HomeMy WebLinkAboutItem 09 CDBG Agreetment for Ash MeadowsAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
2/6/2023
Regular Meeting
Erin Fifield / DPW
726-2302
Consent Calendar
SPRINGFIELD Council Goals: Encourage Economic
CITY COUNCIL Development and
Revitalization through
Community Partnerships
ITEM TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT
WITH ST. VINCENT DE PAUL FOR ASH MEADOWS
ACTION
Authorize the City Manager to sign the CDBG agreement with St. Vincent de
REQUESTED:
Paul Society of Lane County, Inc. for funding to replace 14 roofs at the Ash
Meadows low-income affordable housing development.
ISSUE
Each spring, City Council must approve funding allocations for the use of CDBG
STATEMENT:
funds for the next fiscal year in a document called the Annual Action Plan. As
part of the Fiscal Year 2023 CDBG Annual Action Planning Request for
Proposals, St. Vincent de Paul applied for $145,000 to replace 14 roofs as part of
the Ash Meadows low-income affordable housing development.
During their 6/20/2022 Regular Session, Council approved the FY2023 CDBG
Annual Action Plan, which included funding for the Ash Meadows project.
ATTACHMENTS:
1: CDBG Agreement with SVDP for Ash Meadows
DISCUSSION/
A summary of the approved project:
FINANCIAL
IMPACT::
....................................................................................................................................................................................................................................................................................................................................................................................
Applicant / St. Vincent de Paul Society of Lane County, Inc.
:Organization
...... .................................................................................. .................................................................................................................................................................................................................................................................................... :
Project Name Ash Meadows Roof Rehabilitation
..... ......... ......... ......... ......... ......... ......... ......... ..................
Summary Replace roofs on 14 units (out of 18 total) in order to help
Description of maintain this existing stock of affordable housing. St.
proposal Vincent de Paul owns Ash Meadows, an existing
affordable housing complex located at 69t1i and A Streets.
There are 2- and 3 -bedroom units, with rents restricted at
50% and 60% area median income. Ash Meadows is
restricted as affordable housing until. 204.1............................................................................
CDBG $ request $ 145,000
Estimated staff $ 10,000
delivery costs ..............................................................................................................................................................................................................................................................................................................
Staff have been working with St. Vincent de Paul on preparing for this project
and are hopeful it can be completed by the end of Fiscal Year 2023.
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CDBG AGREEMENT
AGREEMENT BETWEEN CITY OF SPRINGFIELD
AND
ST. VINCENT DE PAUL SOCIETY OF LANE COUNTY, INC.
FOR
REHABILITATION OF AN EXISTING AFFORDABLE RENTAL HOUSING DEVELOPMENT
THIS AGREEMENT, entered this day of , 20 by and between the City of
Springfield (hereinafter "Grantee") and Ash Meadows Limited Partnership, by and through its
managing general partner, St. Vincent de Paul Society of Lane County, Inc. (hereinafter
"Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act),
Public Law 93-383, CFDA No. 14.218, FAIN #B -22 -MC -41-0002; and
WHEREAS, the Grantee has awarded a maximum of $145,000 to the Subrecipient for the
purpose of replacing the roofs on 14 units at Ash Meadows, an affordable housing development
at 6903-6971 A Street, Springfield, OR 97478;
NOW, THEREFORE, it is agreed between the parties hereto that;
I . SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Fiscal Year 2023 project
known as rehabilitation of an existing residential building in a manner satisfactory to the
Grantee and consistent with any standards required as a condition of providing these
funds. Such project will include the following activities eligible under the Community
Development Block Grant program:
Activity #1 Replace the roofs on 14 units (7 duplexes), including carports Lots 1-14 of
Ash Meadows subdivision, Lane Co Deeds and Records 2000-41647,
addressed as 6903-6971 A Street.
General Administration
The activity will be administered by Subrecipient's Housing Development Director.
B. National Objectives
The Subrecipient certifies that the activity carried out under this Agreement will carry
out the national objective of benefitting low- and moderate -income (LMI) persons.
C. Levels of Accomplishment — Goals and Performance Measures
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Subrecipient agrees to replace the roofs, including carports, on 14 units (7 duplexes)
within the Ash Meadows subdivision. Subrecipient will not expend more than $145,000 of
grant funds for improvement of the real property, including costs for administrative,
professional, or other services necessary to complete the improvements described herein.
The public service facility being improved with these grant funds will benefit a limited
clientele, 100 percent of whom must be low- or moderate -income (LMI) persons.
