Loading...
HomeMy WebLinkAbout5160 Contract Number: 5160 Vendor: KITSAP COMMUNITY RESOURCES Subject. ASA - Weatherization and Minor Home Repair Department: CDBG File Class: LEG 12 -1 Begin Date- 1/1/2012 End Date: 12/31/2012 Review Date Vault Date 2014 Comments: CLOSED C`r-}� cv No. I 631217 4 enc : Kitsa Communi Resources Project: Weatherization and Minor Home #: I 14.254 AGENCY SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT AN AGREEMENT, by and befinreen City of Bremerton hereinafter referred to as "City" and, Kitsap Community Resources, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under City of Bremerton's Community Development Block Grant Program and establishing certain other terms and conditions of operation IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE 1. PROJECT SECTION 1. SCOPE OF SERVICES The City, as recipient of a Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities specifically described m the application and summarized below A. General Statement CDBG funds wdl be used to prov�de weathenzat►on and minor home repairs for 15 low-income homeowner el►gible households addressmg energy conservat►on, health and safety �ssues, and mmor home repa►r necessary to preserve the work completed B. Agencv Shall: � Accept WX program applications, conduct WX program eligibdity review using HUD approved mcome calculation checklist for 24 CFR Part 5 definition of income 3 Facditate Tier II site-specific Environmental Review info for eligible candidates by gathering relevant site info and forwarding to City for review and approval before any work is done 4 Follow RFQ procedures for Weatherization contractors that comply with City, County and Federal Regulations and as outlined in KCR's Policies and Procedures Document RFQ process Ensure Federal debar EPLS check is complete on all contractors working on CDBG funded pro�ects Complete Lead Checklist on all homes and provide lead information to occupants of residences built prior to 1978 2 Audit and provide weatherization services/mmor home repair to 15 low-income, owner-occupied households withm the City of Bremerton 5 Maintain consistency with HUD regulations as outlined in this agreement 6 Maintain required records, and track relevant data to demonstrate pro�ect success 7 Submit quarterly reports and bdling vouchers in a timely manner g Submit photos (JPEG) from one of the completed pro�ects with your final quarterly report g Notify CDBG staff as soon as possible of pro�ect completion for closeout SECTION 2. PROJECT DESCRIPTION Tvae of Proiect Funded Amount Weatherization and Minor Home Repair $119,887 Action Plan Year: 2012 Proiect Location Service Area Bremerton, WA Bremerton Object of Activity: Suitable Environment Action Description Code: 14A Outcome: Sustainability NationalObjective: LMH Basic Eligible Activity 24 CFR 570.202 — Eligible Rehab and Preservation Activities SECTION 3. AGENCY SCHEDULE FOR COMPLETION (specific milestones) The term of this Agreement is January 1, 2012 through December 31, 2012, but may be extended pursuant to an amendment to this Agreement as authorized m Article IV, Section 9 (Amendments to Agreement) Should additional time for auditing this proJect be required, in accordance with law, this Agreement shall be deemed automatically extended untd such time as the said audit shall be completed In any event, the term of this Agreement shall cover the period that the Agency has control over Commurnty Development Block Grant funds, including program income SECTION 5. PROGRAM REPORTING The Agency shall submit such repo�ts as required by the City to meet its local obligations and its obligation to the Department of Housing and Urban Development The City will prescribe the report format, as well as the time and location for submission of such reports Required reports included but are not limited to the followmg (A) Quarterly reports which shall mclude the progress made to date, or�ustification for lack of progress, in providmg the services specified in Article I, Section 1 Scope of Services, of this Agreement according to the schedule for completion in Article 1 Section 3 Schedule for Completion of this Agreement (B) Quarterly reports on demographic, neighborhood residence, and income information regarding persons assisted by the Agency through this Agreement (C) Semi-Annual budget reconciliation which will compare your approved budget with actuals for year-to-date (D) Close out reports including a final performance report, inventory of all property acquired or improved with CDBG funds, and final financial report, upon termination or completion of the award ARTICLE II. FINANCIAL CONDITIONS SECTION 1. BUDGET AND COMPENSATION The City shall reimburse the Agency its allowable costs for the services identified in this Agreement not to exceed One Hundred Eighteen Thousand Eight Hundred Eighty Seven Dollars ($119,287.00) upon presentation of a properly executed invoice in a form approved by the City 2 SECTION 4. TERM OF AGREEMENT Such reimbursement shall constitute full and complete payment by the City under this Agreement Allowable costs shail mean those necessary and proper costs identified m the Agency's application and approved by the City unless any or all such costs are disallowed by the State of Washmgton or the United States Any reimbursements 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 limited to the amount needed Budaet Summarv See Attachment `A' for Budget Summary Time of Pavment Payment shall be made upon receipt of reimbursement request voucher maded 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 Kitsap Community Resources, 845 8�' Street, Bremerton, WA 98337 The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget Summary outlined in Attachment A Any line-item expense, by itself or m combination with other line item expense change, equal to or greater than 10% of the total budget amount over the life of the Agreement shall require a formal amendment to the Agreement Any request for a line-item expense, by itself or in combination with other line item expense change, equal to or less than 10% of the total budget amount shall be submitted in writing and shall specifically state the reasons for the requested mcrease and a �ustification for the corresponding decrease in other line-item(s) All budget revision and/or amendment requests wdl be reviewed and approved or denied by the City SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, mvoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges