Res 1681 - CDBG Block Grant
COUNCIL BILL NO. 2393
RESOLUTION NO. 1681
A RESOLUTION ENTERING INTO A GRANT CONTRACT (PROJECT NO. C02004)
WITH THE STATE OF OREGON FOR A COMMUNITY DEVELOPMENT BLOCK
GRANT FOR THE CIPRIANO FERREL EDUCATION CENTER; MAKING A
DECLARATION OF POLICY REGARDING THE USE OF EXCESSIVE FORCE BY
LAW ENFORCEMENT PERSONNEL AS A CONDITION OF GRANT APPROVAL;
AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT AND THE
DECLARATION OF POLICY.
WHEREAS, the city made application to the State of Oregon Economic Development
Department for a $600,000 Community Development Block Grant for the Cipriano Ferrell
Education Center; and
WHEREAS, the Economic Development Department has awarded the city the requested
Community Development Block Grant; and
WHEREAS, as a condition of the grant award Grant Contract C02004 must be signed,
and
WHEREAS, as another condition of the grant award, the city must make a Declaration
of Policy Regarding the Use of Executive Force by Law Enforcement Personnel, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Grant Contract C02004 with the State
of Oregon, acting through its Economic Development Department, which is affixed as
Attachment "A" and by this reference incorporated herein, for a $600,000 Community
Development Block Grant for the Cipriano Ferrel Education Center.
Section 2. That the City of Woodburn make a Declaration of Policy Regarding the Use
of Excessive Force by Law Enforcement Personnel which is affixed as Attachment "B" and by
this reference incorporated herein, as a condition of grant approval.
Section 3. That the Mayor is authorized to execute Grant Contract C02004 and the
Declaration of Policy Regarding the Use of Excessive Force by Law Enforcement Personnel as
required by the grant.
APprovedastoform0'1.~/;fCJ S-b- ZO-oL..
N. Robert Shields, City Attorney Date
Page 1 - Council Bill No. 2393
Resolution No. 1681
APProVed:~
hard Jennmgs, ayor
Passed by the Council June 10, 2002
Submitted to the Mayor June 11, 2002
Approved by the Mayor June II. 2002
Filed in the Office of the Recorder June 11, 2002
ATTEST: tJf.~ ~
Mary enn t, City Recorder
City of Woodburn, Oregon
C:\My Documents\MyFi1es\k\CB\cdbg.wpd
Page 2 - Council Bill No. 2393
Resolution No. 1681
r
RECIPIENT COpy
Attachment "A"
STATE OF OREGON
COMMUNITY DEVELOPMENT BLOCK GRANT
GRANT CONTRACT
This Grant Contract is made and entered into by and between the State of Oregon, acting by and through
its Economic and Community Development Department ("State"), and the City of Woodburn
("Recipient"). The reference number of this grant is C02004.
RECITALS
WHEREAS, the Oregon Community Development Block Grant ("CDBG") Program is funded in
part by community development block grants ("federal grants") from the U.S. Department of Housing
and Urban Development ("HUD");
WHEREAS, these federal grants and subgrants of these federal grants are subject to Title I of the
Housing and Community Development Act of 1974, 42 U.S.C. ~~5301-5321 (1994) (''the Act"), the
regulations promulgated pursuant thereto, 24 C.F.R. ~570.1-.5 (1997), ORS ~285A.075 (1997), and
OAR 123-080-0000 to 123-080-0050 (1998), all as may be amended from time to time;
WHEREAS, the State has reviewed the Recipient's application, submitted on December 13, 2001
(the <<Application") and determined the Project, as hereinafter defined, is feasible and merits funding;
NOW, THEREFORE, the parties agree as follows:
1. Contract. This Grant Contract shall include the following, which, in the event of inconsistency
between any of the terms, are to be interpreted in the following order of precedence:
A. this Grant Contract without any Exhibits;
B. Special Conditions of Award, attached as Exhibit B;
C. Notice of Grant Award, attached as Exhibit A;
D. Recipient's Certification of Compliance with State and Federal Laws and Regulations,
attached as Exhibit C;
E. A description of the project approved by the State (the "Project"), attached as Exhibit E;
F. Approved Project budget showing breakdown of sources of funds, attached as Exhibit D.
This exhibit supersedes the Project budget submitted in the Recipient's Application; and
G. Recipient's Application (which is by this reference incorporated herein).
2. Grant. In reliance upon the Recipient's Application and Certification of Compliance with State
and Federal Laws and Regulations as described in Exhibit C, the State agrees to provide the
Recipient funds in the amount of $600,000, the use of which shall be expressly limited to the
Project and the activities described in Exhibit E. The use of these funds shall also be subject to
the approved Project budget in Exhibit D and the Special Conditions in Exhibit B, if any.
