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HomeMy WebLinkAbout5149 Contract Number: 5149 Vendor- YWCA OF KITSAP COUNTY Subject: ASA - Bilingual Legal Advocate Department: CDBG File Class: LEG 12 -1 Begin Date: 1/1/2012 End Date: 12/31/2012 Review Date: Vault Date: Comments: CLOSED rv' AGENCY SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT AN AGREEMENT, by and between C�ty of Bremerton heremafter referred to as "Crty" and, YWCA of Kitsap County, heremafter referred to as "Agency" by which the Agency agrees to carry out specific act�vit�es under Crty of Bremerton's Commun�ty Development Block Grant Program and establishing certam other terms and conditions of operation IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES The Crty, as recip�ent of a Commumty Development Block Grant (CDBG) from the United States Department of Housmg and Urban Development (HtJD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activ�ties spec�fically descr�bed m the applicat�on and summanzed below. A. General Statement YWCA ALIVE Legal Advocacy wdl provide program seiwces to 400 mdiwduals seekmg assistance with no- cost legal advocacy, safety p/anning, domesfic wolence response servrces, and WA Sfate Certified Victim's Serwces Tra►ning Grant funds wdl be used spec�cal/y for partial salary and benefits of one full-t�me Legal Advocate B. Agencv Shall• Provide program services to 400 individuals seeking assistance under the ALIVE Legal Advocacy Program, including • Legal Advocay • Crisis Response � • Safety Plannrnng • Advocacy-based counseling • Court accompaniment, civd protection orders, d�vorce and chdd custody • Bdingual Serwces • Victims' Services Training Track short and long term successes through the followmg measureable outcomes • 100% of clients served will receive legal advocacy services and wdl have mcreased awareness of legal options • 150 non-English speaking clients wdl receive culturally and linguistically appropriate legal advocacy services 2 • Advocates will respond to at least 350 information and referral calls, including bilingual calis � 5 bdingual community forums wdl be heid in 2012 • 8 victims' Services training sessions wili be avadable to commuity partners, staff, or others • 95% wdl mcrease knowledge of and access to ma�nstream resources, wdl experience mcreased empowerment and self-determination, and confidence to make changes $ Mamtam required records and track relevant data to demonstrate CDBG program successes, includin number of undu licated clients served, se aratin the counts between the Ci and the e � f� � �; S ,� � County, mcluding race and ethrnciry g Submit quarterly reports and bdling vouchers in a timely manner 10 Submit photos (JPEG) of the program in action with your final quarterly report 11 Seek improvements to overall operations SECTION 2. PROJECT DESCRIPTION Tvne of Proiect Bilingual Legal Advocate Proiect Location Bremerton, WA Object of Activity: Surtable Living Environment Outcome: Availab�l�ty / Accessib�lity Basic Eligible Activity: 24 CFR 570 201(e) Public Services SECTION 3. TERM OF AGREEIVIENT Funded Amount $10,812 Action Plan Year: 2012 Service Area Bremerton / Kitsap County Action Description Code: OSC NationalObjective: LMC The term of this Agreement �s January 1, 2012 through December 31, 2012 Should add�tional time for auditmg this proJect be required, tn accordance wrth law, this Agreement shall be deemed automatically extended until such time as the said audrt shall be completed In any event, the term of th�s Agreement shall cover the penod that the Agency has control over Commumty Development Block Grant funds, mcludmg program mcome SECTION 4. PROGRAM R�PORTING The Agency shall submit such reports as required by the C�ty to meet �ts local obligations and its obligation to the Department of Housing and Urban Development The C�ty wilt prescribe the report format, as well as the t�me and location for submission of such reports. Required reports mcluded but are not lim�ted to the following (A) Quarterly reports which shall mclude the progress made to date, or�ust�fication for lack of progress, in providmg the servtces specified m Article I, Sect�on 1 Scope of Services, of this Agreement accordmg to the schedule for completion in Article 1 Section 3 Schedule for Completion of this Agreement �B) (C) (D) Quarterly reports on demographic, neighborhood residence, and income mformation regardmg persons assisted by the Agency through th�s Agreement Semi-Annual budget reconcil�at�on which will compare your approved budget w�th actuals for year-to- date Close out reports mcluding a final performance report, inventory of all property acquired or improved with CDBG funds, and final financtal report, upon termmation or completion of the award � ARTYCLE II. FINANCIAL CONDITIONS SECTION 1. BUDGET AND COMPENSATION The City shall reimburse the Agency its allowable costs for the services identified