HomeMy WebLinkAbout2003-231 Contract - DA Boldt ConstructionCITY OF
dkSHLAND
CITY OF ASHLAND (CITY)
20 East Main Street
Ashland, Oregon 97520
Telephone: (541) 488-5350
FAX: (541) 488-5311
CONTRACT FOR WORK LESS THAN $25,000
CONTRACTOR: D.A. Boldt Construction Co
Address: PO Box 998, Ashland, OR 97520
Telephone: 482-4865 FAX:482-7190
DATE OF AGREEMENT: 18 Dec 03 BEGINNING DATE FOR WORK: 22 Dec 03
COMPENSATION: $14388.00 COMPLETION DATE: 20 Feb 04
WORK TO BE PROVIDED: Remodel existing two restrooms to create two new ADA compliant
restrooms. See detail in proposal.
ADDITIONAL TERMS: See attached CDBG Agreement for Public Improvement Projects. Compensation does not
include labor and materials for repairs to floor system that may be necessary as a result of water intrusion.
CITY AND Contractor AGREE:
1. All Costs by Contractor: Contractor shall, at its own risk and expense, perform the work described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper
performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that all
personnel assigned to the work required under this contract are fully qualified to perform the work to which
they will be assigned in a skilled and workerlike manner and, if required to be registered, licensed or
bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a
current City business license.
3. Completion Date: Contractor shall start performing the work under this contract by the date indicated
above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for work performed, including costs and expenses, the sum
specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the
month for work completed in the prior month. Payments shall be made within 30 days of the date of the
invoice. Should the contract be prematurely terminated payments will be made for work completed and
accepted to date of termination. Compensation under this contract, including all costs and expenses of
Contractor, is limited to $25,000.00 and City shall not be obligated to pay any sum in excess of $25,000.00
unless a separate written contract is entered into by City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the
property of City.
6. Statutory Requirements: ORS 279.312,279.314,279.316 and 279.320 are made part of this contract.
7. Livin.q Wage Requirements: If the amount of this contract is $15,713 or more, and Contractor is not
paying prevailing wage for the work, Contractor must comply with chapter 3.12 of the Ashland Municipal
Code by paying a living wage, as defined in this chapter, to all employees performing work under this
contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor
must post the attached notice predominantly in areas where it will be seen by all employees.
8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and
agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or
other damages resulting from injury to any person (including injury resulting in death,) or damage
(including loss or destruction) to property, of whatsoever nature arising out of or incident to the
performance of this contract by Contractor (including but not limited to, Contractor's employees, agents,
and others designated by Contractor to perform work or services attendant to this contract.) Contractor
shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or
other damages, directly, solely, and approximately caused by the negligence of City.
9. Termination: This contract may be terminated by City by giving ten days written notice to Contractor and
may be terminated by Contractor should City fail substantially to perform its obligations through no fault of
Contractor.
10. Independent Contractor Status: Contractor is an independent contractor and not an employee of the
City. Contractor shall have the complete responsibility for the performance of this contract. Contractor
shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to
perform work pursuant to this contract and prior to commencing any work, Contractor shall provide City
with adequate proof of workers' compensation coverage. Contractor is a subject employer that will comply
with ORS 656.017.
11. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement,
maintain in force a comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this Contract, blanket contractual liability, products and completed operations,
owner's and contractor's protective insurance and comprehensive automobile liability including owned and
non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence
(combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily
injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named
as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk
Manager prior to the commencement of any work by Contractor under this agreement. These certificates
shall contain provision that coverages afforded under the policies can not be canceled and restrictive
modifications cannot be made until at least 30 days prior written notice has been given to City.
12. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of
the work without the written consent of City. Any attempted assignment or subcontract without written
consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns
or subcontractors and of all persons employed by them, and the approval by City of any assignment or
subcontract shall not create any contractual relation between the as, si,g,nee or subco.~actor and City.
CONTRACTOR ~' OF C/ND.
~~ ' - City Adi'ninistrator
TITLE ~r"'~/.~.9 /~/'.z-. ¢,t~ ~ Or
BY
Finance Director
DATE
CONTENT REVIEW
DATE / J/.T),CE.,¢ ~
PURCHASE ORDER#
# ~10.O1~.~. (:X:~.
ACCOUNT
(for City purposes only)
CITY OF ASHLAND WORK CONTRACT<S25,000 (contract for work form 10-02,2. doc.docdoc)
NOV 04 2003 IO:O?RH HP LRSERJET 3200
P.O. Box 99&, A.~HLAND. OR£CON 97520, 541/4~2-4,~65 FAX: 54 I}482-7190 · DASOLDT@FIIND.NET
November 4, 2003
Dale Peters
City of Ashlan~
Project: Pioneer Hall Restroom Remodel
Ashland, Oregon
Scope of Project: Ranodd e~t~In~ ~ s~l r~roo~ to crmt~ m,w r~troom
R~move sinks and toilets of two e~fsting resiroom
Modify wall framing per d~wings
Modify ptm'abing lines for new restroom fixtures and install fixtures
Provide and install door locksets
Remove, salvage and reinstall door trim and base
Provide and install new lx6 door trim and base molding as nece~ary
Install and finish 5/8'* she~ock for drywall with smooth finish
Patch drywall where necessary
Pa~t walls and ceilings ~
Stain and seal nvw wood work
Plumbing fxxUges and faucets
Electrical wiring arsd fmtures and installation of such
Toilet partitions and installation
Restroom door closures and instaIlatJon
Floor covering and installation
Proposal does not include material or labor for repa~ to the floor system that may be
necessary as a result ofvrater intrusion.
Total cost: $14,388.00
Includes an allowance of $120.00 for door locksets and hardware
Darrell A, Boldt
Presidem
City of As d
per hour effective June 30, 2003
Increases annually every June 30 by the
Consumer Price Index)
For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $15,713 or more.
For all hours worked in a
month if the employee
spends 50% or more of the
employee's time in that month
working on a project or portion of
business of their employer, if the
employer has ten or more
employees, and has received
financial assistance for the project
or business from the City of
Ashland in excess of $15,713.
If their employer is the City of
Ashland including the Parks
and Recreation Department.
In calculating the living wage,
employers may add the value of
health care, retirement, 401K and
IRS eligible cafeteria plans
(including childcare) benefits to
the amount of wages received by
the employee.
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at vwvw. ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all
employees.