Subrecipient will require information on family size and income so that it is evident that
100 percent of the clientele are persons whose family income does not exceed the LMI
limits. See Exhibit A for current HUD income limits.
D. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards as stated above. Substandard performance as determined by the
Grantee will constitute noncompliance with this Agreement. If action to correct such
substandard performance is not taken by the Subrecipient within 30 days after being
notified by the Grantee, Grantee may suspend or terminate this Agreement.
II. TIME OF PERFORMANCE
The Subrecipient shall complete the project (confirmed by the Grantee and after the
final invoice has been paid) by June 30, 2023 unless extended in writing agreed to by
both parties, except as provided herein. Notwithstanding the foregoing, the term of this
Agreement and the provisions herein will automatically be extended to cover any
additional time period during which the Subrecipient remains in control of CDBG funds
or other CDBG assets, including program income.
III. BUDGET
Line Item Amount:
Real Property Improvement $ 145,000
Any indirect costs charged must be consistent with the conditions of Paragraph
VIII (C)(2) of this Agreement. In addition, the Grantee may require a more detailed
budget breakdown than the one contained herein, and the Subrecipient shall
provide such supplementary budget information in a timely fashion in the form
and content prescribed by the Grantee.
IV. PAYMENT
Drawdowns for the payment of eligible expenses shall be made against the line item
budgets specified in Paragraph III herein and in accordance with performance. It is
expressly agreed and understood that the total amount to be paid by the Grantee under
this Agreement will not exceed $145,000.
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V.
VI.
VII.
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Expenses for other eligible costs will also be paid against the line item budgets specified
in Paragraph III, based upon Grantee's receipt of an invoice or invoices from Subrecipient
documenting the other eligible costs. Supporting documentation should be sent to
Accounts Payable, Attention: Erin Fifield, 225 5th Street, Springfield, OR 97477 or email
to AP@springfield-or.gov. Invoices will be paid on net 30 day terms upon City acceptance
of goods delivered, work or services performed.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in 24 CFR 570.502.
NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery
or sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
Communication and details concerning this contract shall be directed to the following
contract representatives:
GRANTEE:
Erin Fifield
Community Development Analyst
225 5" Street
Springfield OR 97477
efifieldgspringfield-or. og_v
PH: 541-726-2302
SPECIAL CONDITIONS
SUBRECIPIENT:
Kristen Karle
Housing Development Director
PO Box 24608
Eugene, OR 97402
kristen.karlegsvdp.us
PH: 541-743-7152
Subrecipient must operate the facility as to be open for use by the general public during
all normal hours of operation. Subrecipient may charge reasonable fees for use of the
facility, except that charges which will have the effect of precluding LMI persons from
using the facilities are not permitted.
GENERAL CONDITIONS
A. General Compliance
The Subrecipient 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 (CDBG)) including subpart K of these regulations,
except that (1) the Subrecipient does not assume the recipient's environmental
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responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume
the recipient's responsibility for initiating the review process under the provisions of 24
CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the funds provided under this
contract. The Subrecipient further agrees to utilize funds available under this Agreement
to supplement rather than supplant funds otherwise available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Subrecipient shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance, as the Subrecipient is an independent
contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all
claims, actions, suits, charges and judgments whatsoever that arise out of the
Subrecipient's performance or nonperformance of the services or subject matter called for
in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
E. Insurance
The Subrecipient shall obtain and keep in effect for the duration of this Agreement a
Comprehensive General Liability insurance policy for at least $2,000,000 combined single
limits per occurrence for Bodily Injury, Property Damage, and Personal Injury and
$3,000,000 aggregate. Subrecipient shall maintain professional liability insurance
covering all employees providing legal services. Coverage by the Oregon Professional
Liability Fund is adequate to meet this requirement.
F. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
Grantee's governing body. Such amendments shall not invalidate this Agreement, nor
relieve or release the Grantee or Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
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reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Grantee and Subrecipient.
G. Suspension or Termination
In accordance with 2 CFR part 200 subpart D, the Grantee may suspend or terminate this
Agreement if the Subrecipient materially fails to comply with any terms of this Agreement,
which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred
to herein, or such statutes, regulations, executive orders, and HUD
guidelines, policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
This Agreement may also be terminated for convenience by either the Grantee or the
Subrecipient, 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 Grantee determines that the remaining
portion of the award will not accomplish the purpose for which the award was made, the
Grantee may terminate the award in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Uniform Requirements
The Subrecipient agrees to comply with the applicable uniform requirements in
24 CFR 570.502.
B. Documentation and Record Keeping
Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506, that are pertinent to the activities to be funded under
this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity being assisted
with CDBG funds, including the records documenting the acquisition,
improvement, use or disposition of real property acquired or improved with
CDBG assistance, and the amount of CDBG funds budgeted, obligated and
expended for the activity.