m th�s Agreement not to exceed Ten Thousand Eight Hundred Twelve Dollars ($10,812.00) upon presentation of a properly executed mvoice m a form approved by the C�ty Such re�mbursement shall constitute full and complete payment by the C�ty under this Agreement Allowable costs shall mean those necessary and proper costs �dentified in the Agency's appl�cat�on and approved by the City unless any or all such costs are d�sallowed by the State of Washmgton or the Umted States Any re�mbursements made under this Agreement must comply with the applicable requirements of 24 CFR Part 85 The Agency may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs The amount of each request must be limrted to the amount needed Bud�et Summarv See Attachment `A' for Budget Summary T�me of Pavment Payment shall be made upon rece�pt of reimbursement request voucher mai(ed to CDBG Office, City of Bremerton Department of Community, 345 6� Street Suite 600, Bremerton, WA 98337-1869. Where Pavments Are Made Payments shall be made to YWCA of Kitsap County, PO Box 559 Bremerton, WA 98337 The Agency shall apply the funds received from the City under this Agreement m accordance wrth the Budget Summary outlmed m Attachment A Any lme-item expense, by rtself or m combmation with other lme item expense change, equal to or greater than 10% of the total budget amount over the life of the Agreement shall requ�re a formal amendment to the Agreement Any request for a lme-item expense, by itself or m combmation w�th other lme rtem expense change, equal to or less than 10% of the total budget amount shall be subm�tted m writmg and shall specifically state the reasons for the requested �ncrease and a�ustification for the correspondmg decrease m other lme-item(s). All budget rev�sion and/or amendment requests will be rev�ewed and approved or denied by the Crty SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invo�ces, vouchers or other official documentation, as evidence of the nature and propr�ety of the charges. All accountmg documents pertaming in whole or in part to this Agreement shall be clearly identified and read�ly accessible, and upon reasonable not�ce, the C�ty and United States shall have the r�ght to audit the records of the Agency as they relate to the work The Agency shall also (A) Mamtain an effective system of internal fiscal control and accountability for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for author�zed purposes 3 (B) Keep a contmuing record of all d�sbursements by date, check number, amount, vendor, description of �tems purchased and Ime item from wh�ch money was expended, as reflected in the Agency's accountmg records. The line rtem notat�ons must be substantiated by a receipt, invoice marked "Paid," or payroll record (C) Mamtam payroll and financial records for a per�od of six (6) years after receipt of final payment under this Agreement prov�ded that th�s program has been momtored by HUD and the annual State audit (wh�ch mcluded the CDBG Program), has been completed. (D) Permit mspection and audit of its records w�th respect to all matters authorized by th�s Agreement by representatives of the City the State Auditor or the Umted States at nay time durmg normal busmess hours and as often as necessary (E) Inform the City concernmg any funds allocated to the Agency, that the Agency ant�c�pates will not be expended durmg the Agreement penod, and permit reassignment of the same by the C�ty to other agenctes (F) Repay to the Crty any funds �n its possession at the time of termmat�on of th�s Agreement that may be due to the Crty or the Umted States (G) Mamtam complete records concerntng the receipt and use of all program mcome Program mcome shall be reported on a monthly bas�s on forms prov�ded by the Crty SECTION 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentatton of a properly executed mvoice m a form approved by the City. Only those allowable costs dtrectly related to the Agency's applicat�on, approved by the City shall be paid consistent wrth Article II Section 2 Documentation of Costs and Other Financial Reportmg. The Amount of each request must be limited to the amount needed for payment of eligible costs Notwithstandmg any other prov�s�ons m this section, retmbursement for construction contracts shall have ten percent (10%) of the payment retained unt�l close out of funds pursuant to Art�cle IV, Sectton 12 of this Agreement In the event the City or Umted States determmes any funds were expended by the Agency for unauthonzed or meligible purposes or the expenditures constrtute disallowed costs m any other way, the Crty or Umted States may order repayment of the same The Agency shall remrt the disallowed amount to the City wrthm thirty (30) days of written not�fication of the d�sallowance (A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will be sub�ect to cancellat�on by the City (B) The Agency agrees that upon exptration of this Agreement, the Agency shall transfer to the Crty any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be ava�lable for any cause other than m�sfeasance of the C�ty itself. 