CiTY OF
, SHLAND
SUBRECIPIENT AGREEMENT COVER SHEET
WRITTEN AGREEMENT FOR PUBLIC IMPROVEMENT PROJECTS
FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
Project Title:
SUBRECIPIENT Name:
SUBREClPIENT Contact:
Telephone Number:
Address:
PIOtlEER HALL RESTROOM IHPROVE,HEIIT
City of Ashland Public Works Dept
Dale Peters
552-2292 direct
51 Winburn Way
Ashland, OR, 97520
Mailing Address:
City Hall, Public Works
20 East Main Street
Ashland, OR 97520
Agreement Amount:
Description:
$16,841
To complete the interior accessibility improvements to the
Pioneer Hall Restrooms located at 73 Winburn Way.
Improvements to include enlarging the restrooms by re-
framing the walls, new (wider) doorways, new grab bars, new
fixtures, and related plumbing and electrical work.
City Contact: Brandon Goldman
Telephone Number: 552.2076
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Page 1
TABLE OF CONTENTS
SUBRECIPIENT AGREEMENT
1. Parties
2. Term of Agreement
3. Payment Limit
4. Subrecipient's Obligations
5. City's Obligations
6. General and Special Conditions
7. Other Attachments
8. Information and Reports
9. Integration
10. Attomey Fees
11. Severability
12. Notices
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-I: PROGRAM DESCRIPTION
EXHIBIT
1.
2.
3.
4.
5.
6.
B: EXPENDITURE, PAYMENT AND BUDGE PROVISIONS
Program Expenditures
Budge Revisions
Unexpended Funds
Payment Provisions
Invoice Documentation
Program Income
EXHIBIT B-I: LINE ITEM BUDGET
EXHIBIT C: SPECIAL CONDITIONS 1. Program Administration
2. Designated Staff
3. Reporting
4. Client Confidentiality
5. Bilingual Assistance
EXHIBIT D:
1.
2.
3.
4.
5.
6.
7.
GENERAL CONDITIONS
Termination for Cause
Termination for Convenience
Enforcement and Remedies
Disputes
Agreement Changes
Agreement Renewal
Further Specifications for Operating Procedures
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Page 2
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
32.
33.
34.
35.
Non-Discrimination and Affirmative Action
Access to Records
Maintenance of Records
Audit Requirements
Monitoring
Indemnity and Hold Harmless
Insurance Requirements
Minimum Scope of Insurance
Subcontracting and Assignment
Independent Contractor Status
Compliance with Laws
Conflicts of Interest
Agreement Administration
Property Management
Program Income
Expiration/Reversion of Assets
Oregon Law and Forum
Availability of Funds
Minimizing Displacement
Program Access by the Disabled
Publicity
Lobbying
Church-State
Nonsubstitution for Local Funding
Copyrights and Rights in Data
Nonparticipation in Political Activities
Real Property Acquisition
Environmental Review
EXHIBIT E: INVOICE FOR SERVICES
EXHIBIT F: STATISTICAL REPORT
EXHIBIT F-I: CDBG CLIENT/HOUSEHOLD INFORMATION FORM
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Page 3
CITY OF ASHLAND
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SUBRECIPIENT AGREEMENT FOR PUBLIC IMPROVEMENT PROJECTS
FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
The parties to this Agreement agree as follows:
1. Parties. The parties to this Agreement are the CITY OF ASHLAND, OREGON (City) and the
below-named Subrecipient (Subrecipient):
2. Term of Agreement. The effective date of this Agreement is December 18, 2003 and it
terminates December 31, 2004 unless sooner terminated as provided in this agreement.
3. Payment Limit. City's total payments under this Agreement shall not exceed $16,841
4. Subrecipient's Obligations. Subrecipient shall provide those services and carry out that
work described in the Scope of Work attached as Exhibits A and A-I.
5. City's Obligations. City shall make to the Subrecipient those payments described in the
Payment Provisions and Budget attached as Exhibit B.
6. General Conditions and Special Conditions. This Agreement is subject to the Special
Conditions attached as Exhibit C and the General Conditions attached as Exhibit D.
7. Other Attachments. This Agreement includes the Invoice for Services attached as Exhibit E,
the Statistical Report attached as Exhibit F, and the CDBG Client/Household Information Form,
attached as Exhibit F-1.
8. Information and Reports. The Agreement shall, at such time and in form as the City may
require, furnish such periodic reports conceming the status of this Agreement, such statements,
certificates, approvals and copies of the proposed and executed plans and claims, and other
information relative to this Agreement as may be requested by the City. The Subrecipient shall
furnish the City, upon request, with copies of all documents and other materials prepared or
developed in relation with or as part of this Agreement.
9. Integration. This Agreement, including the attached exhibits, contains the entire agreement
between the parties and supersedes all prior written or oral discussions or agreements.
10. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of the City to obtain
performance of any kind under this Agreement, Subrecipient agrees to pay such additional sums
as the court may adjudge for reasonable attorney fees ant to pay all costs and disbursements
incurred.
11. Severability. The parities agree that if any term or provision of this Agreement is declared by
a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions
shall not be affected.
12. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be sent by
the parties in the United States mail, postage paid, or personally delivered to the addresses
below:
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Page 4
City of Ashland Contact
Brandon Goldman, Assistant Planner
Department of Community Development
Planning Division
City of Ashland
20 East Main Street
Ashland, OR 97520
Subrecipient Contact
Dale Peters
Department of Public Works
Facility Maintenance Division
City of Ashland
20 East Main Street
Ashland, OR 97520
SUBRECIPIENT:
Date: \~ ~-~__~__~ ~)~
OF A ND:
By: .
Title: City Administrator
Da~e: ' ~"/(
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Page 5
EXHIBIT A
SCOPE OF SERVICES
Subrecipient shall provide services described in the Project Description, Exhibit A-1.
Project Description, Exhibit A-1 shall include the Subrecipient name, address, telephone
number, name of contact, name of signatory officer with title and position, and a
statement of work. The statement of work shall include a description of the work to be
provided, the purpose and nature of the services to be provided, including where they will
be offered, the specific tasks to be performed, the level of service that will be provided
(must be quantifiable level of service, e.g., installation of an accessible bathroom within a
public facility), and the time schedule for the performance of work with target levels of
service indicated at specific points in time.
Subrecipient shall ~ubmit reports as required in Special Conditions, Exhibit C and
General Conditions, Exhibit D.
National Objective
The population (clients) benefiting from the CDBG-assisted activities must be comprised
of at least 51% or more Iow to moderate-income persons as classified by the U.S.
Department of Housing and Urban Development (HUD) in the table below. A Iow- to
moderate-income person is defined by the HUD as a member of a family having an
income equal to or less than the Iow- to moderate-income limits established by HUD in
the table below.