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b. Records demonstrating that the activity will benefit a limited
clientele, at least 100 percent of whom are LMI persons. Where
information on income by family size is required, the recipient may
substitute evidence establishing that the person assisted qualifies under
another program having income qualification criteria at least as restrictive
as that used in the definitions of "low and moderate income person" and
"low and moderate income household" (as applicable) at 24 CFR 570.3,
such as Job Training Partnership Act (]TPA) and welfare programs; or the
recipient may substitute evidence that the assisted person is homeless; or
the recipient may substitute a copy of a verifiable certification from the
assisted person that his or her family income does not exceed the
applicable income limit established in accordance with 24 CFR 570.3; or
the recipient may substitute a notice that the assisted person is a referral
from a state, county or local employment agency or other entity that agrees
to refer individuals it determines to be low and moderate income persons
based on HUD's criteria and agrees to maintain documentation supporting
these determinations.) Such records shall include the data showing the size
and annual income of the family of each person receiving the benefit.
C. Records which demonstrate compliance with § 570.503 (b)(7)
regarding any change of use of real property acquired or improved with
CDBG assistance.
d. Documentation of actions undertaken to meet the requirements of
§ 570.607(b) which implements section 3 of the Housing Development Act
of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training
of low and moderate income persons and the use of local businesses.
e. Data indicating the racial/ethnic character of each business entity
receiving a contract or subcontract of $25,000 or more paid, or to be paid,
with CDBG funds, data indicating which of those entities are women's
business enterprises as defined in Executive Order 12138, the amount of
the contract or subcontract, and documentation of recipient's affirmative
steps to assure that minority business and women's business enterprises
have an equal opportunity to obtain or compete for contracts and
subcontracts as sources of supplies, equipment, construction and services.
Such affirmative steps may include, but are not limited to, technical
assistance open to all businesses but designed to enhance opportunities
for these enterprises and special outreach efforts to inform them of
contract opportunities. Such steps shall not include preferring any business
in the award of any contract or subcontract solely or in part on the basis
of race or gender.
f. Financial records, in accordance with the applicable requirements
listed in § 570.502. Such documentation must include, to the extent
applicable, invoices, schedules containing comparisons of budgeted
amounts and actual expenditures, construction progress schedules signed
no
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by appropriate parties (e.g., general contractor and/or a project architect),
and/or other documentation appropriate to the nature of the activity.
g. Records required to be maintained in accordance with other
applicable laws and regulations set forth in subpart K of this part.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of four (4)
years. The retention period begins on the date of the submission of the Grantee's
annual performance and evaluation report to HUD in which the activities assisted
under the Agreement are reported on for the final time. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other actions that involve
any of the records cited and that have started before the expiration of the four-
year period, then such records must be retained until completion of the actions
and resolution of all issues, or the expiration of the four-year period, whichever
occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client identifier,
City of residence, income level or other basis for determining eligibility, race and
ethnicity, and description of service provided. Such information shall be made
available to Grantee monitors or their designees for review upon request.
4. Disclosure
The Subrecipient 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 Grantee's or Subrecipient's
responsibilities with respect to services provided under this contract, is prohibited
unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian.
5. Close-outs
The Subrecipient's obligation to the Grantee shall not end until all close-out
requirements are completed. Activities during this close-out period shall include,
but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the Grantee), and
determining the custodianship of records. Notwithstanding the foregoing, the
terms of this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections
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All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the Grantee, grantor agency, and the Comptroller
General of the United States or any of their authorized representatives, at any time
during normal business hours, as often as deemed necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any deficiencies noted in
audit reports must be fully cleared by the Subrecipient within 30 days after receipt
by the Subrecipient. Failure of the Subrecipient to comply with the above audit
requirements will constitute a violation of this contract and may result in the
withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning
subrecipient audits and 2 CFR part 200.
C. Reporting and Payment Procedures
Program Income
It is not anticipated that the activities subject to this Agreement will generate any
program income.
