HomeMy WebLinkAboutAdden 2 v.r+r
CAG-14-092, Adden #2-15
Department of Community and Human Services
Community Services Division
King County Housing Community Development Section
(206) 263-9105 TTY Relay:711
CONTRACT AMENDMENT
DCHS/ CSD/Housing Community Development Contract No. 5678334
Project/Exhibit(s) VIII -Downtown Commercial Facade Original Contract Date 01/01/2014
Improvement Loan Program (C14753)
Contractor City of Renton Amendment No. 2
Address 1055 South Grady Way Amendment Start Date 03/21/2015
Renton,WA 98055-
Amendment Requested By: Amendment Effects:
X Scope of Service
Community Services Division X Time of Performance
X Compensation
Kathy Tremper/(206) 263-9097 X Method of Payment
PURPOSE
Extend the Contract end date to May 30, 2016.Add Exhibit Vill and $224.601, for the Renton
Downtown Commercial Facade Improvement Loan Program funded through contingency, 2014
program income, and recaptured funds.
A. STANDARD CONTRACT CHANGES
1. Change end date to May 30, 2016.
2. Change funding table as follows:
Exhibit Name Amount Fund Source
11 Renton Meadow Crest Park $22,155 CDBG CFDA#: 14.218
Playground C13752
III Renton CDBG Program Administration $66,491 CDBG CFDA#: 14.218
IV Renton Minor Home Repair $181,836 CDBG CFDA#: 14.218
V Renton Multi Service Center $37,363 CDBG CFDA#: 14.218
Emer enc Assistance
VI Renton Domestic Abuse Women's $20,402 CDBG CFDA#: 14.218
Network DAWN Housing C14151
VII Renton Refugee Women's Alliance $8,726 CDBG CFDA#: 14.218
Emergency Assistance C14152
VIII Downtown Commercial Facade $224,601 CDBG CFDA#: 14.218
Im rovement Loan Program C14753
TOTAL $561,574
City of Renton Page 1 of 2 2015 Contract Amendment-5678334
SII/'` '
B. EXHIBIT CHANGES
Add Exhibit VIII. Downtown Commercial Fagade Improvement Loan Program(C14753).
IN WITNESS HEREOF,the parties hereto have caused this amendment to be executed and instituted
on the date first above written.
KING COUNTY Cl F RENTON
FOR24----
G"LG✓
King CWnty Executive Denis Law, "yor
1 i I [ISJ
Date Jaso A. Se4r, City Clerk
Date
;R1fErO2g/
V
d/////N��ilJllllllll t l 111 f u tltttltt�0'���
City of Renton Page 2 of 2 2015 contract Amendment-5878334
EXHIBIT Vlll
CITY OF RENTON
DOWNTOWN COMMERCIAL FAI;ADE IMPROVEMENT LOAN PROGRAM (C14753)
Contract No.: 5678334 Project No.: C14753-1126067
King County Project Manager: Dave Mecklenburg City Contact Person: John Collum
Start Date: March 21,2015 Telephone: 425 430-6589
End Date: May 30, 2016 Email: icollum@rentonwa.gov
1. WORK STATEMENT
The CITY shall provide Community Development Block Grant(CDBG)funds for economic
development activities to make loans for downtown commercial fagade improvements and any
associated code required improvements of exterior infrastructure in the city of Renton as
described in this Exhibit beginning on March 21, 2015, and completing these services by May 30,
2016. The Catalog of Federal Domestic Assistance(CFDA)number for the Community
Development Block Grant(CDBG) Program is 14.218. All such activities shall be provided in a
manner which fully complies with all applicable federal, state and local laws, statutes, rules and
regulations, as are now in effect or hereafter may be amended. The total amount of
reimbursement pursuant to this Exhibit shall not exceed$224,601.
Program will promote economic development by providing an incentive for property and business
owners to renovate the fagades of their business establishments. Successful outcomes will
produce updated commercial structures meeting current code requirements and storefronts that
will attract retail, eating and drinking and other pedestrian-oriented establishments.
if. PROGRAM DESCRIPTION
A. Goal
To enhance the economic vitality of the City, especially in Downtown, by encouraging
thriving businesses in existing viable buildings.
To promote and encourage continued maintenance and prevent deterioration of existing
buildings that are important to retain in the city's core,whether to convey a sense of the
City's heritage or to retain established building scales as a complement to new, higher
density development.
S. Outcome
The project enhances the sense of downtown as a traditional retail, dining and
entertainment(cultural)district and provides a superior aesthetic improvement, and/or an
opportunity that attracts additional and varied tenants to the downtown area.
C. Indicators
Improvements contribute to enhancing the pedestrian environment of downtown Renton;
either through creating additional foot traffic, improving the building's appearance, and/or
improving the public realm that fronts the building.