If an activity benefits a clientele who are generally presumed to be principally Iow- and
moderate-income persons it is considered a presumed benefit activity. Activities that
exclusively serve a group of persons in any one or a combination of the following
categories may be presumed to benefit persons, 51 percent of whom are Iow and
moderate income: abused children, battered spouses, elderly persons, adults meeting
the Bureau of the Census' Current Population Reports definition of "severely disabled,"
homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers.
An activity, the benefits of which are available to all the residents in a particular area,
where at least 51 percent of the residents are Iow- and moderate-income persons. Such
an area need not be coterminous with census tracts or other officially recognized
boundaries but must be the entire area served by the activity. An activity that serves an
area that is not primarily residential in character shall not qualify under this criterion.
An activity that serves to remove material or architectural barriers to the
mobility or accessibility of elderly persons or of adults meeting the Bureau
of the Census' Current Population Reports definition of "severely disabled"
will be presumed to qualify under this criterion if it is restricted, to the
extent practicable, to the removal of such barriers by assisting the
reconstruction of a public facility or improvement.
Public facilities and improvements. Acquisition, construction,
reconstruction, rehabilitation or installation of public facilities and
improvements, except as provided in 570.207(a), of the Community
development Block Grant Entitlement Program Regulations 24 CFR 570,
carried out by the recipient or other public or private nonprofit entities.
Activities under this paragraph may be directed to the removal of material
and architectural barriers that restrict the mobility and accessibility of
elderly or severely disabled persons to public facilities and improvements,
including those provided for in 570.207(a)(1).) In undertaking such activities,
design features and improvements which promote energy efficiency may be included.
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Such activities may also include the execution of architectural design features, and
similar treatments intended to enhance the aesthetic quality of facilities and
improvements receiving CDBG assistance, such as decorative pavements, railings,
sculptures, pools of water and fountains, and other works of art.
Subrecipient shall collect the family size and income information from every client served
by the CDBG funded services described herein using the CDBG Client/Family
Information Form, Exhibit F-1 provided for in Condition 3, Exhibit C. A family is defined
by HUD as all persons living in the same household who are related by blood, marriage,
or adoption. An individual living in a housing unit that contains no other person(s) related
to him/her is considered to be a one person family for this purpose. Adult children who
continue to live at home with their parent(s) are considered to be part of the family for this
purpose and their income must be counted in determining the total family income. A
dependent child who is living outside of the home (e.g. students living in a dormitory or
other student housing) is considered for these purposes to be part of the family upon
which he/she is dependent, even though he/she is living in another housing unit.
Subrecipient shall maintain family size and income information on all clients which may
be reviewed by the City as provided for in Condition 4, Exhibit C. Statistical Reports,
Tables 1 and 3 of Exhibit F, summarizing the family size, income and demographic
information shall be submitted to the City no later than 15 days after the end of each
claim quarter commencing Jan 1, 2004, and concluding Dec 31, 2004. Current income
limits are as follows.
Income Limits by Family Size: S/year
*For the Medford-Ashland Statistical Area as determined by the Department of Housing and Urban Development FY2003.
Income Level Number of Persons in Family
Category
1 2 3 4 5 6 7 8+
Extremely Low Income 10,400 11,900 13,350 14,850 16,050 17,250 18,400 19,600
Low Income 17,350 19,800 22,300 24,300 26,750 28,700 30,700 32,650
Moderate Income 27,700 31,700 35,650 39,600 42,750 45,950 49,100 52,250
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
EXHIBIT B
EXPENDITURE, PAYMENT AND BUDGET PROVISIONS
Program Expenditures
Subrecipient shall expend up to the Agreement amount in accordance with the
Subrecipient Agreement, Item 3 and the Line Item Budget, Exhibit B-I.
Budget Revisions
Subrecipient has the flexibility to spend 10 percent above or below budgeted line items
without a budget adjustment as long as total amount does not exceed the Agreement
amount. Once the Line Item Budget, Exhibit B-l, has been approved through the
execution of this Agreement, there can be no more than four requests for adjustments to
budget line item amounts during the Agreement period, including any final adjustments
done at the end of the program year, December 31, 2004.
Budget adjustments (i.e., those adjustments which do not alter (1) the basic scope of
services or other performance to be provided under this Agreement, or (2) the total
amount of money allocated hereunder) may be made upon mutual agreement between
the parties and shall only be valid when reduced to writing, and approved and signed by
the Subrecipient and the Director of the Department of Community Development.
Unexpended Funds
Any unexpended or unobligated funds remaining as of December 31,2004 shall be
resumed to City unless approval to extend Agreement is authorized by City prior
September 1, 2004 in accordance with General Conditions, Exhibit D, Item 5.
Payment Provisions
Payment will be made by the City up to the amount of the Agreement upon receipt of a
properly executed Invoice for Services Provided form, Exhibit E. Invoices and reports
shall be signed by Subrecipient's authorized representatives. Invoices will be
submitted to the City CDBG Contact, Department of Community
Development/Planning Division, City of Ashland, 51 Winburn Way, Ashland, OR
97520.
Invoices and reports shall be submitted quarterly, no later than 15 days after the end of
each claim quarter commencing January 1, 2004 and concluding in December 31,2004,.
Final invoice will be submitted to the City within 30 days of the end of the Agreement,
December 31, 2004.
Invoice Documentation
All invoices shall be supported with signed and dated documentation such as bills,
receipts, invoices, payroll records and time sheets. Documentation shall adequately
identify the source and application of funds for activities within this Agreement in
accordance with the provisions of 24 CFR 85.20, and shall contain information pertaining
to grant awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays and income. All documentation shall be maintained in Subrecipient's files for not
less than five years.
Program Income
For CDBG funded projects, the Subrecipient shall comply with provisions of 24 CFR
570.504(c) and 570.500 regarding program income. Program income is defined by HUD
as the gross income received by a subrecipient directly generated from the use of CDBG
funds. Program income includes, but is not limited to, the following: 1) proceeds from
the disposition by sale or long-term lease of real property purchased or improved with
CDBG funds; 2) proceeds from the disposition of equipment purchased with CDB funds;
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
3) gross income from the use or rental of real or personal property acquired by a
subrecipient with CDBG funds, less costs incidental to generation of the income; 4) gross
income from the use or rental of real property owned by a subrecipient that was
constructed or improved with CDBG funds, less costs incidental to generation of income;
5) payments of principal and interest on loans made using CDBG funds; 6) proceeds
from the sale of loans made with CDBG funds; 7) proceeds from sale of obligations
secured by loans made with CDBG funds; 8) interest earned on program income pending
its disposition; and 9) funds collected through special assessment made against
properties owned and occupied by households not of Iow and moderate income, where
the assessments are used to recover all or part of the CDBG portion of a public
improvement.