2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the Grantee for approval, in a
form specified by the Grantee.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and Grantee policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
the Subrecipient, and not to exceed actual cash requirements. Payments will be
adjusted by the Grantee in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the Grantee reserves the
right to liquidate funds available under this contract for costs incurred by the
Grantee on behalf of the Subrecipient.
4. Reports
The Subrecipient shall submit annual reports on household size and income
for each unit no later than August 1 for 5 years following the Completion of
the project, as referenced in Time of Performance.
D. Procurement
Compliance
M.
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The Subrecipient shall comply with current Grantee policy concerning the purchase
of equipment and shall maintain inventory records of all non -expendable personal
property as defined by such policy as may be procured with funds provided herein.
All program assets (unexpended program income, property, equipment, etc.) shall
revert to the Grantee upon termination of this Agreement.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure
all materials, property, or services in accordance with the requirements of 24 CFR
84.40-48.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall
be in compliance with the requirements of 24 CFR 570.502, 570.503, and 570.504,
as applicable, which include but are not limited to the following:
The Subrecipient shall transfer to the Grantee any CDBG funds on hand
and any accounts receivable attributable to the use of funds under this
Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with funds under this Agreement in excess
of $25,000 shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208 until five (5) years after expiration of this
Agreement, at least through June 30, 2026. If the Subrecipient fails to use
CDBG-assisted real property in a manner that meets a CDBG National
Objective for the prescribed period of time, the Subrecipient shall pay the
Grantee an amount equal to the current fair market value of the property
less any portion of the value attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to, the property. Such payment
shall constitute program income to the Grantee. The Subrecipient may
retain real property acquired or improved under this Agreement after the
expiration of the five-year period.
3. In all cases in which equipment acquired, in whole or in part, with funds
under this Agreement is sold, the proceeds shall be program income
(prorated to reflect the extent to that funds received under this Agreement
were used to acquire the equipment). Equipment not needed by the
Subrecipient for activities under this Agreement shall be (a) transferred to
the Grantee for the CDBG program or (b) retained after compensating the
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Grantee an amount equal to the current fair market value of the equipment
less the percentage of non-CDBG funds used to acquire the equipment.
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24 and 24 CFR 570.606(b); and (b) the requirements of 24
CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance
Plan under section 104(d) of the HCD Act.
The Subrecipient 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.
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
Compliance
The Subrecipient agrees to comply with local and state civil rights statutes and
ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title
I of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24
CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the HCDA are still applicable.
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 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 Subrecipient shall cause or require a covenant running
with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, 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,
providing that the Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. The Subrecipient, in undertaking its obligation to carry
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out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against the individuals with disabilities or handicaps
in any Federally assisted program. The Grantee shall provide the Subrecipient with
any guidelines necessary for compliance with that portion of the regulations in
force during the term of this Agreement.
B. Affirmative Action
1. Employment and Contracting Opportunities
To the extent that they are otherwise applicable, grantees shall comply with: (a)
Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086,
and 12107 (3 CFR 1964-1965 Comp. p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3
CFR, 1966-1970., p. 803; 3 CFR, 1978 Comp., p. 230; 3 CFR, 1978 Comp., p. 264
(Equal Employment Opportunity), and Executive Order 13279 (Equal Protection of
the Laws for Faith—Based and Community Organizations), 67 FR 77141, 3 CFR,
2002 Comp., p. 258; and the implementing regulations at 41 CFR chapter 60; and
(b) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) and implementing regulations at 24 CFR part 135 prior to November 30,
2020, and 24 CFR part 75 on and after November 30, 2020.
2. Women- and Minority -Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable
opportunity to participate in the performance of this contract. As used in this
contract, the terms "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and
AAminorityand women's business enterprise" means a business at least fifty-one
(51) percent owned and controlled by minority group members or women. For the
purpose of this definition, "minority group members" are Afro-Americans, Spanish-
speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and
American Indians. The Subrecipient may rely on written representations by
businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records
The Subrecipient 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 Grantee, HUD or its agent,
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or other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice, to be provided by the agency contracting officer, advising the labor
union or worker's representative of the Subrecipient's commitments hereunder,
and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by
reference, so that such provisions will be binding upon each of its own
subrecipients or subcontractors.
C. Employment Restrictions
Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; inherently
religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis -Bacon Act as amended, the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) 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 Agreement. The
Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874
et seq.) and its implementing regulations of the U.S. Department of Labor at 29
CFR Part 5. The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation
shall be made available to the Grantee for review upon request.