4 (D) The Crty reserves the right to w�thhold payments pending timely del�very of program reports or documents as may be required under this Agreement SECTION 4. PROGRAM INCOME Use of any program income rece�ved by the Agency w�th CDBG funds under th�s Agreement shall comply w�th 24 CFR 570 504(c), consistent w�th the provisions descr�bed as follows This pro�ect will not generate any program mcome If author�zed above, program mcome generated from the use of CDBG funds that is allowed to be retamed by the Agency will be considered additional CDBG funds, sub�ect to all cond�tions appl�cable to the use of funds described in this Agreement All program mcome shall be substantially d�sbursed for el�gible act�vities before additional requests for re�mbursement are made to the C�ty Program mcome not used m this manner shall be returned to the City Complete records shall be maintamed on the receipt and use of all program mcome Any program income on hand when th�s Agreement is termmated, or rece�ved after such termination, shall be re�mbursed to the City ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE All Agencies providmg direct benefit serv�ces shall provide such services to benefit very low and low mcome persons to the maximum extent feasible (but not less than 51%) Individual persons or families prov�ded a specific direct benefit or serv�ce must qualify under Federal Sect�on 8 mcome limrts as established by HUD Any devtation can be made only �f �t is clear that the service or benefit, to a person who income exceeds very low and low mcome persons, is otherwise necessary as an integral part of the activrty The Agency shall mamtain records that clearly document the mcome range and households size of the persons it serves. Furthermore, the Agency shall mamtam records documenting �f the person being served is a female head of household, is handicapped, and/or is an ethnic/racial minority SECTION 2. UNIFORM ADMII�TISTRATIVE REQUIREMENTS (A) Agenc�es which are governmental entit�es (mcludmg public agencies), shall comply w�th the requirements and standards of OMB Circular No. A-87, "Prmc�ples for Determtnmg Costs applicable to Grants and Contracts w�th State, Local and Federally recogntzed Indian Tribai Governments" OMB Circular A-133, "Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with the followmg sections of 24 CFR Part 85 "Uniform Administrative Requtrements for Grants and Cooperative Agreements to State and Local Governments" (1) Section 85 3, "Definitions", (2) Section 85 6, "Excepttons", (3) Section 85 12, Special grant or subgrant condrt�ons for "high-risks' grantees", (4) Section 85 20, "Standards for financial management system," except paragraph (a), (5) Section 85.21, "PaymenY', except as modified by part 570.513, 5 (6) ��) �g) (9) Section 85 22, "Allowable costs", Sect�on 85 26, "Non-federal audits", Section 85 32, "Equipment", except m all cases m wh�ch the equipment �s sold, the proceeds shall be program income, Sect�on 85.33, "Supplies", (10) Sect�on 85 34, "Copyr�ghts", (11) (12) (13) (14) Sect�on 85 35, "Subawards to debarred and suspended parties", Section 85 36, "ProcuremenY', except paragraph (a), Sect�on 85 37, "Subgrants " , Section 85 40, "Monitormg and reportmg program performance ", except paragraphs (b) through (d) and ( fl, (15) Sect�on 85 41, "Financial reportmg ", except paragraphs (a), (b), and (e) , (16) Section 85 42, "Retent�on and access requirements for records", except that the per�od shall be four (4) years, (17) Section 85 43, "Enforcement", (18) (19) (20) Section 85 44, "Terminat�on for conventence", Section 85 51, "Later dtsallowances and ad�ustment", and Sect�on 85 52, "Collection of amounts due" (B) Agencies, except Agenc�es wh�ch are governmental entrt�es, shall comply wrth the requirements and standards of OMB Circular No. A-122, "Cost Prmc�ples for Non-Profit Orgamzat�ons" or OMB Circular No A-21, "Cost Principles for Educational Inst�tutions, as applicable, and OMB Circular A- 133 "Audrts of Inst�tutions of Higher Education and Other Nonprofit Institut�ons" (as set forth m 24 CFR part 45) Aud�ts shall be conducted annually Such agencies shall also comply with the followmg provis�ons of the Umform Admimstrative requirements of OMB Circular No A-110 (�mplemented at 24 CFR part 84, "Uniform Admmistrative Requirements for Grants and Agreements wrth Institutions of Higher Education, Hosp�tals or Other Non-Profit Orgamzations") or the related CDBG provision, as spec�fied below (1) ��: (3) Subpart A, - "General", Subpart B, -"Pre-Award Requirements," except for § 84 12, "Forms for Applymg for Federal Assistance"; Subpart C= `Post-Award Requirements," except for � (�) Section 84 22, "Payment Requirements," Grantees shall follow