The Subrecipient shall record the receipt and expenditure of program income. The
Subrecipient shall submit program income reports with invoices and statistical reports
quarterly, no later than 15 days after the end of each claim quarter commencing January
1, 2004 and concluding in December 31, 2004.
Program income shall be retained by the Subrecipient provided that it shall be used
exclusively for eligible activities as defined in the CDBG Regulations (24 CFR Part 570).
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
EXHIBIT C
SPECIAL CONDITIONS
Program Administration
The Subrecipient is solely responsible for the conduct of the contracted program. Its
employees and agents shall not be deemed employees or agents of the City unless
regular employees of the City of Ashland complete the actual work performed. The
Subrecipient will perform all necessary and customary functions in the management and
supervision of Subrecipient personnel for all work performed under the Agreement.
Project activities will be completed in compliance with the terms of this Agreement and
the regulations applicable to this program. Specific project activities, which trigger formal
procedural regulation, include the following: Subcontracting, Conflict of Interest,
Procurement, Nondiscrimination and Public Information.
Designated Staff
The Subrecipient shall designate an individual responsible for carrying out the contracted
program, including coordination with City CDBG Administration Staff. Subrecipient shall
further designate one or more individuals authorized to sign payment requests under this
Agreement. The names and signatures of these individuals shall be provided to City and
maintained in City's program files.
City shall designate an individual as City Contact to be responsible for administration of
this Agreement. The name of such designated individual shall be provided to the
Subrecipient.
Reporting
Statistical Reports and an Invoice for Services will be submitted to the City no later than
15 days after the end of each claim quarter commencing January 1,2004, and
concluding December 31, 2004. The Subrecipient shall collect the family size and
income information from every client served by the CDBG funded services described
herein using the CDBG Client/Family Information Form, Exhibit F-I. A final report
describing program achievements, a comparison to objectives and discussion of
problems and solutions, shall be submitted within 30 days of the end of the Agreement,
December 31, 2004. Reports shall include statistical reports covering the program
period, to date.
Client Confidentiality
Subject to the requirements of Oregon Public Records Law, ORS 192.410 to 192.505, all
client information, including lists of persons receiving services obtained by the
Subrecipient in the performance of Agreement, shall be considered confidential and not
divulged for any purpose not directly connected with the administration of the Agreement
or monitoring and evaluation by City. City shall be allowed to review a sampling of case
work history information to determine the adequacy of record keeping and quality of
services performed. Nothing, however, prohibits the disclosure of information summaries,
statistical, or other forms, which do not identify particular individuals.
o
Bilingual Assistance
Subrecipient will provide bilingual assistance, as needed, to serve its clients. Bilingual
assistance will be provided by bilingual staff to the extent possible. Bilingual means
capable of using both English and Spanish languages with nearly equal facility.
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
EXHIBIT D
GENERAL CONDITIONS
These General Conditions cover the use of Community Development Block Grant (CDBG) funds
awarded under this Agreement to the Subrecipient by the City of Ashland.
Termination for Cause
In accordance with 24 CFR 85.43, if, through any cause, the Subrecipient shall fail to
fulfill in a timely and proper manner his/her obligations under this Agreement, or if the
Subrecipient shall violate any of the covenants, agreements, or stipulations of this
Agreement, the City may avail itself of such remedies as cited in 24 CFR 85.43 including
termination of this Agreement, by giving written notice to the Subrecipient of such action
and specifying the effective date thereof. In such event, all finished or unfinished
documents, data, studies, and reports prepared by the Subrecipient under this
Agreement shall, at the option of the City, become the property of the City and the
Subrecipient shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents, not to exceed the Agreement amount.
Notwithstanding the above, the Subrecipient shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the
Subrecipient, and the City may withhold any payments to the Subrecipient for the
purpose of set off until such time as the exact amount of damages due the City from the
Subrecipient is determined.
Termination for Convenience
In accordance with 24 CFR 85.44, the City and Subrecipient may terminate this
Agreement at any time by mutual written agreement. If the Agreement is terminated by
the City as provided herein, the Subrecipient will be paid an amount which bears the
same ratio to the total compensation as the services actually performed bear to the total
services of the Subrecipient covered by this Agreement less payments of compensation
previously made.
Enforcement Remedies
In the event of termination under Section A hereof by the City due to a breach by the
Subrecipient, then the City may complete the work either itself or by agreement with
another contractor, or by a combination thereof. In the event the cost of completing the
work exceeds the amount actually paid to the Subrecipient hereunder plus the remaining
unpaid balance of the compensation provided herein, then the Subrecipient shall pay to
the City the amount of excess. Allowable costs shall be determined in accordance with
24 CFR 85.43(c).
The remedies provided to the City under Sections 1 and 3 hereof for a breach by the
Subrecipient shall not be exclusive. The City also shall be entitled to any other equitable
and legal remedies that are available.
In the event of breach of this Agreement by the City, then the Subrecipient's remedy shall
be limited to termination of the Agreement and receipt of payment as provided in Section
2 hereof.
In the event of termination under Section 1, the City shall provide the Subrecipient an
opportunity for an administrative appeal.
4. Disputes
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Disagreements between the City and Subrecipient concerning the meaning,
requirements, or performance of this Agreement shall be subject to final determination in
writing by the City Administrator or in accordance with the applicable procedures (if any)
required by the State or Federal Government.
Agreement Changes
The City or Subrecipient may, from time to time, request changes in writing in the scope
of services or terms and conditions hereunder. Major changes, including the scope of
work, performance measures or any increase or decrease in the amount of the
Subrecipient's compensation, shall be incorporated in written amendments to this
Agreement, approved by the City Council and signed by the City Administrator on behalf
of the City. Minor changes to the scope of work, budget line items, timing, reporting, or
performance measures may be approved by the City Administrator on behalf of the City.
Agreement Nonrenewal
Subrecipient understands and agrees that there is no representation, implication, or
understanding that the services provided by Subrecipient under this Agreement will be
purchased by the City under a new Agreement following expiration or termination of this
Agreement, and waives all rights or claims to notice or heading respecting any failure to
continue purchase of all or any such services from Subrecipient.
