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City of Everett
<br /> Community Development Block Grant Program Agreement
<br /> (f) Davis-Bacon and Related Acts. If any CDBG funds are used to finance construction,as interpreted by HUD,
<br /> then prevailing wages under the Davis-Bacon Act,40 U.S.C. Section 3141 et seq., shall apply to all work on the Project and
<br /> Grantee shall ensure that all contractors and subcontractors to comply with the Davis-Bacon Act and regulations
<br /> thereunder. In addition,Grantee shall ensure compliance with all applicable provisions of the Contract Work Hours and
<br /> Safety Standards Act,40 U.S.C.Section 328 et seq.;Copeland Act(Anti-Kickback Act),18 U.S.C.Section 874;the Fair Labor
<br /> Standards Act, and regulations under such Acts, including 29 C.F.R. Parts 3 and 5, and with HUD Handbook 1344.1.
<br /> These requirements include but are not limited to: language within each contract for construction work; payment of
<br /> prevailing wages and fringe benefits;the submittal of various documents as evidence of compliance;withholding of funds;
<br /> equal employment opportunity; and work hours.
<br /> If under other applicable law or any other agreement with respect to the Project, minimum levels of
<br /> wages or benefits are required,then Grantee shall ensure compliance with such levels, and if both Davis-Bacon Act
<br /> requirements and any other such requirements shall apply,then Grantee shall ensure compliance with higher of the
<br /> applicable levels.
<br /> (g) Economic Opportunities for Low-and Very Low-Income Persons.There shall be compliance with, and
<br /> Grantee shall comply, and cause all contractors and subcontractors to comply,with any and all applicable provisions of
<br /> Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u,the purpose of which is to
<br /> ensure that employment and other economic opportunities generated by Federal financial assistance for housing and
<br /> community development programs shall,to the greatest extent feasible, be directed toward low-and very low-income
<br /> persons, particularly those who are recipients of government assistance for housing. Grantee shall comply, and shall require
<br /> all contractors and subcontractors to comply,with all applicable provisions of regulations issued pursuant thereto by the
<br /> Secretary of HUD and set forth in 24 C.F.R. Part 135, and with all applicable rules and orders of HUD issued thereunder.
<br /> Without limiting the foregoing, unless another method of demonstrating compliance has been approved in writing by the
<br /> Grantor or by HUD,Grantee shall comply,and require cause all contractors and subcontractors to comply, with the
<br /> applicable numerical goals in 24 C.F.R.Section 135.30.
<br /> (h) Relocation and Acquisition. Grantee represents,warrants and agrees that no residential tenants have been
<br /> or will be displaced in connection with the Grant and the Grantee has taken and shall take all reasonable steps to minimize
<br /> the displacement of persons(families,individuals,businesses, nonprofit organizations,and farms)in connection with the
<br /> Grant. If the Grantee or its affiliate has acquired or entered into an agreement to acquire real property in connection with
<br /> the Grant,then Grantee represents and warrants that prior to making an offer for such property, Grantee or such affiliate
<br /> (1) clearly advised the owner in writing that it lacked the power of eminent domain and therefore was unable to acquire
<br /> the property in the event negotiations failed to reach an amicable agreement, and (2) informed the owner in writing of
<br /> what Grantee or such affiliate believed to be the fair market value of the property. Grantee shall comply fully,at Grantee's
<br /> sole expense,with the City's Residential Anti-displacement and Relocation Assistance Plan ("RARAP"). If the Project
<br /> involves the temporary and/or permanent displacement of persons, Grantee represents, warrants and agrees that Grantee
<br /> has provided and shall provide, at a minimum, all relocation assistance required by 24 CFR Section 42;the federal Uniform
<br /> Relocation Act and regulations thereunder,49 CFR Part 24;24 CFR Section 570.606 and any other applicable federal laws or
<br /> regulations,and shall maintain complete and accurate records demonstrating such compliance. Grantee agrees that any
<br /> determination by Grantor of the amount of relocation assistance due to any person shall be final and binding upon Grantee,
<br /> unless a different determination is made by HUD at the request of such person, in which case the HUD determination shall be
<br /> final and binding on Grantee. Grantee shall carry out the terms of any relocation plan approved by Grantor,but the terms of
<br /> any such plan shall not limit Grantee's obligations under this Grant Agreement or applicable laws or regulations,and no such
<br /> approval by Grantor shall be construed as a waiver or modification of any requirement of this Agreement or applicable laws
<br /> or regulations.
<br /> (i) Architectural Barriers.Grantee shall ensure that its property shall comply with the applicable requirements of
<br /> the Architectural Barriers Act of 1968 (see 42 U.S.C. Sections 4151-57), and shall comply with the following: (a)for
<br /> residential structures,the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40), and (b)for other
<br /> buildings,the Architectural Barriers Act Accessibility Standard (ABAAS),Appendices C and D to 36 CFR part 1191 (ABA
<br /> Chapters 1 and 2, and Chapters 3 through 10), pursuant to 41 CFR Sec. 102-76.60.
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