the standards of §§85 20(b)(7) and 85.21 m makmg payments to subrecipients; (ii) Section 84 23, "cost shanng and Matching"• (iit) Section 84 24, "Program Income." In lieu of §84.24, CDBG subrecipients shall follow §570 504, (iv) Section 84 25, "Rev�sion of Budget and Program Plans" (v) Sect►on 84.32, "Real Property." In lieu of §84.32, CDBG subrecipients shall follow §570 505, (v�) Section 84 34(g), "Equipment " In lieu of the dispos�tion prov�sions of §84 34(g), the followmg appl�es (A) In all cases m which eyuipment �s sold, the proceeds shall be program mcome (prorated to reflect the extent to wh�ch CDBG funds were used to acquire the equipment), and (B) Equipment not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retamed after compensatmg the recipient, (vu) Section 84 51 (b), (c), (d), (e), (�, (g), and (h), "Monrtormg and reportmg Program Performance", (viti) Section 84 52, "Financ�al Reporting", (�x) Sect�on 84 53(b), "Retention and access requirements for records " Section 84 53(b) applies w�th the followmg exceptions: (A) The retent�on period referenced m§84.53(b) pertammg to individual CDBG act�vrties shall be four years, and (B) The retention per�od starts from the date of submission of the annual performance and evaluation report, as prescribed m 24 CFR 91 520, in which the specific activity is reported on for the final time rather than from the date of submiss�on of the final expendrture report for the award, (x) Section 84 61, "Termmation " In lteu of the provisions of §84 61, CDBG subrecipients shall comply with §570 503(b)(7); and (xi) Subpart D-"After-the Award Requirements," except for §84 71, "Close-out Procedures " SECTION 3. SEPARATION OF CHURCH AND STATE In addition to, and not m substttution for, other provisions of this Agreement regardmg the provision of services utilizing CDBG funds the Agency agrees that, m connection wrth such services (A) It will not discrimmate against any employee or applicant for employment on the bas�s of rei�gion and will not limit such services or give preference to persons on the basis of religion, (B) It will not dtscrimmate agamst any person apply�ng for such publ�c services on the basis of religion and will not limit such services or give preference to persons on the basis of rel�g�on, (C) It w�ll provide no religious mstruct�on or counseling, conduct no religious worship or services, engage m no religious proselytizing, and exert no other rel�gious mfluence m the provision of such services; (D) The port�on of a fac�lity used to prov�de services assisted in whole or in part under this Agreement shall contam no sectarian or religious symbols or decorations whtle it is being used to provide CDBG funded services. 7 SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Executive Order 11246 as amended by Execut�ve Order 12086 and the regulat�ons issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, rel�gion, sex, or nat�onal origin in all phases of employment during the performance of Federal or federally ass�sted construction contracts. The Agency shall take affirmative action to ensure fair treatment m employment, upgradmg, demotion, or transfer, recruitment or recruitment advertising, layoff or termmation, rates of pay, or other forms of compensation and selection for trammg and apprenticeship Speci�cally, the Agency shall ensure that provisions as follows are included in all construction contracts awarded in excess of $10,000 and monitor compliance: (A) The Contractor will, m all solicitat�ons or advertisements for employees placed by or on behalf of the Contractor, state that all qualified appl�cants w�ll receive consideration for employment wrthout regard to race, color, religion, sex, or national origin (B) The Contractor w�ll send to each labor union or representative of workers with which he had a collective bargammg agreement or other contract or understandmg, a notice to be provided by the agency contractmg officer, advismg the labor union of workers' representat�ve of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the not�ce in conspicuous places available to employees and applicants for employment (C) The Contractor will furnish all mformation and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and wiil permit access to his books, records, and accounts by the contractmg agency and the Secretary of Labor for purposes of investigation to ascertam compliance with such rules, regulations, and orders (D) In the event of the Contractor's noncompliance with the nondiscrtmmation clauses of this Agreement or wrth any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended m whole or m part and the Contractor may be declared meligible for further Government contracts m accordance with procedures authorized m Executive Order 11246 of September 24, 1965, and such other sanctions in Execut�ve Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law (E) The Contractor