Further Specifications for Operating Procedures
Detailed specifications of operating procedures and budgets required by this Agreement,
including but not limited to: monitoring, auditing, billing, reporting, or regulatory changes,
may be developed and set forth in written Informal Agreements between the City and
Subrecipient. Such Informal Agreements shall be designated as such and shall not be
amendments to this Agreement except to the extent that they further detail or clarify that
which is already required hereunder. Such Informal Agreements may not enlarge in any
manner the scope of this Agreement, including any sums of money to be paid the
Subrecipient as provided herein. Informal Agreements may be approved and signed by
the Director of the Community Development Department on behalf of City.
Non-Discrimination
During the performance of this Agreement, the Subrecipient shall not discriminate based
on race, religion, color, sex, age, national origin, marital status, political affiliation or
handicap condition and the Subrecipient shall, to the maximum feasible extent, ensure all
interested persons can reasonably obtain information about, and access to, HUD-funded
activities. The Subrecipient agrees to comply with the following:
The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing
regulations at 24 CFR part 100; Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., p. 652 and 3 CFR, 1980
Comp., p. 307)(Equal Opportunity in Housing) and implementing regulations at 24
CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing regulations
issued at 24 CFR part 1;
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at
24 CFR part 146, and the prohibitions against discrimination against handicapped
individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CFR part 8;
Co
The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., p.
339)(Equal Employment Opportunity) and the implementing regulations issued at
41 CFR chapter 60;
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
~
10.
11.
The requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701) providing:
To the greatest extent feasible, opportunities for training and employment be
given to Iow- income persons residing within the unit of general local government
or the metropolitan area; and
(ii)
To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns which are located in or
owned in substantial part by persons residing in the same metropolitan area as
the project; and
Eo
The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise), and 12138 (concerning Women's Business Enterprise).
Access to Records
The City, HUD, the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access to any books, general organizational and
administrative information, documents, papers, and records of the Subrecipient which
are directly pertinent to this Agreement, for the purpose of making audit or monitoring,
examination, excerpts, and transcriptions. All required records must be maintained by the
Subrecipient for five years after the City makes final payments and all other pending
matters are closed.
Maintenance of Records
The Subrecipient shall maintain fiscal records on a current basis to support its billings to
the City. The Subrecipient shall retain fiscal as well as all records relating to program and
client eligibility for inspection, audit, and copying for five years from the date of
completion or termination of this Agreement. The City or its authorized representative
shall have the authority to inspect, audit, and copy on reasonable notice and from time to
time any records of the Subrecipient regarding its billings or its work hereunder.
Audit Requirements
Subrecipient shall arrange for annual, agency-wide audits conducted by an independent
certified public accountant and carded out within six months from the end of each
Agreement Year. If Subrecipient's fiscal year ends during the term of this Agreement, the
audits may cover the Subrecipient's fiscal year provided the audit period includes at least
six months of this Agreement period. Said audits shall be performed according to federal
and state law and rules, specifically, the audits shall comply with OMB Circular A-133
(nonprofit and institutions of higher education) or A-128 (local governments).
A copy of the audit and accompanying management letter shall be submitted annually to
the City within two weeks of the date of the audit report. The audit shall include, at a
minimum, assurances that: 1 ) financial statements present fairly the financial position of
the Subrecipient;, 2) costs charged to City are appropriate; and 3) Subrecipient is
complying with conditions of the Agreement.
The Subrecipient is responsible for either including subcontractors within its own annual
audit or assuring that separate independent audits are conducted and submitted to City
for each subcontractor.
The City, either directly or through a designated representative, may audit the records of
the Subrecipient at any time during the period established by Section 10 above.
CDBG Agreement for Public improvement Projects
Program Year 2003-04
12.
13.
14.
15.
If an audit discloses that payments to the Subrecipient were in excess of the amount to
which the Subrecipient was entitled, then the Subrecipient shall repay the amount of the
excess to the City.
Monitoring
The City, through the Department of Community Development, may monitor at least once
each year, that portion of the Subrecipient's project funded with CDBG funds. Such
monitoring shall ensure that the operation of the project conforms to the provisions of this
Agreement.
Indemnity and Hold Harmless
Subrecipient shall indemnify, defend and hold harmless the City, its officers, officials,
boards, commissions, employees, volunteers, and agents from and against all claims,
damages, suits, costs, judgments, losses, expenses, and attorney's fees arising directly
or indirectly out of the performance of or the failure to perform the work described herein,
caused in whole or in part by any negligent act or omission of the Subrecipient, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of the negligence of the City, except
Subrecipient shall not be responsible when such liability arises from the sole negligence
or willful misconduct of the City. Subrecipient shall promptly pay city for any costs that
City incurs in enforcing this clause.
Insurance Requirements
For the duration of this Agreement, Subrecipient shall procure and maintain insurance
against claims for personal injury, bodily injury or property damage which may arise from
or in connection with the work hereunder by the Subrecipient, his agents, representatives
and employees. Evidence of insurance acceptable to the City must be provided by the
Subrecipient to the City before Subrecipient will be authorized to start work.
Minimum Scope of Insurance
Ao
Workers' Compensation and Employer's Liability insurance as required by state
law.
Commercial General Liability coverage at least as broad as an ISO form CG0001.
Limits no less than $500,000 per occurrence for bodily injury and personal injury.
Limits no less than $50,000 for property damage liability.
Automobile Liability coverage covering any auto, at least as broad as ISO form
CA0001. Limits no less than $500,000 for bodily injury and personal injury. Limits
no less than $50,000 for property damage liability.
Do
Each policy required by this Agreement shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or
in limits except after thirty days prior written notice by certified mail, return receipt
requested, has been given to the City.
The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
The City, its officers, officials, agents, volunteers, and employees are to be
covered as insureds for liability arising out of activities performed by or on
behalf of the Subrecipient; products and completed operations of the
Subrecipient; premises owned, occupied or used by the Subrecipient; and
automobiles owned, leased, hired or borrowed by the Subrecipient. The
CDBG Agreement for Public improvement Projects
Program Year 2003-04
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, agents, volunteers or employees.
For any claims related to this project the Consultant's insurance coverage
shall be primary insurance as respects the City, its officers, officials, agents,
volunteers and employees. Any insurance or self-insurance maintained by the
City, its officers, officials, agents, volunteers, and employees shall be excess
of Subrecipient's insurance and shall not contribute with it.
Any failure to comply with reporting or other provisions of the Subrecipient's
insurance policies including breaches of warranties shall not affect the
coverage provided to the City, its officers, officials, agents, volunteers, and
employees.
The Subrecipient's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
insurer's liability.