City of Renton Page 1 of 9 2014 Contract 5573884 Foch VIII
D. Eligibility
Applicants that meet the following criteria:
1. For profit or nonprofit operating businesses(new or existing)seeking to locate or
expand. Businesses that are, or may become tenants within existing buildings may
apply provided that their landlords/property owners have provided written authority.
2. Owners of existing buildings(vacant or occupied)with a re-use plan.
3. All property taxes and business license fees must be current in order to participate
in the program.
4. The applicant's business must be located within the Downtown or South Renton
subarea as designated within the City Center Community Plan; and within Census
Tract 253, Block Groups 3-5 where at least 51 percent of the residents are
considered to meet low-and moderate-income levels as defined by U.S. Housing
and Urban Development guidelines.
E. Definitions
1. Commercial Fagade Improvement Loans:
Commercial fagade improvement loans shall meet the criteria for"economic
development activities"in the CDBG Program Regulations at 24 CFR Part 570.203
as well as the criteria for benefit to low-and moderate-income persons"in the
CDBG Program Regulations at 24 CFR Part 570.208(a)(1)(i)".
2. Business:
Business shall mean an operational business documented with a Washington
State Business License and a Data Universal Numbering System (DUNS)
Number.
F. Program Requirements
1. Loans shall be made for exterior improvements:
a. Soft costs(consultants,permit fees,financing);
b. Direct costs(working capital, labor);
C. Other(items specified as approved);
d. The minimum loan amount shall be$10,000.
2. Loan Terms
a. The maximum loan term shall be five years with zero percent interest;
b. Provisions for use and control of identified matching funds. Match
requirements can be met through exterior and/or interior improvement
activities.
City of Renton Page 2 of 9 2014 Contract 5673864 Exh Vill
C. Provisions that the loan amount may be forgiven at the end of term if all
program requirements have been completed and the loan recipient is in
good standing.
d. Loan recipient to pay a Loan Origination Fee of$150. or.25 percent of the
actual loan amount, whichever is greater; and Closing Costs(including any
legal fees) of 50 percent of total actual costs.
e. Project must clear HUD required NEPA environmental review completed by
Housing and Community Development(HCD) prior to execution of the
Loan Agreement.
f. Loan fees may not be paid from loan proceeds.
3. Loan Procedures
a. Loan Review
Loan applications will be submitted to a Program Loan Committee for
funding approval. Prior to submittal for review by the Committee,the CITY
shall forward the application to the HCD Community Development Section
Coordinator for confirmation of eligibility and initiation of the NEPA
Environmental Review process. The CITY will be notified of any issues
identified and of any mitigation measures that need to be incorporated into
the Loan Agreement.
b. Site Speck Environmental Review
I. HCD Environmental Specialist shall complete a Site Specific
Environmental Review for each loan prior to the loan package being
forwarded to the Loan Committee for consideration and subsequent
approval. The ER will note all mitigation measures of the fagade
improvements and any required code enforcement exterior
infrastructure improvements associated with the activity that need to
be incorporated into any loan agreement between the City and
business/property owner.
ii. HCD shall also make documents available for public review and
copying if required pursuant to 24 CFR Part 58.
iii. HCD Project Manager shall accompany the ER Specialist during the
Site Specific Environmental Review to evaluate the proposed project
for areas of labor compliance and necessary procurement
requirements to be incorporated into any loan agreement between the
City and business/property owner.
C. Procurement
In accordance with 24 CFR 85.36(b)(9),the City is required to have the
business/property owner maintain sufficient records to support the
significant history of a procurement action, including the rationale for the
selected method of procurement,the selection of the contract type,
contractor selection or rejection, and the basis for the contract price.
City of Renton Page 3 of 9 2014 Contract 5673884 Exh VIII
d. Labor Compliance
I. HCD Project Manager shall present each prime contractor and their
accounting and/or payroll staff with detailed information regarding
compliance with CDBG Program Regulations including, but not limited
to,federal labor standards files(Davis-Bacon and Related Acts
documentation)and Section 3 regulations. Pertinent federal forms will
be distributed at the preconstruction meeting prior to the Notice to
Proceed being issued.
ii. Originals of pertinent federal labor standards files shall be maintained
and kept in a neat, orderly, protected environment by HCD Project
Manager for the duration of the statutory retention periods. Information
regarding these procedures shall be discussed at a Preconstruction
meeting. Should the business/property owner wish for original Certified
Payroll Reports and other similar documents,the Owner's
Representative will need to arrange such procedures(including but not
limited to duplicate originals)during the preconstruction conference or
in weekly project meetings.
e. Loan Commitment
The CITY shall include the conditions specified in Section F.2.a.through
2.d. and all environmental review mitigation measures identified in the HCD
Site Specific Review in any loan commitments to the applicant. The CITY
shall not execute a loan agreement until HCD advises the approval for
release of funds.