will include the provisions of this Section (Article III (4)) m every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of executive Order 11246 of September 24, 1965, so that such provisions will be bmdmg upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be d�rected by the Secretary of Labor as a means of enforcmg such provisions mcluding sanctions for noncompliance, prov�ded, however, that m the event the Contractor becomes mvolved �n, or ts threatened with, lit�gation with a subcontractor or vendor as a result of such directton, the Contractor may request the Unrted States to enter �nto such lrt�gation to protect the mterests of the United States SECTION 5. LOCAL EMPLOYMENT AND PURCHASING Fundmg under this agreement is sub�ect to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u the Agency agrees to comply w�th prov�sions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban 8 Development �ssued there under The Agency agrees that they are under no contractual or other disabilrty which would prevent them from complying with these requirements. Section 3 requires that to the greatest extent feas�ble, opportunrt�es for training and employment be given to lower income restdents of the pro�ect area and agreements for work m connect�on w�th the project be awarded to busmess concerns which are located m or owned m substantial part by persons residmg in, the area of the project Section 3 applies to training, employment, contracting and other economic opportumties arismg m connection with the expend�ture of housmg assistance and commun�ty development assistance that is used for the following projects 1 Housing rehabilitation (mcluding reduction and abatement of lead based paint hazards, but excluding routme mamtenance repair and replacement); 2 Housing construction, and 3 other publ�c construction SECTION 6. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or rts designees or agents, no member of the governmg body of the localrty m which the program is s�tuated, and no other public official of such locality or localities who exercises any funct�on or responsib�lrt�es with respect to the program dur�ng his tenure or for one year thereafter, shail have any mterest, direct or mdirect, m thts Agreement or any Subagreement, hereto or the proceeds thereof The Agency shall take appropriate steps to assure compliance including incorporation of the following provision in every Subcontract The Contractor covenants that no person who presently exerc�ses any funct�ons or responsibilities m connection with the City of Bremerton CDBG Program will obtain a personal or financial mterest from the CDBG ass�sted activ�ty The Contractor further covenants that he/she presently has no mterest m, nor shall he/she acquire any mterest, direct or mdirect, erther for themselves or those w�th whom they have business, or family, which would conflict m any manner or degree wrth the performance of his/her services hereunder The contractor further covenants that in the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be dtsclosed to the Agency and the C�ty SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING The Agency shall comply w�th the requirements relating to displacement, relocation, acqu�sition and replacement of housmg (24 CFR Part 570 606). D�splacement of persons (fam�lies, mdiv�duals, businesses, non-profit organizations and farms) as a result of activ�t�es assisted with CDBG funds is generally d�scouraged and m all mstances must recerve pr�or written approval from the City SECTION 8. DAVIS BACON AND RELATED ACTS The Agency shall comply with the requirements of the Davis-Bacon and Related Acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alterat�on, and/or repair exceeds $2,000, is federally assisted, and mvolves the employment of laborers and/or mechanics to perform the work � SECTION 9. LEAD BASED PAINT The Agency shall comply w�th HLJD Lead-Based Regulations (24 CFR Part 35 et al) issued in the Federal Reg�ster, September 15, 1999 which reyuire elimmat�on, as far as practical, of immediate hazards, due to the presence of pamt m residential structures wh�ch may contam lead to wh�ch children under seven years of age may be exposed SECTION 10. DISCRIlVIINATION PROHIBITED (A) The Agency shall not, on the grounds of race, color, sex, relig�on, national or�gm, creed, mantal status, or age (1) Deny a qualified mdrvidual any facilities, financial aid, services or other benefits provided under this Agreement; (2) Provtde any facil�ties, services, financ�al aid, or other benefits which are different, or are prov�ded m a different manner, from those prov�ded to others under th�s Agreement, (3) SubJect an mdividual to segregated or separate treatment m any facility m, or m any matter if process related to receipt of any service or benefit under this Agreement, (4) Restrict an mdividual m any way m access to, or m the en�oyment of any advantage or