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Subject to the terms and conditions of this Grant Contract, including but not limited to, the
authorization described in Section 3 below, State shall disburse the grant funds to Recipient on
an expense reimbursement basis after State's receipt and approval of cash request forms from
Recipient.
Attachment "A"
3. Further Authorization ReQuired. The obligation or expenditure of funds by the Recipient for the
approved activities described in this Grant Contract is prohibited without the further express
written authorization of the State, except that such funds may be obligated or expended by the
Recipient for activities that are exempt as specified in 24 C.F.R. ~58.34 (1997), provided that
each exempt activity or project meets the conditions specified for such exemption under the cited
section.
4. Proiect Completion Date.
A. The approved grant activities must be completed within 36 months from the date of this
Grant Contract or by the date specified below the signature blocks of this Grant Contract
("Project Completion Date").
B. By the Project Completion Date, all Project activities must be completed, including
submission of the Project Completion Report and all cash requests (except cash requests for
audit costs, if applicable). Unless exempt by OMB Circular A-l33, the audit for the final
fiscal year. of the Project shall be submitted to the Oregon Economic and Community
Development Department as soon as possible after it is received by the Recipient, but in any
event no later than December 31 after the Project Completion Date.
5. Recipient's Covenants - Compliance with Laws.
A. The Recipient agrees to comply, and cause its agents, contractors and subgrantees to comply,
with all applicable state and federal laws, regulations, policies, guidelines and requirements
with respect to the use of and the administration, distribution and expenditure of the funds
provided under this Grant Contract, including but not limited to the following:
(1) the Act and with all related applicable laws, rules and regulations, including but not
limited to Sections 109 and 110 of the Act.
(2) Section 104(d) of the Housing and Community Development Act of 1974, as amended,
42 U.S.C. ~S304 (1994), and the regulations promulgated pursuant thereto, and 12
U.S.C. ~1735b (1994).
(3) Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.c. ~1701u
(1994 ) (employment opportunities to lower income people in connection with assisted
projects), and the regulations promulgated pursuant thereto, 24 C.F.R. ~l35.38 (1997).
The Recipient shall cause or require the Section 3 clause in 24 C.F.R. ~l35.38 (1997) to
be inserted in full in all contracts and subcontracts exceeding $100,000 for Section 3
covered construction projects receiving more than $200,000 under this Grant Contract.
(4) Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970,
42 U.S.C. ~~4601-4655 (1997), and the regulations promulgated pursuant thereto, 49
C.F.R. ~~24.1-24.603 (1997);
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Attachment "A" Grant Contract
Page 3 of8
(5) the Davis-Bacon Act, as amended, 40 U.S.C. ~~276a to 276a-5 (1994); 42 U.S.C.
~531 0 (1994) (applicable to the rehabilitation of residential property by laborers and
mechanics in the performance of construction work only if such property contains not
less than eight (8) units); and the Contract Work Hours and Safety Standards Act, 40
U.S.C. ~~327-333 (1994), and all regulations promulgated pursuant to thereto and all
other applicable federal laws and regulations pertaining to labor standards.
(6) the Hatch Act, 5 V.S.C. ~~7321-7326 (1994) (limiting the political activity of some
employees).
(7) Title VI of the Civil Rights Act of 1964, 42 U.S.c. 2000d (1994), and the regulations
promulgated pursuant thereto, 24 C.F.R. ~~1.1-1.10 (1997). The Recipient will
immediately take any measures necessary to effectuate this assurance. If any real
property or structure thereon is provided or improved with the aid of federal fmancial
assistance extended to the Recipient, this assurance shall obligate the Recipient, or in
the case of any transfer of such property, any transferee, for the period during which the
real property or structure is used for a purpose for which the federal financial assistance
is extended, or for another purpose involving the provision of similar services or
benefits.
(8) Title VIII of the Civil Rights Act of 1968, as amended, popularly known as the Fair
Housing Act, 42 U.S.C. ~~3601-3631 (1994), as amended by Pub. L. 104-76, ~~1-3
109 Stat. 787 (1995); Pub. L. 104-66, Title I, ~1071(e), 109 Stat. 720 (1995); Pub. L.
90-284, Title VIII, ~814A, as added Pub. L. 104-208, Div. A, Title II, ~2302(b)(1), 110
Stat. 3009-3421 (1996); Pub. L. 104-294, title VI, ~604(b)(15), (27), 110 Stat. 3507,
3508 (1996)
(9) Exec. Order No. 11,063, 46 F.R. 1253 (1962), reprinted as amended in 42 D.S.C.
~1982 (1994) and the regulations promulgated pursuant thereto, 24 C.F.R. ~~107.10-
107.65 (1997).