Acceptability of Insurers
Insurance that is placed with insurers having a current A.M. Best rating of no less
than B+:Vll will be considered acceptable without the approval of the City. All
other insurers are subject to the approval of the City.
Verification of Coverage
Subrecipient shall furnish the City with certificates and original endorsements
effecting the coverage herein required. Certified copies of policies must be
furnished upon the request of the City. Endorsements must be signed by a
person authorized by that insurer to bind coverage on its behalf. The form of
endorsement is subject to the City's approval.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to the City and are
subject to the City's approval. At the option of the City, either the insurer shall
reduce or eliminate such deductibles or self-insured retentions with respect to the
City; or the Subrecipient may be required by the City to procure a bond
guaranteeing payment of losses, claims adjusting expenses, and defense costs
below the deductible or self-insured retention.
Ho
Subcontractors
Subrecipient's insurance shall provide coverage for all subcontractors, or
Subrecipient shall furnish to the City separate certificates and endorsements
showing coverage for each subcontractor. The insurance requirements described
herein shall apply to all subcontractors.
16.
Subcontracting and Assignment
The Subrecipient shall not assign this in whole or in part or any right or obligation
hereunder, without prior written approval of the City, which approval shall not
unreasonably be withheld. The subcontractor shall be responsible for adhering to all
regulations cited within this Agreement.
17.
Independent Contractor Status
The Subrecipient is engaged as an independent contractor and will be responsible for
any federal, state, or local taxes and fees-applicable to payments hereunder.
The Subrecipient and its subcontractors and employees are not employees of the City
and are not eligible for any benefits through the City, including without limitation, federal
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
18.
19.
20.
21.
22.
social security, health benefits, workers' compensation, unemployment compensation,
and retirement benefits.
Compliance With Laws
In connection with its activities under this Agreement, the Subrecipient shall comply with
all applicable federal, state and local laws and regulations. For CDBG-funded projects,
the Subrecipient shall carry out its activities in compliance with 24 CFR 570. In particular
(but not to the exclusion of other sections) Subrecipient shall comply with applicable
uniform administrative requirements, as described in 24 CFR 570.502.
Should Federal or State regulations touching upon the subject of this Agreement be
adopted or revised during the term hereof, this Agreement may be amended to assure
conformance with such Federal or State requirements.
Conflicts of Interest
No City officer or employee, during his or her tenure or for one year thereafter, shall have
any interest, direct or indirect, in this Agreement or the proceeds thereof, as required in
24 CFR 85.36.
No board or director member or employee of the Subrecipient, during his or her tenure or
for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the
proceeds, as required in 24 CFR 85.36. Use of Agreement funds to pay personnel costs
itemized in Agreement is exempted from this requirement.
For CDBG-funded projects, the Subrecipient shall further comply with the conflict of
interest provisions cited in 24 CFR 570.611.
Agreement Administration
Non-profit contractors shall comply with the applicable provisions of OMB Circular No's.
A-122, and A-110 Attachments B, F, H paragraph 2, and O, as described by 24 CFR
92.505.
Property Management
The Subrecipient agrees that any real property, equipment or supplies purchased wholly
or in part with program funds will be managed under the same guidelines applicable to
the City in accordance with 24 CFR 570.505 (real property), 24 CFR Part 85.32
(equipment), and 24 CFR Part 85.33 (supplies).
Expiration/Reversion of Assets
For CDBG-funded projects, the Subrecipient shall comply with the Reversion of Assets
provision of 24 CFR 570.503(b)(8). Upon expiration of this agreement, the Subrecipient
shall transfer to the recipient any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
The CDBG benefit of acquisition or improvement to real property with CDBG funds will
be realized only after ten years of public service to extremely Iow-, Iow- and moderate-
income Ashland residents at a level of 51% of all clients served at the property. The
Subrecipient shall use real property acquired or improved with CDBG funds to provide
eligible CDBG client services to a population of at least 51% or more extremely Iow-, Iow-
and moderate-income persons as classified by the U.S. Department of Housing and
Urban Development until 10 years after expiration of this agreement. It is the City's
intention that the full public benefit of this project inure to the Subrecipient's clients, or in
the alternative, that City recover the monetary equivalent of an unrealized public benefit
as follows:
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
If the Subrecipient should sell property acquired or improved with CDBG funds, or for any
reason discontinue using the property to provide eligible CDBG client services to a
population of at least 51% or more extremely Iow-, Iow- and moderate-income persons
as classified by the U.S. Department of Housing and Urban Development, prior to five
years from the completion date, the Subrecipient will be obligated to repay CDBG grant
funds in the full amount to City. If the Subrecipient should sell property acquired or
improved with CDBG funds, or for any reason discontinue using the property to provide
eligible CDBG client services to a population of at least 51% or more extremely Iow-, Iow-
and moderate-income persons as classified by the U.S. Department of Housing and
Urban Development, after five full years of use and prior to ten years from the completion
date, the Subrecipient will be obligated to repay CDBG grant funds to City, upon demand,
that percentage of the grant equal to the percentage of time then remaining until the
expiration of ten years from the completion of the work. (For example, if the Subrecipient
discontinues service and the property is sold after six years, the Subrecipient shall repay
40% of the grant funds to City. Payment shall be made by the Subrecipient within 90
days of the date the Subrecipient sells the property or otherwise discontinues its use for
the approved, eligible public services.
If within the 10 year period, the Subrecipient moves to a new location where it continues
to deliver client services similar to those it now provides, City may, at its sole option, find
the replacement facility a satisfactory replacement and waive the reimbursement
payment required by paragraph 23.A.
The Subrecipient may not change the use or planned use of real property acquired or
improved with CDBG funds unless the Subrecipient receives approval from the City, and
either:
The new use of such property qualifies as meeting one of the CDBG national
objectives and is an eligible use of CDBG funds or;
ii.
If the City determines, after consultation with affected citizens, that is necessary
or appropriate to change the use of the property to a use which does not qualify
under paragraph 23.c.i, it may retain or dispose of the property for such use if City
is reimbursed in the amount of the current fair market value of the property less
any portion attributable to expenditures of non-grant funds for acquisition of, and
improvement to, the property.
23.
24.
Oregon Law and Forum
This Agreement shall be construed according to the law of the State of Oregon.
Any litigation between the City and the Subrecipient arising under this Agreement or out
of work performed under this Agreement shall occur, if in the state courts, in the Jackson
County court having jurisdiction thereof, and if in the federal courts, in the United States
district Court for the State of Oregon.