pr�vilege en�oyed by others m connection wrth any service or benefit under this agreement, (5) Treat anyone differently from others m determ�mng if they satisfy any adm�ssion, enrollment, eligib�lrty, membership or other requ�rement or condrtion which the mdrvidual must meet to be provided a service or benefit under this Agreement, (6) Deny anyone an opportunrty to partic�pate m any program or activrty as an employee wh�ch is different from that afforded others under this Agreement (B) The Agency shall abide by all appl�cable provis�ons of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibrting discrimmation agamst hand�capped mdividuals, and the Age Discnminatton Act of 1975 (implemented m 24 CFR part 146) prohibrting discrimmation on the basis of age, etther through purpose or intent (C) If assignment and/or subcontracting has been authonzed m writmg, said asstgnment or subcontract shall mclude approprtate safeguards agamst discrtmmation m client services bmding up on each contractor or subcontractor The Agency shall take such action as may be required to ensure full compliance wrth the provisions of this section, includmg sanct�ons for noncompliance SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570 614 A building or facility designed, constructed, or altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of "residential structure" as defined in 24 CFR part 40.2 or the definrtion of "buildmg" as defined m 41 CFR part 101-19.602(a) is sub�ect to the requirements of the Architectural Barners Act of 1968 (42 USC 4151-4157) and shall comply wrth the Untform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general `[17 type buildtngs) The Americans wrth D�sabilrties Act ("ADA") (42 USC 12131, 47 USC 155, 210, 218 and 255) requires that the design and construction of fac�lrties for first occupancy after January 26, 1993 must mclude measures to make them readtly access�ble and usable by individuals w�th disabilrties The ADA further reyuires the removal of architectural barners and commumcation barriers that are structural in nature m existmg facilities, where such removal is readily achievable -- that �s, eas�ly accomplishable and able to be carried out without much difficulty or expense SECTION 12. OTHER PROGRAM REQUIREMENTS The Agency shall carry out each act�vrty m compliance with all Federal laws and regulations described �n Subpart K of 24 CFR 570, regardless if the law �s specifically stated in thts Agreement, except that (A) The Agency does not assume the Crty's environmental responsibilities described m Section 570 604, and (B) The Agency does not assume the C�ty's responsibility for mitiatmg the rev�ew process under Executive Order 12372 ARTICLE IV: GENERAL CONDITIONS SECTION 1. COMPLIANCE WITH LAWS The Agency, m performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordmances, and the rules and regulattons promulgated by the U S Department of Housmg and Urban Development, mcludmg but not limrted to Federal Commun�ty Development Block Grant Regulations, Washington Law Against Discrimmation, and other policies and guidelines established for the C�ty of Bremerton CDBG Program by the Bremerton Crty Council. Agency agrees to comply wrth all provtsions of the Amencans With Disabil�ties Act and all regulations mterprettng or enforcmg such act Agency agrees to comply with the National Environmental Pol�cy Act (NEPA) through the entire course of the pro�ect SECTION 2. LIC�NSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtam at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certification and operation of facilrties and programs, and accreditation and licensmg, certification and operation of fac�lities and programs, and accredrtat�on and l�censmg of individuals, and any other standards or cr�teria as descr�bed in the Agreement to assure quality of services SECTION 3. INSURANCE Pnor to commencmg work, Agency shall procure and maintam at Agency's own cost and expense for the duration of the Agreement the followmg insurance placed with msurers wrth a mtn�mum Best's rating of A-, VI agamst cla�ms for m�uries to persons or damages to property wh�ch may arise from or m connection with the performance of the work or services hereunder by the Agency, his agents, representatives, employees or subcontractors Minimum Limits of Insurance. Agency shall mamtam limits no less than 11 • Commercral General Lrability One million dollars ($1,000,000) combmed single limit per occurrence for bodily m�ury and property damage, and two million dollars ($2,000,000) aggregate. Coverage shall be on an "occurrence" basis Crty of Bremerton shall be named, by endorsement, as an addrtional msured on the Agency's insurance policy as respects this contract. Such msurance as carr�ed by the Agency is pr�mary over insurance carried by the City Comprehensive Automobtde Lrability Insurance One million dollars ($1,000,000) combined single limit per