(10) Exec. Order No. 11,246,30 F.R. 12319 (1965), as amended by Exec. Order No. 11,375,
32 F.R. 14303 (1967), reprinted in 42 D.S.C. ~2000e (1994), and the regulations
promulgated pursuant thereto, 41 C.F.R. ~~60-1.1 to 60-999.1 (1997)
(11) the Age Discrimination Act of 1975,42 U.S.C. ~~6101-61O7 (1994).
(12) Section 504 of the Rehabilitation Act of 1973,29 U.S.C. 794 (1994).
(13) Section 302 of the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. ~4822
(1994), and the regulations promulgated pursuant thereto, 24 C.F.R. ~~35.1-35.98
( 1997).
(14) the Architectural Barriers Act of 1968, 42 U.S.c. ~~4151-4157 (1994).
(15) the Copeland Anti-Racketeering Act, 18 U.S.C. ~19S1 (1997).
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Attachment "A"
Grant Contract
Page 4 of8
for county and
(16) ORS ~~294.305-294.565 (1997) and other applicable state laws
municipal administration.
(17) Special program and grant administration requirements imposed by the State related to
the acceptance and use of funds provided under this Grant Contract (which
requirements have been approved in accordance with the procedures set forth in the
Grant Management Handbook).
B. When procuring property or services to be paid for in whole or in part with CDBG funds, the
Recipient shall comply with Chapter 279 of the Oregon Revised Statutes, Chapters 137
(Divisions 030, 035, and 040) and 125 (Divisions 300, 310, and 360) of the Oregon
Administrative Rules, and ORS Chapter 244. The State's performance under this Grant
Contract is conditioned upon the Recipient's compliance with the provisions of
ORS ~~279.312, 279.314, 279.316, 279.320, and 279.555 (1997), which are incorporated by
reference herein.
The State's model rules for public bidding and public contract exemptions shall govern
procurements under this Grant Contract if the Recipient or its public contract review board
does not adopt those, or similar, rules. If the Recipient or its public contract review board
has adopted similar rules, those rules shall apply.
6. Other Covenants of Recipient.
A. The activities undertaken in this grant must meet one of three national objectives established
by the U.S. Congress. The Recipient covenants the activities it will undertake with the grant
will meet the following national objective (check one):
(X) (1) Activities primarily benefitting low- and moderate-income persons;
(24 C.F.R. 570.483(b))
( ) (2) Activities which aid in the prevention or elimination of slums and blight;
(24 C.F.R. 570.483(c))
( ) (3) Activities designed to meet community development needs having a particular
urgency; (24 C.F.R. 570.483(d))
B. No employee, agent, consultant, officer, or elected or appointed official of the Recipient, or
any subrecipient receiving CDBG funds who exercises or has exercised any functions or
responsibilities with respect to CDBO activities assisted by the grant made pursuant to this
Grant Agreement or who is in a position to participate in a decision-making process or gain
inside information with regard to such activities, may obtain a financial interest or benefit
from the activity, or have an interest or benefit from the activity, or have, shall have any
interest, direct or indirect, in any contract, subcontract, or agreement with respect thereto, or
the proceeds thereunder, for themselves or those with whom they have family or business
ties, during his/her tenure or for one year thereafter.
The Recipient shall also establish safeguards to prohibit employees from using their position
for a purpose that is or gives the appearance of being motivated by a desire for private gain
Proglwn DeveIclpmelIl\OO3WS
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Grant Contract
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for themselves or others, particularly those with whom they have family, business, or other
ties.
Attachment" A"
C. The Recipient shall incorporate, or cause to be incorporated, in all purchase orders, contracts
or subcontracts regarding the procurement of property or services paid for in whole or in part
with CDBG funds any clauses required by federal statutes, executive orders and
implementing regulations.
The Recipient shall, and shall cause all participants in lower tier covered transactions to
include in any proposal submitted in connection with such transactions the certification that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation from the covered transaction.
D. The Recipient shall insert a clause in all documents prepared with the assistance of grant
funds acknowledging the participation of federal and state CDBG funding.