Availability of Funds
It is understood by all parties to this Agreement that the funds used to pay for services
provided herein are provided to the City through a grant from the U.S. Department of
Housing and Urban Development. In the event that funding is reduced, recaptured, or
otherwise made unavailable to the City as a result of federal action, the City reserves the
right to terminate the Agreement as provided under Section 2 hereof, or change the
scope of services as provided under Section 5 hereof.
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
Should Federal or State regulations touching upon the subject of this Agreement be
adopted or revised during the term hereof, this Agreement may be amended to assure
conformance with such Federal or State requirements.
25.
Minimizing Displacement
The Subrecipient assures that it will take all reasonable steps to minimize the
displacement of persons as a result of this Agreement, and shall comply with the
applicable provisions of 24 CFR 570.606.
26.
Program Access by the Disabled
The Subrecipient shall, to the maximum feasible extent, ensure interested persons can
reasonably obtain information about, and access to, HUD-funded activities.
27.
Publicity and Signage
Publicity, including signage at any construction/building site, regarding the project shall
note participation of the City of Ashland Department of Community Development and the
U.S. Department of Housing and Urban Development.
All construction projects receiving $50,000 or more in CDBG grant funds shall place a
sign on the project site acknowledging the financial assistance from the Department of
Housing and Urban Development. The sign shall be installed prior to construction and
shall be maintained for the duration of the construction pedod. The sign shall be a
minimum of 4 feet by 4 feet. The background of the sign shall consist of three equal
horizontal ands: the top red, center white, and the bottom blue. Lettering shall be black.
The top section shall contain the name of the project and any other relevant information,
e.g., the name of the project sponsor, purpose of the project, etc. The lower section may
contain other information as desired, e.g., the name of the local chief executive, other
financial contributors, architect, engineer, etc. The center section shall contain the
following language, AThis project is funded in whole or in part with funds provided by the
U.S. Department of Housing and Urban Development (HUD).@ The words U.S.
Department of Housing and Urban Development shall be in 4 inch block letters.
Subrecipients may use the design and pattern of previously developed project signs,
provided that the sign is amended to acknowledge the contribution by the U.S.
Department of Housing and Urban Development, in lettering no smaller than that used to
acknowledge other contributors to the project.
28.
Lobbying
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient, 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
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal Agreement, grant, loan, or
cooperative agreement.
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 Agreement, grant, loan, or cooperative
agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
The Subrecipient shall require that the language 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 agreement) and that all Subcontractors
shall certify and disclose accordingly.
CDBG Agreement for Public Improvement Projects
Program Year 2003-04
29.
30.
31.
32.
33.
34.
35.
36.
Church-State
The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.200(j)
regarding the use of federal funds by religious organizations. No religious content or
materials will be disseminated in any part of the programs or services funded under this
Agreement.
Nonsubstitution for Local Funding
For CDBG-funded projects, the Subrecipient will not utilize grant funds to reduce
substantially the amount of local financial support for community development activities
below the level of such support prior to the availability of funds under this Agreement.
Copyrights and Rights in Data
Subrecipient shall not publish or transfer any materials produced or resulting from
activities supported by this Agreement without the express written consent of the City
Administrator. If any material is subject to copyright, the City reserves the right to
copyright such, and the Subrecipient agrees not to copyright such material. If the material
is copyrighted, the City reserves a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish, and use such materials, in whole or in part, and to authorize others to
do so.
Nonparticipation in Political Activities
The Subrecipient shall comply with the provisions of the Hatch Act (5 USC, Chapter 15).
Real Property Acquisition
The Subrecipient shall comply with the applicable provisions of 49 CFR 24 regarding the
use of federal funds for acquisition of real property, and with the applicable provisions of
the Reversion of Assets provision of 24 CFR 570.503(b)(8) as described in D.23 of this
agreement.
Environmental Review
The Subrecipient shall comply with the 24 CRR 92.352, 24 CFR PART 58 and the
National Environmental Policy Act of 1969. The Subrecipient shall not enter into a
contract for, or otherwise commit CDBG funds for a project prior to the City's completion
of an environmental review in accordance with 24 CFR part 50. The Subrecipient shall
supply the City with the information necessary for the City to perform any applicable
environmental review when requested under CFR 583.225(a). The Subrecipient shall
carry out mitigating measures required by the City or ensure that alternate sites are
utilized according to 24 CFR 54.22.
Debarred, Suspended or Ineligible Contractors, Subrecipient or Officers
The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.609
regarding the Debarred, Suspended or Ineligible Contractors or Subrecipients. The
Subrecipient shall not use CDBG funds to directly or indirectly to employ, award contracts
to, or other wise engage the services of, of fund any contractor or subrecipient during any
period of debarment, suspension, or placement in ineligibility status under the provisions
of 24 CFR part 24. The Subrecipient shall not have officers or board members that are
debarred, suspended or ineligible to work on projects using federal funds.
Labor Standards
The Subrecipient agrees to comply with the applicable provisions of the Davis-
Bacon Act, the Contract Work Hours and Safety Standards Act (CWHSSA), the
Copeland Act and the Fair Labor Standards Act covered under the regulations in
29 CFR Parts 1,3,5,6 and 7. The Subrecipient shall pay all laborers and mechanics
employed by contractor or subcontractors on construction work financed in whole
CDBG Agreement for Public Improvement Projects
Program Year 2003
Page 19
or in part with CDBG funds wage rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor in accordance
with the Davis-Bacon Act. The Contract Work Hours and Safety Standards also
applies. However, these requirements apply to the rehabilitation of residential property
only if such property contains not less than 8 units.
In addition to the provisions outlined above, the subrecipient also agrees to comply with
the City of Ashland Living Wage Ordinance (Chapter 3.12 of the Ashland Municipal
Code) which requires that a living wage be paid to employees, employees of contractors
to the city, and employees of recipients of city grants. All employers and grant recipients
covered under this chapter shall pay employees a "living wage" of wages and benefits
equal to or greater than $11.00 per hour (adjusted annually to reflect increases in the
Consumer Price Index). Benefits, which can be attributed to a living wage, are limited to
health care, retirement, 401k and IRS eligible cafeteria plans including childcare.
37.
38.
Lead-Based Paint
The Subrecipient shall comply with the applicable provisions of 24 CFR 35,
Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in
Federally Owned Residential Property and Housing Receiving Federal Assistance. The
purpose of the regulation is to protect young children from lead-based paint hazards in
housing that is either receiving assistance from the Federal government or is being sold
by the government.