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The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided
under this contract, shall comply with Federal requirements adopted by the
Grantee 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
Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such contracts
subject to such regulations, provisions meeting the requirements of this
paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135,
and all applicable rules and orders issued hereunder prior to the execution
of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the Grantee, the
Subrecipient and any of the Subrecipient's subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the
Grantee, the Subrecipient and any of the Subrecipient's subrecipients and
subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The
Subrecipient certifies and agrees that no contractual or other disability
exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts
executed under this Agreement:
"The work to be performed under this Agreement 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
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residing in the metropolitan area in which the project is
located."
The Subrecipient further agrees to ensure that opportunities for training
and employment arising in connection with a housing rehabilitation
(including reduction and abatement of lead-based paint hazards), 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.
The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice advising said
labor organization or worker's 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.
Suhrontrarts
The Subrecipient 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 the grantor
agency. The Subrecipient 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.
D. Conduct
Assignability
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The Subrecipient shall not assign or transfer any interest in this Agreement without
the prior written consent of the Grantee thereto; provided, however, that claims
for money due or to become due to the Subrecipient from the Grantee under this
contract may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be furnished
promptly to the Grantee.
2. Subcontracts
Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this contract without the written consent
of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be
summarized in written reports and supported with documented evidence
of follow-up actions taken to correct areas of noncompliance.
Content
The Subrecipient shall cause all of the provisions of this contract in its
entirety to be included in and made a part of any subcontract executed in
the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the
performance of this Agreement 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
Grantee along with documentation concerning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611,
which include (but are not limited to) the following:
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The Subrecipient 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.
b. No employee, officer or agent of the Subrecipient 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,
would be involved.
No covered persons who exercise or have exercised any functions
or responsibilities with respect to CDBG-assisted activities, or who
are in a position to participate in a decision-making process or gain
inside information with regard to such activities, may obtain a
financial interest in any contract, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-
assisted activity, or with respect to the proceeds from the CDBG-
assisted activity, either for themselves or those with whom they
have business or immediate family ties, during their tenure or for a
period of one (1) year thereafter. For purposes of this paragraph,
a "covered person" includes any person who is an employee, agent,
consultant, officer, or elected or appointed official of the Grantee,
the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by
or on behalf of it, 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, it will complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
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It will require that the language of paragraph (d) of this certification
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:
d. Lobbying Certification
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S.C. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee
and/or grantor agency reserves the right to royalty -free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize others
to use, the work or materials for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as
worship, religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply
to the performance of this Agreement:
- Clean Air Act, 42 U.S.C. , 7401, etseq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, etseq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 114 and
Section 308, and all regulations and guidelines issued thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part
50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified
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by the Federal Emergency Management Agency (FEMA) as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained and maintained
as a condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead -Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint
Regulations 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.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) 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 agreement.
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.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive
its right to act with respect to subsequent or similar breaches. The failure of the Grantee
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C3292
to exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the
Subrecipient for the use of funds received under this Agreement and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or written
between the Grantee and the Subrecipient with respect to this Agreement.
Date
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF SPRINGFIELD
By
Nancy Newton
City Manager
REVIEWED & APPROVED
AS TO FORM
Kri a mv, KrggS
DATE:
SPRINGFIELD CITY ATTORNEY'S OFFICE
ST. VINCENT DE PAUL SOCIETY OF LANE
COUNTY, INC.
By
Terrence R. McDonald
Executive Director
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EXHIBIT A
Community Development Block Grant (CDBG) funds serve low-income persons in the city of Springfield
based on the terms and conditions set forth herein.
1. All services provided by CDBG funds must serve Springfield residents of extremely low, very low
or low- income directly.
2. Eligibility of clients/households must be determined according to the most current HUD CDBG
Income Guidelines for Springfield, OR posted by HUD at
https://www.hudexchange.info/resource/5334/cdbg-income-limits/
Income Limits effective June 15, 2022:
Attachment 1 Page 20 of 20
Extremely
Very
2022
Low-income
Low-income
Low-income
Household*
30% of Area
Median Income
50% of Area
80% of Area
Size
(annual)
Median Income
Median Income
(annual)
(annual)
1
$16,750
$27,900
$44,600
2
$19,150
$31,850
$51,000
3
$21,550
$35,850
$57,350
4
$23,900
$39,800
$63,700
5
$25,850
$43,000
$68,800
6
$27,750
$46,200
$73,900
7
$29,650
$49,400
$79,000
8
$31,550
$52,550
$84,100
Attachment 1 Page 20 of 20