f. Loan Closing
The CITY shall arrange for preparation of loan documents for the closing
by providing the following materials to HCD no less than seven (7)
business days before the loan closing:
i. Copy of the executed commitment letter;
ii. Copy of the signed Loan Agreement; and
iii. Loan Disbursement Request Form (to be signed by the HCD Project
Manager and CITY Project Manager).
g. Security
The CITY shall obtain an executed Promissory Note, Deed of Trust and
Covenant at the time of loan approval and will retain said documents in the
Loan File until project construction has been finalized. The Deed of Trust
and Covenant will then be recorded when the final reimbursement invoice
is submitted and the final loan amount has been determined based on
approved loan expenditures.
h, Servicing
Any required loan repayments shall be transmitted to the CITY which in
turn, shall remit them to HCD Community Development Coordinator. HCD
City of Renton Page 4 of 9 2014 Contract 5673884 Exh Vill
shall deposit payments with King County Cash Management and record
them in HUDs Integrated Disbursement and Information System (IDIS)for
reallocation to the CITY as Program Income.
I. Closeout
The CITY shall send a memo to HCD to indicate final payment by the
borrower has cleared and/or the requirements of the loan and its term have
been met and the date the loan is forgiven.
4. Economic Development Beneficiary Data Form
a. For each loan activity outstanding,the CITY shall submit to HCD an
Economic Development Beneficiary Data Form by January 31, 2016.
b. Economic Development Loan Performance Report Form
The CITY shall submit to HCD an Economic Development Loan
Performance Report Form by January 31 of the year following the first full
calendar year(January—December)after the project has been completed.
S. Payment of Loan Funds
The CITY shall provide loan funds on a monthly reimbursement basis ONLY upon
the following conditions:
a. Completion of agreed upon project improvements identified in the loan
application and subsequent loan agreement and all City inspections have
been approved.
b. COUNTY staff has verified that all federal labor requirements, HUD Section
3 requirements, and other regulatory requirements have been met prior to
approving any payment by the City on the PROJECT.
I. The COUNTY shall be the recipient of federally compliant certified
weekly payrolls of construction activity and supporting documents for
labor compliance. Upon review and approval of said documents,
COUNTY shall approve payment.
ii. Payment shall be withheld by the CITY for any costs by the PRIME or
any sub-contractors of construction that is out of compliance.
6. Federal Contract Registration
a. The CITY certifies that the information in the Federal System for Award
Management(SAM) is current.
b. The CITY shall document at the time of the award and disbursement of
funds, the Federal award number, CFDA number 14.218.
7. Copyright
If this Contract results in any copyrightable material, King County reserves the
right to royalty-free, nonexclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use,the work for governmental purposes.
City of Renton Page 5 of 9 2014 Contract 5673884 Exh Vill
8. Public Information
All marketing materials, news releases and other public notices related to projects
funded under this Agreement shall include information identifying the source of
funds as the City of Renton Community Development Block Grant Program.
G. Records
The CITY shall maintain files for this Exhibit containing the following items:
1. Notice of Loan Awards and all pertinent documenters associated with each loan;
2. Motions, resolutions, or minutes documenting Board or Council actions;
3. A copy of this Exhibit and the County's notice to proceed on this Exhibit;
4. Correspondence regarding budget revision requests;
5. Copies of all invoices and reports submitted to the County for this Exhibit;
6. Bills for payment;
7. Copies of approved invoices and warrants;
8. Documentation of the solicitation process used to select vendors and sub-
contractors with original purchase orders and subcontracts;
9. Documentation required by this Contract if any funds provided under this Exhibit
are used to acquire equipment;
10. Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with 2 CFR 200. Such records include, but
are not limited to:
a. Personnel costs, payroll time sheets for actual salary and fringe benefit
costs;time sheets shall be signed by a supervisor and, if less than full time,
annotated to document percent of time charged against this Exhibit;
b. Staff travel, documentation of mileage charges for private auto; and
C. Copy machine use, postage, telephone use, and office supplies.
11. Documentation of each client's eligibility including business location.
12. Verification of business status, including Washington State Unified Business
Identifier(UBI) number, and DUNS number.
13. Loan Files
The CITY shall maintain individual files for each loan including the records
required by CDBG Program Regulations at 24 CFR Part 570.506(b).
H Reports
1. The CITY shall provide HCD with data on borrowers for all loans for setup and
entry into HUD's IDIS system.
City of Renton Page 6 of 9 2014 Contract 5873884 Exh VIII
2. The CITY shall provide annual financial data on borrowers for all loans for updates
into HUD's IDIS system.
3. The CITY shall submit with the final invoice a Completed Project Funding Report
Form provided by the County, itemizing all funding used for the Exhibit.
