|
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,then
<br /> prevailing wages under the Davis-Bacon Act,40 U.S.C.Section 3141 et seq.,shall apply to all work on the Project and Grantee
<br /> shall ensure that all contractors and subcontractors to comply with the Davis-Bacon Act and regulations thereunder. In addition,
<br /> Grantee shall ensure compliance with all applicable provisions of the Contract Work
<br /> HoursandSafetyStandardsAct,40U.S.C.Section328etseq.;CopelandAct(Anti-KickbackAct),18U.S.C.Section874;
<br /> theFairLaborStandardsAct,andregulationsundersuchActs,including29C.F.R.Parts3and5,andwithHUDHandbook 1344.1.These
<br /> requirements include but are not limited to: language within each contract for construction work;payment of prevailing wages
<br /> and fringe benefits;the submittal of various documents as evidence of compliance;withholding of funds;equal employment
<br /> opportunity;and work hours.
<br /> If under other applicable law or any other agreement with respect to the Project, minimum levels of wages or
<br /> benefits are required,then Grantee shall ensure compliance with such levels,and if both Davis-Bacon Act requirements and any
<br /> other such requirements shall apply,then Grantee shall ensure compliance with higher of the applicable levels.
<br /> (g) Economic Opportunities for Low-and Very Low-Income Persons.There shall be compliance with,and Grantee
<br /> shall comply,and cause all contractors and subcontractors to comply,with any and all applicable provisions of
<br /> Section3oftheHousingandUrbanDevelopmentActof1968,asamended,12U.S.C.1701u,thepurposeofwhichisto ensure that
<br /> employment and other economic opportunities generated by Federal financial assistance for housing and community
<br /> development programs shall,to the greatest extent feasible,be directed toward low-and very low-income persons, particularly
<br /> those who are recipients of government assistance for housing.Grantee shall comply,and shall
<br /> requireallcontractorsandsubcontractorstocomply,withallapplicableprovisionsofregulationsissuedpursuantthereto by the Secretary
<br /> of HUD and set forth in 24 C.F.R. Part 135,and with all applicable rules and orders of HUD issued thereunder.Without limiting the
<br /> foregoing,unless another method of demonstrating compliance has been approved in
<br /> writingbytheGrantororbyH U D,Granteeshallcomply,andrequirecauseallcontractorsandsubcontractorstocomply,
<br /> withtheapplicablenumericalgoalsin24C.F.R.Section135.30.
<br /> (h) Relocation and Acquisition.Grantee represents,warrants and agrees that no residential tenants have been or
<br /> will be displaced in connection with the Grant and the Grantee has taken and shall take all reasonable steps to
<br /> minimizethedisplacementofpersons(families,individuals,businesses,nonprofitorganizations,andfarms)inconnection with the Grant.
<br /> If the Grantee or its affiliate has acquired or entered into an agreement to acquire real property in connection with the Grant,
<br /> then Grantee represents and warrants that prior to making an offer for such property,Grantee or such affiliate(1)clearly advised
<br /> the owner in writing that it lacked the power of eminent domain and therefore was unable to acquire the property in the event
<br /> negotiations failed to reach an amicable agreement,and (2) informed the owner in writing of what Grantee or such affiliate
<br /> believed to be the fair market value of the property.Grantee shall comply fully,at Grantee's sole expense,with the City's
<br /> Residential Anti-displacement and Relocation Assistance Plan("RARAP"). If the Project involves the temporary and/or permanent
<br /> displacement of persons,Grantee represents,warrants and agrees that Grantee has provided and shall provide,at a minimum,
<br /> all relocation assistance
<br /> requiredby24CFRSection42;thefederalUniformRelocationActandregulationsthereunder,49CFRPart24;24CFR Section 570.606 and
<br /> any other applicable federal laws or regulations,and shall maintain complete and accurate records
<br /> demonstratingsuchcompliance.G ra nteeagreesthatanydeterminationbyGrantoroftheamou ntofrelocationassistance
<br /> duetoanypersonshallbefinalandbindinguponGrantee,unlessadifferentdeterminationismadebyHUDattherequest of such person,in
<br /> which case the HUD determination shall be final and binding on Grantee.Grantee shall carry out the
<br /> termsofanyrelocationplanapproved byGrantor,butthetermsofanysuchplanshallnotlimitGrantee'sobligationsunder
<br /> thisGrantAgreementorapplicablelawsorregulations,andnosuchapprovalbyGrantorshallbeconstruedasawaiveror
<br /> modificationofanyrequirementofthisAgreementorapplicablelawsorregulations.
<br /> (i) ArchitecturalBarriers.Granteeshallensurethatitspropertyshallcomplywiththeapplicablerequirements of the
<br /> Architectural Barriers Act of 1968(see 42 U.S.C.Sections 4151-57),and shall comply with the following:(a)for residential
<br /> structures,the Uniform Federal Accessibility Standards(Appendix A to 24 CFR part 40),and(b)for other buildings,the
<br /> Architectural Barriers Act Accessibility Standard (ABAAS),Appendices C and D to 36 CFR part 1191(ABA Chapters 1 and 2,and
<br /> Chapters 3 through 10), pursuant to 41 CFR Sec.102-76.60.
<br /> (j) Flood Insurance Protection. If the Grantee's property is in a special flood hazard area as identified by the
<br /> Federal Emergency Management Agency,then Grantee represents,warrants and agrees that flood insurance is and shall remain
<br /> 9 of 10
<br />
|