E. The Recipient shall maintain all fiscal records relating to this Grant Contract in accordance
with generally accepted accounting principles for state and municipal corporations
established by the National Committee on Governmental Accounting in a publication entitled
"Governmental Accounting, Auditing and Financial Reporting (GAAFR)." In addition, the
Recipient shall maintain any other records pertinent to this Grant Contract in such a manner
as to clearly document the Recipient's performance. For fair housing and equal opportunity
purposes, and as applicable, the Recipient's records shall include data on the racial, ethnic
and gender characteristics of persons who are applicants for, participants in, or beneficiaries
of the program. The Recipient acknowledges and agrees that the State and the Oregon
Secretary of State's Office and the federal government (including but not limited to HUD,
the Inspector General, and the General Accounting Office) and their duly authorized
representatives shall have access to all books, accounts, records, repo~ files, and other
papers, or property pertaining to the administration, receipt and use of CDBG funds and
necessary to facilitate such reviews and audits in order to perform examinations and audits
and make excerpts and transcripts. Audits shall be conducted annually in accordance with
the Single Audit Act of 1984, 31 V.S.C. ~~7501-7507 (1994) as amended by Pub. L. 104-
156, ~~1-3, 110 Stat. 1397 (1996) and the regulations promulgated pursuant thereto, 24
C.F.R. ~~44.1-44.18 (1997), and the Office of Management and Budget (OMB) Circular A-
133, 24 C.F.R. ~~45.1-45.5 (1997). The Recipient shall retain and keep accessible all such
books, accounts, records, reports, files, and other papers, or property for a minimum of three
(3) years from closeout of the grant hereunder, or such longer period. as may be required by
applicable law, or until the conclusion of any audit, controversy or litigation arising out of or
related to this Grant Contract, whichever date is later.
The Recipient shall provide citizens with reasonable access to records regarding the past use
of CDBG funds consistent with State and local requirements concerning the privacy of
personal records.
F. The grant made pursuant hereto shall be conducted and administered in conformity with the
Civil Rights Act of 1964, 42 V.S.C. ~~2000a-200Oe (1994), and the Fair Housing Act, and
the Recipient will affirmatively further fair housing.
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Grant Contract
Attachment "A" Page 6 of 8
G. The Recipient will not attempt to recover any capital costs of public improvements assisted
in whole or part with CDBG funds by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or assessment
made as a condition of obtaining access to such public improvements, unless:
(1) such funds are used to pay the proportion of such fee or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other
than under the Act; or
(2) for purposes of assessing any amount against properties owned and occupied by
persons of moderate income, the Recipient certifies to HUD that it lacks sufficient
CDBG funds to comply with the requirements of (1).
H. The Recipient will assume all of the responsibilities for environmental review,
decisionmaking and action pursuant to the National Environmental Policy Act of 1969, 42
V.S.C. ~4321-4370(d) (1994) (''NEPA''), and such other provisions oflaw that the applicable
regulations specify that would otherwise apply to HUD federal projects, in accordance with
Section 104(g) of the Act, 42 U.S.C. ~5304(g) (1994). The Recipient shall provide such
certification as required by the Secretary of HUD. Recipients will perform reviews in
accordance with 24 C.F.R. ~58 (1997) and the other federal authorities listed at 24 C.F.R.
~~58.5 (1997).
I. All non-exempt Project activities must be reviewed for compliance with 36 C.F.R. ~~800.1-
800.15 (Protection of Historic Properties) and Exec. Order No. 11,988,42 Fed. Reg. 26951
(1997), reprinted as amended in 42 U.S.C. ~4321 note (1994) (Floodplain Management), and
Exec. Order No. 11,990, 42 Fed. Reg. 26961 (1997), reprinted as amended in 42 V.S.C.
~4321 note (1994) (protection of Wetlands).
J. The Recipient has adopted and will enforce (1) a policy prohibiting the use of excessive force
by law enforcement agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations and (2) a policy of enforcing applicable State and local
laws against physically barring entrance to or exit from a facility or location which is the
subject of such non-violent civil rights demonstration within its jurisdiction in accordance
with Section 104(1) of the Act.
K. The Recipient shall cause all its first tier contractors or subrecipients receiving subcontracts
in excess of $100,000.00 to execute and file with the Recipient the certification set forth in
Exhibit C-l hereof.
L. All construction projects in excess of $50,000.00, which are undertaken using funds from this
Grant Contract, shall have a Project sign (which sign shall be in the form approved by the
State) located prominently at the Project site acknowledging the participation of federal and
state COBG funding. This sign shall be installed prior to construction and shall be
maintained for the duration of the construction period.
M. No lead-based paint will be used in residential units.
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7. Determination. State has made the determination that Recipient is a subrecipient, in accordance
with OMB Circular A-133 and Section .102 of Oregon Accounting Manual 04 03 OO.PO
(effective June 1, 1998). Recipient agrees to monitor any local government or non-profit
organization subrecipient to whom it may pass funds.
Attachment" A"
8. Termination.
A. The State reserves the right to terminate this Grant Contract immediately upon notice to the
Recipient:
(1) if the Recipient fails to perform or breaches any of the terms of this Grant Contract; or
(2) if the Recipient is unable to commence the Project within four (4) months from the date
of this Grant Contract; or
(3) if the State fails to receive funding, or appropriations, limitations or other expenditure
authority at levels sufficient to carry out the terms of this Grant Contract; or
(4) if federal or state laws, regulations or guidelines are modified or interpreted in such a
way that either the grant made pursuant to the terms of this Grant Contract or payments
to be made hereunder are prohibited.
