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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,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 Hours and Safety Standards Act,40 U.S.C.
<br /> Section 328 et seq.;Copeland Act(Anti-Kickback Act),18 U.S.C.Section 874;the Fair Labor Standards Act, and regulations under
<br /> such Acts, including 29 C.F.R. Parts 3 and 5, and with HUD Handbook 1344.1.These requirements include but are not limited
<br /> to: language within each contract for construction work;payment of prevailing wages and fringe benefits;the submittal of
<br /> various documents as evidence of compliance;withholding of funds;equal employment 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 Section 3 of the
<br /> Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701u,the purpose of which is to ensure that employment
<br /> and other economic opportunities generated by Federal financial assistance for housing and community development programs
<br /> shall,to the greatest extent feasible,be directed toward low-and very low-income persons, particularly those who are recipients
<br /> of government assistance for housing. Grantee shall comply,and shall require all contractors and subcontractors to comply,with
<br /> all applicable provisions of regulations issued pursuant thereto by the Secretary of HUD and set forth in 24 C.F.R. Part 135,and
<br /> with all applicable rules and orders of HUD issued thereunder.Without limiting the foregoing, unless another method of
<br /> demonstrating compliance has been approved in writing by the Grantor or by HUD,Grantee shall comply,and require cause all
<br /> contractors and subcontractors to comply,with the 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 or
<br /> will be displaced in connection with the Grant and the Grantee has taken and shall take all reasonable steps to minimize the
<br /> displacement of persons(families,individuals,businesses,nonprofit organizations,and farms)in connection with the Grant. If the
<br /> Grantee or its affiliate has acquired or entered into an agreement to acquire real property in connection with the Grant,then
<br /> Grantee represents and warrants that prior to making an offer for such property,Grantee or such affiliate(1) clearly advised the
<br /> 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 required by 24 CFR Section 42;the federal Uniform Relocation Act and regulations thereunder,49 CFR Part
<br /> 24;24 CFR Section 570.606 and any other applicable federal laws or regulations,and shall maintain complete and accurate
<br /> records demonstrating such compliance. Grantee agrees that any determination by Grantor of the amount of relocation assistance
<br /> due to any person shall be final and binding upon Grantee,unless a different determination is made by HUD at the request of such
<br /> person, in which case the HUD determination shall be final and binding on Grantee.Grantee shall carry out the terms of any
<br /> relocation plan approved by Grantor,but the terms of any such plan shall not limit Grantee's obligations under this Grant Agreement
<br /> or applicable laws or regulations,and no such approval by Grantor shall be construed as a waiver or modification of any requirement
<br /> of this Agreement or applicable laws or regulations.
<br /> (i) Architectural Barriers.Grantee shall ensure that its property shall comply with the applicable requirements 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 b 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 /> in effect,at Grantee's expense, in accordance with Section 102(a)of the Flood Disaster Protection Act of 1973(42 U.S.C.Section
<br /> 4001 et seq.)_
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