accident for bodily mjury/property damage • Workers' Compensatron and Employer's Ltability Workers' Compensation coverage as required by the State of Washington Evidence of Agency's Insurance shall be presented to Crty of Bremerton Risk Management pnor to the execut�on of the agreement In the event of non-renewal, cancellation, or material change m coverage, thirty (30) days wntten not�ce will be furnished to the C�ty prior to the date of cancellation, non-renewal or change SECTION 4. INDEMNITY The Agency agrees to defend, �ndemnify and save harmless the City, its appomted and elected officers and employees from and agamst any and all l�ability, loss, costs, damage and expense, mcludmg costs and attorney fees in defense thereof because of act�ons, claims or lawsurts for damages resulting from personal or bodily in�ury, including death at any time resultmg from there, sustamed or alleged to have been sustamed by any person or persons and on account of damage to property, aristng or alleged to have arisen directly or mdirectly out of or m consequence of or the performance of this Agreement, whether such m�uries to persons or damage to property �s due to the negl�gence of Agency, �ts subcontractors, agents, successor, assigns This prov�sion shall be mappl�cable to the extent the C�ty �s judicially found solely negligent for such damage or m�ury SECTION 5. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the C�ty shall be m writmg and delivered to the follow�ng parties at the follow�ng addresses City: CDBG Office Crty of Bremerton Community Development 345 6`" Street Su�te 600 Bremerton, WA 98337-1869 Agency: YWCA of Krtsap County Lmda Joyce PO Box 559 Bremerton, WA 98337 SEC'Y'ION 6. CITIZEN PARTICIPATION The Agency will implement the provisions of this Agreement m such a manner as not impede the attamment of widespread crtizen participation m plannmg and carrying out the project. SECTION 7. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtainmg prior wrttten approval from the City. All terms and condrtions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement. 12 SECTION 8. RESERVATION OF RIGHTS Failure to ms�st upon stnct compltance with any terms, covenants or cond�tions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such r�ght or power at any time be taken to be a waiver of any other breach SECTION 9. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both part�es SECTION 10. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or condrtions of th�s Agreement or to provide m any manner the activities or other performance as agreed to herem, the C�ty reserves the right to temporarily withhold all or any part of payment pendmg correct�on of the deficiency, suspend all or part of the Agreement, prohib�t the Agency from mcurrmg addit�onal obl�gat�ons of funds until the City is satisfied that corrective action has been taken or completed, or recapture funds already dtsbursed to Agency. The opt�on to withhold or recapture funds is m addition to, and not m l�eu of, the C�ty's r�ght to term�nate as provided m Article IV Section 11 of the General Condit�ons of this Agreement The City may consider performance under thts Agreement when constdermg future awards SECTION 11. TERMINATION If the Agency fails to comply w�th the terms and cond�tions of this Agreement, the Crty may pursue such remed�es as are available m accordance wrth 24 CFR 85.43 mcluding but not limited to, the termmation of this Agreement m the manner specified herein (A) Termination for Cause — If the Agency fatls to comply with the terms and conditions of this Agreement and any of the followmg conditions ex�st (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the C�ty deems contmuation of this Agreement to be substantially non-benefic�al to the publtc mterest, (2) The Agency has failed to take satisfactory corrective action as directed by the City or �ts authorized representat�ve withm the time spec�fied by same, (3) The Agency has failed withm the ttme spec�fied by the City or its authonzed representat�ve to satisfactonly substantiate rts compliance with the terms and condrtions of this Agreement The Crty may termmate tlus Agreement in whole or m part, and there upon shall nohfy in wnting the Agency of the termination, the reasons therefore, and the effective date The effective date shall not be prior to notification of the termination by the City to the Agency Costs resulting from obligations mcurred by the Agency after termination of the Agreement are not allowable unless spec�fically author�zed m writmg by the Crty (B) Termmation for Convemence The award may be termmated for convenience, in whole or in part, as follows. 