I. Separation of Funds
The CITY may not use year 2014 funds identified in the Project Budget below to pay for
any costs incurred prior to September 29, 2014, or the date on which the County's
Environmental Record is complete,whichever date is later.
111. COMPENSATION AND METHOD OF PAYMENT
A. The CITY shall apply the following Renton CDBG funds in accordance with the Line Item
Budget below. The total amount of reimbursement pursuant to this Exhibit shall not
exceed $224,601.
1. CDBG Funds
King County CDBG Funds(CFDA 14.218) $ 78,717
Renton 2014 Joint Agreement City Pass—through Funds
Renton 2014 Joint Agreement City Pass—through Reported Program $ 75,764
Income Funds
Renton 2015 Joint Agreement City Pass—through Funds $ 70,120
Total Contract Budget $224,601
2. CDBG Line item Budget
Item CDBG Funds Total Funds
Environmental Review $ 2,000 $ 2,000
Architectural Consultant(Review Designs from City $ 8,000 $ 8,000
Applications)
Closing/Recording Fees $ 5,000 $ 5,000
Financial Assistance $209,601 $209,601
Total Contract Budget $224,601 $224,601
B. Project Milestones
1. The following milestones shall be set forth for project accomplishment. Milestones
may be amended from time to time with the written Contract of the COUNTY and
CITY.
2. The Project shall be implemented in accordance with the following schedule.
Milestones Projected Completion Date
Environmental Review Programmatic March 2015
Environmental Review Site Specific On-going
Procure for Professional Design Services On-going
Construction Complete March 2016
Labor Standards Reviewed and Accepted April 2016
Release Retaina e
Project Funding Report Form Completed April 2016
Project Closed May 30,2016
City of Renton Page 7 of 9 2014 Contract 5673884 Exh VIII
E. Liaison Responsibility
1. John Collum will act a liaison from CITY for the PROJECT.
2. Dave Mecklenburg will act as liaison from COUNTY.
IV. TERM OF AGREEMENT
A. This Agreement becomes effective when it is signed by both Parties.
B. The term of this Agreement is a period beginning when it becomes effective and ending
six years after closeout of the Community Development Block Grant for this PROJECT.
C. This Contract may be suspended or terminated prior to the expiration of its term by:,
1. Written notice provided to the COUNTY from CITY before any materials or
services for improvements are procured; or
2. Mutual agreement by the COUNTY and CITY in accordance with 24 CFR 85.44; or
3. Written notice provided by the COUNTY in accordance with 24 CFR 85.44,
included as Attachment A, resulting from material failure by CITY to comply with
any term of this CONTRACT.
City of Renton Page 8 of 9 2014 Contract 5673884 Exh VIII
`owl
Attachment A
Title 24-Housing and Urban Development Volume: 1
Date: 2012-0401
Original Date: 2012-04-01
Title: Section 85.43-Enforcement.
Context:Title 24- Housing and Urban Development. Subtitle A-Office of the Secretary, Department of
Housing and Urban Development. PART 85-ADMINISTRATIVE REQUIREMENTS FOR GRANTS
AND COOPERATIVE AGREEMENTS TO STATE, LOCAL AND FEDERALLY RECOGNIZED INDIAN
TRIBAL GOVERNMENTS. Subpart C-Post-Award Requirements. - Reports, Records, Retention, and
Enforcement. §85.43.
(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an
award,whether stated in a Federal statute or regulation, an assurance, in a State pian or application, a
notice of award, or elsewhere, the awarding agency may take one or more of the following actions, as
appropriate in the circumstances:
(1)Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee or
more severe enforcement action by the awarding agency,
(2) Disallow(that is, deny both use of funds and matching credit for)all or part of the cost of the activity or
action not in compliance,
(3)Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program,
(4)Withhold further awards for the program, or
(5)Take other remedies that may be legally available.
(b) Hearings, appeals. In taking an enforcement action,the awarding agency will provide the grantee or
subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the
grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.
(c) Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations incurred by
the grantee or subgrantee during a suspension or after termination of an award are not allowable
unless the awarding agency expressly authorizes them in the notice of suspension or termination or
subsequently. Other grantee or subgrantee costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if.
(1)The costs result from obligations which were property incurred by the grantee or subgrantee before the
effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination,
are noncancellable, and,
Code of Federal Regulations/Title 24-Housing and Urban Development/Vol. 1 /2012-04-01501
(2)The costs would be allowable if the award were not suspended or expired normally at the end of the
funding period in which the termination takes effect.
(d) Relationship to debarment and suspension.The enforcement remedies identified in this section, including
suspension and termination, do not preclude a grantee or subgrantee from being subject to 2 CFR part
2424 (see§ 85.35).
(53 FR 8068, 8087, Mar. 11, 1988, as amended at 72 FR 73493, Dec. 27, 2007
City of Renton Page 1 of 1 2015 Contract 5673884 Exh Vill-Aft A