B. The State may impose sanctions on the Recipient for failure to comply with provisions of this
Grant Contract or OAR Chapter 123, Division 80. When sanctions are deemed necessary,
the State may withhold unallocated funds, require return of unexpended funds, require
repayment of expended funds, or cancel the Grant Contract and recover all funds released
prior to the date of notice of cancellation.
9. Miscellaneous.
A. This Grant Contract shall be null and void if this Grant Contract is not executed and returned
to the State by the Recipient by June 28, 2002
B. The State and the Recipient are the only parties to this Grant Contract and are the only parties
entitled to enforce its terms. Nothing in this Grant Contract gives, is intended to give, or shall
be construed to give or provide any benefit or right, whether directly, indirectly or otherwise,
to third persons unless such third persons are individually identified by name herein and
expressly described as intended beneficiaries of the terms of this Grant Contract.
C. Except as otherwise expressly provided in this Grant Contract, any communications between
the parties hereto or notices to be given hereunder shall be given in writing by personal
delivery, facsimile, or mailing the same, postage prepaid, to the State or the Recipient at the
address or number set forth on the signature page of this Grant Contract, or to such other
addresses or numbers as either party may hereafter indicate pursuant to this Section 9.C. Any
communication or notice so addressed and mailed shall be deemed to be given five (5) days
after mailing. Any communication or notice delivered by facsimile shall be deemed to be
given when receipt of the transmission is generated by the transmitting machine. To be
effective against the State, such facsimile transmission must be confirmed by telephone
notice to the Oregon Economic and Community Development Department at
.....-~7:s
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Grant Contract
Attachment "A" Page 8 of 8
(503) 986-0123. Any communication or notice by personal delivery shall be deemed to be
given when actually delivered.
D. This Grant Contract shall be governed by and construed in accordance with the laws of the
State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or
proceeding (collectively, "Claim") between Agency (and/or any other agency or department
of the State of Oregon) and Contractor that arises from or relates to this Contract shall be
brought and conducted solely and exclusively within the Circuit Court of Marion County for
the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then
it shall be brought and conducted solely and exclusively within the United States District
Court for the District of Oregon. THE RECIPIENT, BY EXECUTION OF THIS
CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID
COURTS.
E. lbis Grant Contract and attached exhibits constitute the entire agreement between the parties
on the subject matter hereof. There are no understandings, agreements, or representations,
oral or written, not specified herein regarding this Grant Contract. No waiver, consent,
modification or change of terms of this Grant Contract shall bind either party unless in
writing and signed by both parties and all necessary State approvals have been obtained.
Such waiver, consent, modification or change, if made, shall be effective only in the specific
instance and for the specific purpose given. The failure of the State to enforce any provision
of this Grant Contract shall not constitute a waiver by Agency of that or any other provision.
This Grant Contract is hereby executed by the Parties on the dates set forth below.
~
WmP-liutN
'.~c'r.'~"~ ~#.,
By:
STATE OF OREGON
acting by and through its Economic and
Community Development Department
B~P::s~ }-
ValleylMid-Coast Team
CITY OF WOODBURN
(Recipient)
By:
(Signature)
Title:
Date:
tll/li loz-
Date:
Project Completion Date
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Page 1 of 1
Attachment "A"
April 10, 2002
Honorable Richard Jennings
MayorofVVoodbum
270 Montgomery Street
Woodburn, OR 97071
RE: Oregon Community Development Block Grant Award, Project Number #C02004,
($600,000), City of Wood bum, Cipriano Ferrel Education Center
Dear Mayor Jennings:
We are pleased to make the official announcement that your jurisdiction has been awarded a
grant of $600,000 from the Oregon Community Development Block Grant Program. The award
is to assist the city in completing the Cipriano Ferrel Education Center.
The enclosed staff report presents our analysis of your application.
Actual funding is subject to execution of a contract between your jurisdiction and the Oregon
Economic and Community Development Department. Contract documents will be sent to you in
a short time for your review and signature. Enclosed is a current Grant Management Handbook
that is periodically updated. Section 5. A. (17) of the grant contract requires the recipient to
comply with all applicable state and federal laws, regulations, policies, guidelines and
requirements with respect to the use and the administration, distribution and expenditure of the
funds, as set forth in the Grant Management Handbook. It is recommended that you review, at a
minim~, Chapter 2 of the Grant Management Handbook for any changes to these requirements.
This offer will be extended 60 days from the date of this letter. If you have any questions, please
call Karen Homolac at (503) 986-0191.