13 (1) By the City vv�th the consent of the Agency The two parties shall agree upon the termmation condrtions, mcluding the effective date and in the case of partial termmation, the portion to be termmated, or (2) By the Agency upon submittmg wntten notification to the Crty The wntten notification must set forth the reasons for the termmahon, the effective date, and m the case of partial termmahon, the portion to be ternunated However, in the case of a proposed partial termination, the City may termmate the award m rts entirety if the Crty determmes that the remairung portion will not accomplish the purpose for wluch the award was made (C) Termmation for Withdrawal. Reduction or Limrtation of Fundm� In the event that funding from the Federal government is withdrawn, reduced or lirruted in any way after the effective date of this Agreement, and pnor to rts normal completion, the Crty may summarily terminate this Agreement as to the funds reduced or l�m�ted, notwrthstandmg any other termmation provision of this Agreement If the level of fundmg so reduced or lim�ted is so great that the Department of Commumty Development deems that the contmuat�on of the program covered by the Agreement is no longer in the best interest of the public, the City may summar�ly termmate this Agreement �n whole notwithstandmg any other termmation provis�ons of this Agreement Termination under this Section shall be effecttve upon receipt of written notice by the Agency or its representative SECTION 12. CLOSE-OUT Upon termmatton of this Agreement, m whole or m part for any reason mcludmg completion of the pro�ect, the followmg provisions shall apply (A) Upon wntten request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments, (B) The Agency shall submit within thirty (30) days after the date of expirahon of this Agreement, all financial, performance and other reports required by tlus Agreement, and m addrtion, will cooperate m a program audrt by Crty of Bremerton or its designee, (C) Closeout of funds will not occur unless all requirements of 24 CFR 92 507 and all outstanding issues wrth the general contractor and or subcontractor have been resolved to the satisfaction of the City SECTION 13. VENUE AND CHOICE OF LAW Any achon at law, suit m equrty, or other �udicial proceedmg for the enforcement of this Agreement or any provisions thereof shall be instituted only m the Supenor Court of the State of Washmgton, County of Kitsap. It is mutually understood and agreed that th�s Agreement shall be governed by the laws of the State of Washmgton, both as to mterpretat�on and performance SECTION 14. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or m conflict with any law of the sta.te where made, the validity of the remaming portions 14 or provisions shall not be affected, and the nghts and obligations of the parties shall be construed and enforced as �f the Agreement did not contain the particular part, term, or provision held to be mval�d. SECTION 15. INTEGRATED DOCUMENT This Agreement with any attachments const�tutes the ent�re agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth m the text of th�s Agreement AGENCY YWCA of Kitsap County APPROVED AS TO FORM BREMER' : ATTORNEY CITY OF BREMERTON, WASHINGTON �►�-�-� �"'�L Mane Vila, CDBG/HOME Admm�strator � Patty Lent, Mayor Date ��.� � ` � 15 Date INDEX TO CDBG AGREEMENT Article I. Project 1 Scope of Services 2 Pro�ect Description 3 Schedule of Completion 4 Term of Agreement 5 Program Reportmg Article II. Financial Conditions 1 Budget and Compensation 2 Documentation of Costs and Other Financial Reportmg 3 Reimbursement 4 Program Income Article III. Federal Conditions 1 Benefit to Low Income People 2 Umform Admmistrative Requirements 3 Separation of Church and State 4 Non-Discriminat�on in Employment and Purchasmg 5. Local Employment and Purchasing 6 Conflict of Interest 7 Displacement, Relocation, Acquisition and Replacement of Housmg 8 Davis Bacon and Related Act 9 Lead Based Pamt 10 Discnmmation Prohib�ted 11 Other Program Requ�rements Article IV. General Conditions Compliance with Laws L�censing and Program Standards Insurance Indemnity Notices Crtizen Partic�pation Assignment and Subcontractmg Reservat�on of Rights Amendments to Agreement Failure to Perform Termination Close-Out Venue and Choice of Law Severability Clause Integrated Document 16 AGENCY: YWCA of Kitsap County PROJECT: Bdingual Legai Advocate 2012 Contract #: 631212 PROJECT COSTS Total CDBG/HOME CDBG/HOME Other Other Other Other Other All Funds CITY Funds KC Funds HTF AHFA HHAA ESHP P E mc u es Managers p Staff 22,880 10,812 12 Taxes and Benefits p AMOUNT 22,880 10,812 0 0 0 0 0 12 SUPPLIES/EQUIPMENT �ncludes Office Supplies p Eqwpment 2,500 2 0 Adve�tising Audit InsuranceJBonds Postage/Pnntmg RenUUtdities Commurncation TrainmglTravel Transportat�on Acqwsdion Appraisal Design and A & E Marketing Operating Resenre Clearance/Demolit�on Construction Rehabditation Improvements MOUNT THER COSTS includes Relocation Operating/Maintenance cpenses NOUNT )TAL PROJECT COSTS 1,500 2,500 1,500 2,500 3,000 1,780 0 2,780 0 0 0 0 0 38,160 0 0 10,812 0 01 0 0 0 1 , 2, 1 , 2 , 3 , 1 , 12, 0 0 27,348 17