
AGENCY: City of Edmonds
ADDRESS: 121 5th Avenue N, Edmonds, WA 98020
CONTRACT PERIOD: March 1, 2014 TO February 28. 2015
REVENUE SOURCES:
FUNDS AWARDED UNDER CONTRACT:
REVENUE SOURCE AMOUNT
HUD -Community Development Block Grant $90,000
CFDA 14.218
TOTAL FUNDS AWARDED: $90,000
NON-FEDERAL MATCHING RESOURCES:
TOTAL NON-FEDERAL RESOURCES: $ 0.00
MATCH REQUIREMENTS FOR CONTRACT: PERCENTAGE: N/A AMOUNT: N/A
OTHER PROGRAM RESOURCES (Identify):
SOURCE PERIOD AMOUNT
City funds 3/01/14 to 2/28/15 $35,000
TOTAL OTHER RESOURCES $35,000
Exhibit C
HCS-13-21-1302-224
City of Edmonds
Page 1 of 4
SNOHOMISH COUNTY
HUMAN SERVICES DEPARTMENT
EXPENDITURES
BARS #
CATEGORY
FUND SOURCE:
CDBG
TOTAL
OTHER
RESOURCES
10
SalariesMa es
20
Benefits
30
Supplies
41
Prof. Services
$35,000
42
Postage
42
Telephone
43
Mileage/Fares
43
Meals
43
Lodging
44
Advertising
45
Leases/Rentals
46
Insurance
47
Utilities
48
Re airs/Maint.
49
Printing
49
Dues/Subscript.
49
Re istr/Tuition
64
Machinery/Equip
Misc.
Construction
$90,000
$90,000
TOTAL
1 $90,000 $90,000
$35,000
Exhibit C
HCS-13-21-1302-224
City of Edmonds
Page 2 of 4
SNOHOMISH COUNTY
HUMAN SERVICES DEPARTMENT
EXPENDITURE NARRATIVE
Exhibit C
HCS-13-21-1302-224
City of Edmonds
Page 3 of 4
SNOHOMISH COUNTY
HUMAN SERVICES DEPARTMENT
DETAIL SALARIESMAGES
POSITION
FT/PT
% OF TIME
TO FUND
FUND
TOTAL
MONTHLY
MONTHLY CHG
TO FUND
TOTAL CHG TO
FUND
NA
NA
NA
NA
TOTAL
NOTE: Above figures may reflect rounding
Exhibit C
HCS-13-21-1302-224
City of Edmonds
Page 4 of 4