A~::-Y'~
~ngr~:O
ValleylMid-CoastTeam
Enclosures
c: Jim Mulder, City of Woodburn
Roberto Franco, Farm Workers Housing Corporation
Ray Teasley, Mid-Willamette Valley Council of Governments
Tom Fox, Oregon Economic and Community Development Department
F:\USER\KAREHH\Ctpr\Mo Ferrel Educ8lIan ~ LeIter.doc
775 Swnmer St.. HE. &Ie 200. SIIem. OR 87301-1280. hItp:IMwN.econ.ale.or.us
Phaneendnv~123 .1~3-3306(1nONgon) .FIX603-681~11S
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Govemor John A. Kltzhaber
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Attachment" A"
Exhibit B
Page 1 of3
SPECIAL CONDITIONS OF AWARD
COMMUNITY FACILITY GRANT
Special conditions pertinent to this grant are set forth below.
1. All matching funds must be secured in writing by October 4, 2002, or the Grant Contract may be
terminated. No CDBG funds may be drawn down unless all Project matching funds are secured.
2. All Project-related contracts must be received by the State ten (10) days before they are signed. This
includes all Project-related contracts between the Recipient and any person or entity who will be
administering the grant or performing services under a personal services contract. All Project-
related bid documents must be received by the State at least ten (10) days before they are advertised.
3. Where the approved Project budget includes local funds and CDBG funds for a specific line item
activity, those local funds must be expended before the Recipient can request CDBG funds for the
activity, unless otherwise authorized by the State.
4. Any local funds remaining in an approved non-construction budget line item when that line item
activity is completed shall be transferred to the construction line item and shall be expended in
accordance with paragraph 3 hereof.
5. Prior to the approval of the first drawdown of grant funds for this Project, the Recipient shall provide
the following to the State:
a. Copy of an adopted Fair Housing resolution and evidence that this resolution has been published
within six (6) months prior to the grant drawdown.
b. Copy of a completed self -evaluation checklist required by Section 504 of the Rehabilitation Act
of 1973, 29 U.S.C. 794 (1994) or the Americans with Disabilities Act of 1990,42 U.S.C.
~~12111-12213 (1994).
6. Prior to approval of the first drawdown of grant funds for a construction line item of this project, the
Recipient shall provide the following to the State:
a. Notice of the Start of Construction which includes the project name and location, date of bid
opening, date of award, name of general contractor, and the number of the applicable federal
Davis-Bacon Wage decision included in the construction contract. If there is no general
contractor, a notice shall be completed for each specialty contract.
b. Copies of the required certified payroll reports from the general contractor and subcontractors
whose work is covered by the drawdown request.
7. The Recipient shall place a sign indicating the involvement of CDBG funds in the Project in a
clearly visible location on or near the construction sites of facilities that will be available for use by
the public.
8. Any recipient which has had prior CDBG grants or which is the recipient of more than one 2002
CDBG award must undertake at least one activity, in addition to adopting and publishing a Fair
Housing resolution, to promote fair housing opportunities in its community.
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Exhibit B
Page 2 of3
9. a. Change of Use Requirements.
The following condition shall be in effect until five (5) years following the date of issuance by
the State of a Certificate of Completion for this Project:
(1) The real property or facility acquired or improved in whole or in part under this Grant
Contract shall be operated and maintained for the purposes described in the Exhibit E or for
other purposes which meet one of the national objectives of the Community Development
Block Grant Program and which are eligible under Section 105 of the Housing and
Community Development Act of 1974, as amended, 42 U.S.C. ~5305 (1994).
(2) Any change in use of the facility or disposition of property acquired or improved with CDBG
funds must be made in accordance with the standards provided in 24 C.F.R. 570.4890)
(1997).
(3) In the case where the Recipient is not and will not be the owner of the real property or
facility being improved with grant funds hereunder, the Recipient is responsible for ensuring
that the owner of the real property or facility complies with 9.a.(1) and (2) above. As a
condition of using grant funds under this Grant Contract to improve any such real property or
facility, the Recipient shall cause the owner of such real property or facility to duly execute
and record a trust deed against such real property in favor of the Recipient, which trust deed
shall be in form and substance satisfactory to the State.
b. The following language must be included in any contract which transfers the property from the
Recipient to another party:
"It is understood and agreed that this conveyance is made and accepted, and the realty is
transferred, on and subject to the covenant, condition, restriction, and reservation that the realty
must continue to be used for [INSERT THE APPROVED USE OF THE PROPERTY] or for
another eligible use under Title I of the Housing and Community Development Act of 1974, as
amended, 42 U.S.C. ~~5301-5321 (1994).
This covenant, condition, restriction, and reservation shall apply to and run with the conveyed
land. If the realty is not used for the above purposes, then all the right, title, and interest in and
to the described property and to the improvements on such property, shall revert to and revest in
[Recipient NAME] or its successors and assigns, as fully and completely as if this instrument had
not been executed.