Non-Profit Grant Agreements
The subrecipient shall comply with all applicable provisions of 24 CFR Part 84, Uniform
Administrative requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and other Non-Profits. Non-profits receiving CDBG funds shall
establish written procurement procedures as per the requirements of 24 CFR 84.44.
CDBG Agreement for Public Improvement Projects
Program Year 2003
Page 20
EXHIBIT E
INVOICE FOR SERVICES
TO: Brandon Goldman
City of Ashland
Dept. of Community Development
Planning Division
20 E. Main St.
Ashland, OR 97520
FROM: Date:
Project Title: Pi oneer Ha] ]
Invoice No.:
Invoice Amount:
Purchase Order No.
For Month/Qtr. Of:
Restroom
BUDGET ANNUAL CURRENT EXPENDED UNEXPENDED
LINE ITEM BUDGET EXPENDITURES TO DATE BUDGET
AMOUNT
TOTAL
TOTAL REIMBURSEMENT REQUEST:
Request is hereby made for reimbursement of current month/quarter expenditures. Reimbursement is
requested based on actual expenses incurred in providing services in accordance with the Agreement with
the City of Ashland.
I certify that this statement of expenditures is made herein to the best of my knowledge. All reported
expenditures are supported by documentation, attached and filed in Subrecipient's files and are subject to
audit by City of Ashland and the Department t of Housing and Urban Development.
SIGNATURE: DATE:
TITLE: PHONE:
APPROVED FOR PAYMENT:
FOR CITY OFFICE USE
DATE:
CDBG Agreement for Public Improvement Projects
Program Year 2003
Pnnm 91
EXHIBIT F
STATISTICAL REPORT OF SERVICES PROVIDED
Project Title:
Month(s) of:
Subrecipient Name:
TABLE 1
Cumulative
for Quarter
Month 1 Month 2 Month 3
Number % of Number % of Number % of Number % of
Total Total Total Total
Extremely
Low
Low
Moderate
///II////
Total of
Persons*
Served
Meeting
Program
Income
Limits
///I////I
Total
Persons
Served
* Client data must be collected based on the client's family. A Iow- to moderate-income
person is defined by HUD as a member of a family having an income equal to or less than
the Iow- to moderate-income limits established by HUD in the table on page 7. A family is
defined by HUD as all persons living in the same household who are related by blood,
marriage, or adoption. An individual living in a housing unit that contains no other
person(s) related to him/her is considered to be a one person family for this purpose.
Adult children who continue to live at home with their parent(s) are considered to be part
of the family for this purpose and their income must be counted in determining the total
family income. A dependent child who is living outside of the home (e.g. students living
in a dormitory or other student housing) is considered for these purposes to be part of
the family upon which he/she is dependent, even though he/she is living in another
housing unit.
CDBG Agreement for Public Improvement Projects
Program Year 2003
Page 22
TABLE 2
Income Limits by Family Size: S/year
*For the Medford-Ashland Statistical Area as determined by the Department of Housing and Urban Development, effective
December 10, 2001.
Income Level Number of Persons in Family
Category
1 2 3 4 5 6 7 8+
Extremely Low Income 8,800 10,050 11,300 12,550 13,600 14,600 15,600 16,600
Low Income 14,650 16,750 18,850 20,950 22,650 24,300 26,000 27,650
Moderate Income 23,450 26,800 30,150 33,500 36,200 38,900 41,550 44,250
TABLE 3
Race
American Indian or Alaskan Native
Asian or Pacific Islander
Black/African American
Native Hawaiian/Pacific Islander
White
American Indian or Alaskan Native and White
Asian and White
Black or African American and White
American Indian or Alaskan Native and Black or
African American
Other Multi-racial
Ethnicity
Hispanic or Latino
Non-Hispanic or Latino
Disabled Households
Female Headed Household
Numberof Total Persons
Served in the Quarter
CDBG Agreement for Public Improvement Projects
Program Year 2003
Page 23
EXHIBIT F-1
CDBG CLIENT/FAMILY INFORMATION FORM
Client's Name:
Address:
Total Number of Persons In Family (see definitions below):
List Names of Family Members Living In Household:
Client:
~,dditional Members:
Total Monthly Income Sources for All Family Members Living In Household
Employment, Gross Income:
Other Resources
Social Security/SSI: Other Pension:
Unemployment Child Support:
Public Welfare: Alimony:
Veteran's Benefits:
Total Monthly Income:
Ethnicity and Race
Grantees are to ask respondents to identify their clients ethnicity prior to asking them to
identify their race. Hispanic will now be considered an ethnicity category rather than a
race category.
Please check one ethnicity about the client:
Hispanic or Latino
Not Hispanic or Latino __
Please select one or more of the following as self identified by the client:
American Indian/Alaskan Native
Asian
Black/African American
Native Hawaiian/Pacific Islander
White
Please complete the following about the client.
Disabled yes no__
Female Headed Household yes no__
CDBG Agreement for Public Improvement Projects
Program Year 2003
Page 24
Low- to Moderate-Income Person - A Iow- to moderate-income person is defined by
HUD as a member of a family having an income equal to or less than the Iow- to
moderate-income limits established by HUD in the table on page 7. Family - A family
is defined by HUD as all persons living in the same household who are related by
blood, marriage, or adoption. An individual living in a housing unit that contains no
other person(s) related to him/her is considered to be a one person family for this
purpose. Adult children who continue to live at home with their parent(s) are
considered to be part of the family for this purpose and their income must be counted
in determining the total family income. A dependent child who is living outside of the
home (e.g. students living in a dormitory or other student housing) is considered for
these purposes to be part of the family upon which he/she is dependent, even though
he/she is living in another housing unit.
Income information provided above subject to verification by local or Federal
government.
CDBG Agreement for Public Improvement Projects
Program Year 2003
Page 25
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER'S COPY
Page 1 / 1
VENDOR: 002799
D A BOLDT CONSTRUCTION
PO BOX 998
ASHLAND, OR 97520
SHIP TO: Ashland Public Works
(541) 488-5587
27-1/2 N MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown / Dale Peters
Confirming? NO
,,Quantity Unit Description Unit Price Ext. Price
Remodel existing two restrooms to 14 388.00
create two new ADA compliant restrooms
- Pioneer Hall. Includes allowance of
$120.00 for door Iocksets and hardware.
CSK
Date of agreement December 18; 2003 ' : ·
Beginning date: December 22, 2003
Completion date: February 20, 2004
Insurance required/On file
SUBTOTAL 14,388.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 14,388.00
ASHLAND, OR 97520
E 710.08.24.00.602320 14,388.00
Signature
VENDOR COPY