#2004-CDBG-01
INTERGOVERNMENTAL AGREEMENT
Between
CLARK COUNTY
And
THE CITY OF PORTLAND
This is an Agreement between Clark County, Washington, acting by and through its Department of Community Services (“County”), and the City of Portland, Oregon, acting by and through its Bureau of Housing and Community Development (“City”), pursuant to authority granted in ORS Chapter 190.
PURPOSE:
The County and City desire to expand public awareness of affordable housing opportunities in the Portland-SW Washington metro region. The City maintains a website known as Housing Connections that links people seeking affordable and accessible housing with currently available residences.
The County desires to provide support and cooperation with City for the internet site providing housing information, known as Housing Connections.
The parties agree as follows:
I. TERM.
The term of this agreement shall be from April 15, 2004 to December 31, 2004.
II. RESPONSIBILITIES OF COUNTY.
The County agrees to:
A. Provide funds in the amount of $10,000 to the City for support of its Housing Connections website. The source of the funds is $5,000 of HOME funds (Fund 1938) and $5,000 of CDBG funds (Fund 1939).
B. Make two payments to the City, each in the amount of $5,000, upon receipt of complete and accurate invoices from the City.
III. RESPONSIBILITIES OF CITY:
The City agrees to:
A. Submit two invoices to the County, each in the amount of $5,000, on or about July 10, 2004 and January 10, 2005. The invoices shall include the Agreement number and project name, and name, address, and contact information for the City.
B. Submit two reports to County, one with the July 10, 2004 invoice and the other with the January 10, 2005 invoice. The reports should summarize website use and results, including number of website hits, number of units advertised on the website, number of follow-up phone calls made to rental agencies, number of affordable and accessible units rented through the Housing Connections website.
C. Both parties agree that this Agreement is subject to the availability of federal funds. In the event that City does not have adequate funds to maintain the Housing Connections website throughout the Agreement period, the City agrees to return funds in proportion to the amount of time remaining in the Agreement. County reserves the right to reallocate these funds.
IV. CONTACT PERSONS:
County contact person:
Pete Munroe, CDBG Program Manager
Clark County Department of Community Services
PO Box 5000
Vancouver WA 98666-5000
Phone: (360) 397-2075 ext. 7816
E-mail: pete.munroe@clark.wa.gov
City contact person:
Daniel E. Ledezma
City of Portland
Bureau of Housing and Community Development
421 SW 6th, Suite 1100
Portland OR 97204
Phone: (503) 823-4136
E-mail: dledezma@ci.portland.or.us
V. TERMINATION. This Agreement may be terminated by either party upon sixty (60) days written notice.
VI. INDEMNIFICATION. To the extent permitted by Oregon law, City shall defend, hold harmless and indemnify the County, its officers, agents, and employees from all claims, suits, or actions of whatsoever nature resulting from or arising out of the activities of City or its officers, employees, subcontractors, or agents under this Agreement, except that, with respect to the performance of professional services, City’s obligation to defend, hold harmless and indemnify the County shall apply only to claims, suits, or actions which have or are alleged to have resulted from or arisen out of the negligent acts and omissions of the City, its officers, employees, subcontractors, or agents.
VII. INSURANCE. Each party shall each be responsible for providing insurance as required by law. Neither party shall be required to provide or show proof of any other insurance coverage.
VIII. ADHERENCE TO LAW. Each party shall comply with all federal, state and local laws and ordinances applicable to this Agreement.
IX. NON-DISCRIMINATION. Each party shall comply with all requirements of federal and state civil rights and rehabilitation statutes and local non-discrimination ordinances.
X. ACCESS TO RECORDS. Each party shall have access to the books, documents and other records of the other which are related to this Agreement for the purpose of examination, copying and audit, unless otherwise limited by law.
XI. SUBCONTRACTS AND ASSIGNMENT. Neither party will subcontract or assign any part of this agreement without the written consent of the other party.
XII. ADDITIONAL TERMS AND CONDITIONS:
A. INDEPENDENT CONTRACTOR STATUS. The City is an independent contractor and is solely responsible for the conduct of its programs. The City, its employees and agents shall not be deemed employees or agents of Clark County.
B. TAXPAYER IDENTIFICATION NUMBER. The City shall furnish to the County its federal employer identification number, as designated by the Internal Revenue Service.
C. RECORD CONFIDENTIALITY. The County and City agree to keep all client records confidential in accordance with state and federal statutes and rules governing confidentiality.
D. ACCESS TO RECORDS. Notwithstanding paragraph XI above: The City agrees to permit authorized representatives of the County, and/or the applicable federal or state government audit agency, to make such review of the records of the City as the County or auditor may deem necessary to satisfy audit and/or program evaluation purposes. The City shall permit authorized representatives of the County to site-visit all programs covered by this Agreement. Agreement costs disallowed as a result of such audits, review or site visits will be the sole responsibility of the City. If an Agreement cost is disallowed after reimbursement has occurred, the City will make prompt repayment of such cost.
E. ADHERENCE TO LAW.
1. The City shall adhere to all applicable laws governing its relationships with its employees, including but not limited to laws, rules, regulations and policies concerning workers’ compensation, and minimum and prevailing wage requirements.
2. The City shall not discriminate against any individual with respect to hiring, compensation, terms, conditions or privileges or employment, nor shall any person be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program or activity because of such individual’s race, color, religion, sex, national origin, age or handicap. The City will also comply with all applicable rules, regulations and orders of the Secretary of Labor concerning equal opportunity in employment and the provisions of ORS Chapter 659.
F. AMENDMENTS. Any other amendments to this Agreement, whether initiated by the City or the County, shall be in writing and signed by both parties.
G. WAIVER OF DEFAULT. Waiver of a default shall not be deemed to be a waiver of any subsequent default. Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the provisions of this Agreement.
H. EARLY TERMINATION. Violation of any of the rules, procedures, attachments, or conditions of this Agreement may, at the option of either party, be cause for termination of the Agreement and, unless and until corrected, of funding support by the County and services by the City, or be cause for placing conditions on said funding and/or service, which may include withholding of funds. Waiver by either party of any violation of this Agreement shall not prevent said party from invoking the remedies of this paragraph for any succeeding violations of this Agreement.
I. CERTIFICATION REGARDING LOBBYING. The City certifies, to the best of City’s knowledge and belief, that no federally appropriated funds have been paid or will be paid, by or on behalf of the City, to any person for influencing or attempting to influence an officer or an 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.
THIS IS THE ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties. This Agreement may be modified or amended only by the written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers.
THE CITY OF PORTLAND CLARK COUNTY, WASHINGTON
___________________________________ ___________________________________
Signature Bill Barron, County Administrator
___________________________________ ___________________________________
Title Date
___________________________________
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
By ________________________________ By ________________________________
Deputy City Attorney Deputy Prosecuting Attorney
City of Portland Clark County