No reversion shall render invalid or operate in any way against the lien of any mortgage or deed
of trust given with respect to the conveyed realty in good faith, and for value; and on any such
reversion [Recipient- NAME] shall take title to the conveyed realty subject to any such mortgage
or deed of trust. Provided, however, that should any such mortgage or deed of trust be
foreclosed, then the title acquired by such foreclosure, and the person or persons who thereby
and thereafter become the owner or owners of the conveyed realty, shall be subject to and bound
by all the restrictions contained in this instrument; and further provided, that [Recipient NAME]
may enforce any covenant, condition, and restriction by any other appropriate action at its sole
option. "
I'nIgrwn ~.."-00387a
DOJ ElIempI September 1ll9ll
T
lIB
Exhibit B
Page 3 of3
c. The following language must be included in any deed that transfers the property from the
Recipient to another party:
Attachment "A"
"This deed is subject to all covenants, restrictions, and agreements of record that are made a part
of this deed by reference, including the [INSERT NAME OF DOCUMENT OF SALE OR
TRANSFER] which by this reference is incorporated herein, as though such covenants,
restrictions, and agreements were fully set forth in this deed. Should any mortgage or deed of
trust be foreclosed on the property to which this instrument refers, then the title acquired by such
foreclosure, and the person or persons who thereby and thereafter become the owner or owners
of such property, shall be subject to and bound by all the restrictions, conditions, and covenants
set forth in this instrument."
1 O. The Recipient shall obtain as-built drawings for buildings that will be available for use by the public.
11. The Recipient shall collect and maintain documentation satisfactory to the State that the community
facility meets the national objective of principal benefit to low- and moderate-income persons. Such
documentation shall be:
a. Evidence that shows that the primary use of the facility is by persons who are presumed under
HUD regulations for the Community Development Block Grant Program to be principally low
and moderate income (e.g., elderly or handicapped persons, abused children, battered spouses,
homeless persons, illiterate persons or migrant farm workers), or
b. Data showing the size and annual income of the immediate family of each person benefitting
from the facility so that it is evident that at least 51 percent of the clientele are low and moderate
income, or
c. Income eligibility requirements which limit the benefits of the facility exclusively to low- and
moderate-income persons, or
d. Evidence that the benefits of the facility are available to ALL the residents in a particular area
and that at least 51 percent of those residents are low and moderate income.
12. The obligation of the State to make any disbursements under the Grant Contract is subject to receipt
by the State of a grant administration plan in form and substance satisfactory to the State.
f'IagrMI ~lNlO38n
OOJ ~ Seplember 1_
Attachment" A"
lIB
Exhibit C
Page 1 of3
RECIPIENT'S CERTIFICATION OF COMPLIANCE
WITH STATE AND FEDERAL LAWS AND REGULATIONS
Funds for the Oregon Community Development Block Grant Program are provided through a grant to
the State from the U.S. Department of Housing and Urban Development, under Title I of the Housing
and Community Development Act of 1974, as amended, 42 U.S.c. ~5301 (1994). These funds are
subject to various federal statutes and regulations as well as state laws and administrative rules.
The Recipient hereby represents, warrants and certifies that:
1. it has complied with all relevant federal and state statutes, regulations, executive orders, policies,
guidelines and requirements with respect to the application for and acceptance and use of Oregon
Community Development Block Grant funds, including but not limited to the Act;
2. it possesses legal authority to apply for and accept the terms and conditions of the Grant and to carry
out the proposed Project;
3. its governing body has duly authorized the filing of the application, including all understandings and
assurances contained therein;
4. the person identified as the official representative of the Recipient in the application and the Grant
Contract is duly authorized to act in connection therewith and to provide such additional information
as may be required. The Recipient's official representative has sufficient authority to make all
certifications on its behalf;
5. the Grant Contract does not and will not violate any provision of any applicable law, rule, regulation
or order of any court, regulatory commission, board or administrative agency applicable to the
Recipient or any provision of the Recipient's organic laws or documents; and
6. the Grant Contract has been duly executed by the Recipient's highest elected official and delivered
by the Recipient and will constitute the legal, valid and binding obligations of the Recipient,
enforceable in accordance with their terms.
The Recipient further represents, warrants and certifies that it is following a detailed citizen participation
plan which:
1. provides for and encourages citizen participation, with particular emphasis on participation by
persons of low and moderate income who are residents of slum and blighted areas and of areas in
which funds are proposed to be used;
2. provides citizens with reasonable and timely access to local meetings, information, and records
relating to the Recipient's proposed use of funds, as required by applicable regulations, and relating
to the actual use of funds under the Act;
Progrwn o...lopmIlll\l103$73
DOJ ~ s.ptember 1l18ll
lIB
Attachment" A"
Exhibit C
Page 2 of3
3. furnishes citizens information concerning the amount of funds available in the current fiscal year and
the range of activities that may be undertaken, including the estimated amount proposed to be used
for activities that will benefit persons of low- and moderate-income, and the proposed activities
likely to result in displacement and the plans of the Recipient for minimizing displacement of
persons as a result of activities assisted with such funds and for relocating persons actually displaced
as a result of such activities;
4. provides for technical assistance to groups representative of persons of low and moderate income
that request such assistance in developing proposals, with the level and type of assistance to be
determined by the Recipient;
5. provides for a minimum of two public hearings to obtain citizen views and to respond to proposals
and questions at all stages of the community development program, including at least the
development of needs, the review of proposed activities, and review of program performance, which
hearings shall be held after reasonable notice, at times and locations convenient to potential or actual
beneficiaries, and with accommodation for the handicapped;
6. identifies how the needs of non-English speaking residents will be met in the case of public hearings
where a significant number of non-English speaking residents can be reasonably expected to
participate;
7. provides reasonable advance notice of and opportunity to comment on proposed activities in a grant
application to the State or as to grants already made substantial changes from the Recipient's
application to the State to activities; and
8. provides the address, phone number and times for submitting complaints and grievances and
provides for a timely written answer to written complaints and grievances, within 15 working days
where practicable.
The Recipient represents, warrants and certifies that:
1. it has complied with its obligations as described in Section 6.F of this Grant Contract; and
2. it is following the State of Oregon Residential Antidisplacement and Relocation Assistance Plan
unless it adopts and makes public its own plan which complies with 24 C.F.R. 42.325 (1997). The
Recipient also certifies that it will minimize the displacement of persons as a result of activities
assisted with Oregon CDBG funds.
The Recipient further represents, warrants and certifies that:
1. the grant will be conducted and administered in conformity with the Civil Rights Act of 1964, 42
V.S.C. ~~2000a-2000e (1994), and the Fair Housing Act, and the Recipient will affirmatively further
fair housing; and
2. no lead-based paint will be used in residential units.
Pnlgr8m ~h'D03873
OOJ e.mpt SepIember 1I0Il
lIB
Attachment "A"
Exhibit C
Page 3 of3
The Recipient further represents, warrants and certifies that:
1. it has carried out its responsibilities as described in Section 6.H of the Grant Contract;
2. the officer executing this certification is its chief executive officer (or other designated officer of the
Recipient who is qualified under the applicable HUD regulations):
3. such certifying officer consents to assume the status of a responsible federal official under NEPA
and other laws specified by the applicable HUD regulations, 24 C.F.R. ~~58.1-58.77 (1997); and
4. such certifying officer is authorized and consents on behalf of the Recipient and himself/herself to
accept the jurisdiction of the federal courts for the purpose of enforcement of his/her responsibility
as such an official.
In addition to the above certifications, for grants of $100,000 or more, the undersigned also makes the
certification regarding lobbying set forth in Exhibit C-l attached to the Grant Contract and incorporated
herein by this reference.
Signed
Title
City/County
City of Woodburn
I'lvgrMl o...eloplMlllVJ03en
OOJ ~ September 1188
llB
Attachment "A"
Exhibit C-I
Page I of 1
CERTIFICATION REGARDING LOBBYING
(CDBG Awards of$IOO,OOO or more)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned 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 agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signed
Title
Date
,.,....~3
DOJ EJIen1lC 8epWmber 18lle
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Attachment "A"
Exhibit E
PROJECT DESCRIPTION
City of Woodburn
Recipient will construct a 9,000-square-foot building to house a Head Start Center and a day care center
and to provide space to conduct a variety of adult education services. The facility will primarily serve
migrant farm workers, but some sessions will be open for attendance by other Woodburn residents. The
facility will contain two large classrooms for children's programs and two for adult programs as well as
a computer center accessible to both youngsters and adults. A large commercial kitchen will be used to
prepare meals for children's programs and for cultural events or meetings. Classes on citizenship
preparation, development of leadership skills, English (spoken and written), financial management,
income tax preparation, home ownership, counseling, computer skills, and credit application will be
offered. Adults will use the computers to take college courses via the Internet, to conduct job searches,
and to gain job skills. The facility will also have indoor and outdoor play areas.
PlogrWft ~ol\OO3i73
DOJ e-...c SepMmbet tlllll
T
Attachment JIB"
OREGON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Excessive Force Policy Declaration
"It is the policy of the City of Wood bum that:
(1) Its law enforcement personnel shall not use excessive force against any individuals
engaged in nonviolent civil rights demonstrations, and
(2) Applicable state and local laws that prohibit physically barring entrance to or exit from a
facility or location which is the subject of such nonviolent civil rights demonstrations
within the jurisdiction of the city shall be enforced.
June 11, 2002
Date
~.~
Ri ard Jennings, yor '\
City of Woodburn