All accounting documents pertainmg in whole or in part to this Agreement shall be clearly identified and readdy accessible, and upon reasonable notice, the City and Urnted States shall have the right to audit the records of the Agency as they relate to the work The Agency shall also (A) Maintain an effective system of mternal 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 authorized purposes (B) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Agency's accounting records The Ime item notations must be substantiated by a receipt, invoice marked "Paid," or payroll record (C) Mamtain payroll and financial records for a period of six (6) years after receipt of final payment under this Agreement provided that this program has been monitored by HUD and the annual State audit (which included the CDBG Program), has been completed (D) Permit mspection and audit of its records with respect to all matters authonzed by this Agreement by representatives of the City the State Auditor or the United States at nay time dunng normal busmess hours and as often as necessary (E) Inform the City concerrnng any funds allocated to the Agency, that the Agency anticipates wdl not be expended durmg the Agreement period, and permit reassignment of the same by the City to other agencies (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States (G) Maintain complete records concerrnng the receipt and use of all program income Program income shall be reported on a monthiy basis on forms provided by the City SECTION 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City Only those allowable costs directly related to the Agency's application, approved by the City shall be paid consistent with Article II Section 2 Documentation of Costs and Other Financial Reporting The Amount of each request must be limited to the amount needed for payment of eligible costs Nofinnthstandmg any other provisions in this section, reimbursement for construction contracts shall have ten percent (10%) of the payment retained untd close out of funds pursuant to Article IV, Section 12 of this Agreement In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or Un�ted States may order repayment of the same The Agency shall remit the d�sallowed amount to the City within thirty (30) days of written notification of the disallowance (A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will be sub�ect to cancellation by the City (B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City 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 available for any cause other than misfeasance of the City itself (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement SECTION 4. PROGRAM INCOME Use of any program mcome received by the Agency with CDBG funds under this Agreement shall comply with 24 CFR 570 504(c), consistent with the provisions described as follows This pro�ect will not generate any program income If authorized above, program income gene�ated from the use of CDBG funds that is allowed to be retamed by the Agency wdl be considered additional CDBG funds, subJect to all conditions applicable to the use of funds described in this Agreement All program income shall be substantially disbursed for 4 eligible activities before additional requests for reimbursement are made to the City Program income not used m this manner shall be returned to the City Complete records shall be maintained on the receipt and use of all program income Any program income on hand when this Agreement is terminated, or received after such termination, shall be reimbursed to the City ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE All Agencies providing direct benefit services shall provide such services to benefit very low and low income persons to the maximum extent feasible (but not less than 51%) Individual persons or famdies provided a specific direct benefit or service must qualify under Federal Section 8 income limits as established by HUD Any deviation can be made only if it is clear that the service or benefit, to a person who income exceeds very low and low income persons, is otherwise necessary as an integral part of the activity The Agency shall maintain records that clearly document the income range and households size of the persons it serves Furthermore, the Agency shall maintain records documentmg if the person being served is a female head of household, is handicapped, and/or is an ethrnc/racial minority SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS (A) Agencies which are governmental entities (including public agencies), shall comply with the requirements and standards of OMB Circular No A-87, "Principles for Determinmg Costs applicable to Grants and Contracts with State, Local and Federally recogrnzed Indian Tribal Governments" OMB Circular A-133, "Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with the following sections of 24 CFR Part 85 "Urnform Admirnstratwe Requirements for Grants and Cooperative Agreements to State and Local Governments" (1) Section 85 3, "Defirntions", (2) Section 85 6, "Exceptions", (3) Section 85 12, Special grant or subgrant conditions for "high-risks' grantees", (4) Section 85 20, "Standards for financial management system," except paragraph (a), (5) Section 85 21, "Payment", except as modified by part 570 513, (6) Section 85 22, "Allowable costs", (7) Sect�on 85 26, "Non-federal audits", (8) Section 85 32, "Equipment", except in all cases in which the equipment is sold, the proceeds shall be program income, (9) Section 85 33, "Supplies", (10) Section 85 34, "Copyrights", (11) Section 85 35, "Subawards to debarred and suspended parties", (12) Section 85 36, "Procurement", except paragraph (a), (13) Section 85 37, "Subgrants " , (14) Section 85 40, "Monitoring and reporting program performance ", except paragraphs (b) through (d) and (fl, (15) Section 85 41, "Financial reporting ", except paragraphs (a), (b), and (e) , (16) Section 85 42, "Retention and access requirements for records", except that the period shall be four (4) years, (17) Section 85 43, "Enforcement", (18) Section 85 44, "Termmation for convernence", (19) Section 85 51, "Later disallowances and ad�ustment", and (20) Section 85 52, "Collection of amounts due" (B) Agencies, except Agencies which are governmental entities, shall comply with the requirements and standards of OMB Circular No A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular No A-21, "Cost Principles for Educational Institutions, as applicable, and OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45) Audits shall be conducted annually Such agencies shall also comply with the followmg provisions of the Uniform Administrative requirements of OMB Circular No A-110 (implemented at 24 CFR part 84, "Uniform Admirnstrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or Other Non-Profit Orgarnzations") or the related CDBG provision, as specified below (1) Subpart A, - "General", (2) Subpart B, -"Pre-Award Requirements," except for § 84 12, °Forms for Applying for Federal Assistance", (3) Subpart C-"Post-Award Requirements," except for (i) Section 84 22, "Payment Requirements," Grantees shall follow the standards of §§85 20(b)(7) and 85 21 in making payments to subrecipients, (u) Section 84 23, "cost shanng and Matching" (m) Section 84 24, "Program Income " In lieu of §84 24, CDBG subrecipients shall foilow §570 504, (iv) Section 84 25, "Revision of Budget and Program Plans" (v) Section 84 32, "Real Property " In lieu of §84 32, CDBG subrecipients shall follow §570 505, (vi) Section 84 34(g), "Equipment " In lieu of the disposition provisions of §84 34(g), the followmg applies (A) In all cases in which equipment is sold, the proceeds shall be program income (prorated to reflect the extent to which 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 compensating the recipient, (vii) Section 84 51 (b), (c), (d), (e), (fl, (g), and (h), "Morntoring and reporting Program Performance", (viu) Section 84 52, "Financial Reporting", 0 (ix) Section 84 53(b), "Retention and access requirements for records ° Section 84 53(b) applies with the following exceptions (A) The retention period referenced in §84 53(b) pertairnng to individual CDBG activities shall be four years, and (B) The retention period 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 submission of the final expenditure report for the award, (x) Section 84 61, "Termination " In lieu 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 in substitution for, other provisions of this Agreement regardmg the provision of services utdizing CDBG funds the Agency agrees that, in connection with such services (A) It will not discrimmate against any employee or applicant for employment on the basis of religion and wrll not limit such services or give preference to persons on the basis of relig�on, (B) it wdl not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion, (C) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services, (D) The portion of a facility used to provide services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations while it is being used to provide CDBG funded services SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the bas�s of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts The Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termmation, rates of pay, or other forms of compensation and selection for training and apprenticeship Specifically, the Agency shatl ensure that provisions as follows are included in all construction contracts awarded in excess of $10,000 and monitor compliance: (A) The Contractor wiil, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin (B) The Contractor will send to each labor urnon or representative of workers with which he had a collective bargaming agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor urnon 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 notice in conspicuous places avadable to employees and applicants for employment 7 (C) The Contractor will furnish all information 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 wdl permit access to his books, records, and accounts by the contracting 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 nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as othennnse provided by law (E) The Contractor wdl include the provisions of this Section (Article III (4)) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of executwe Order 11246 of September 24, 1965, so that such provisions wdl be binding upon each subcontractor or vendor The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the Urnted States to enter into such litigation to protect the mterests of the United States SECTION 5. LOCAL EMPLOYMENT AND PURCHASING Funding 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 1701 u the Agency agrees to comply with provisions 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 Housmg and Urban Development issued there under The Agency agrees that they are under no contractual or other disability which would prevent them from complying with these requirements Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the pro�ect area and agreements for work in connection with the pro�ect be awarded to business concerns which are located in or owned in substantial part by persons residing in, the area of the pro�ect Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance and community development assistance that is used for the following pro�ects 1 Housing rehabditation (including reduction and abatement of lead based paint hazards, but excluding routine maintenance repair and replacement), 2 Housing construction, and 3 other public construction SECTION 6. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or its designees or agents, no member of the goverrnng body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibdities with respect to the program durmg his tenure or for one year thereafter, shall have any interest, direct or mdirect, in this 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 exercises any functions or responsibdities in connection with the City of Bremerton CDBG Program will obtain a personai or 8 financial interest from the CDBG assisted activity The Contractor further covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have busmess, or famdy, which would conflict in any manner or degree with the perFormance of his/her services hereunder The contractor further covenants that in the pertormance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, wdl be disclosed to the Agency and the City SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING The Agency shall comply with the requirements relating to displacement, relocation, acqwsition and replacement of housmg (24 CFR Part 570 606) Displacement of persons (famdies, individuals, businesses, non-profit orgarnzations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all mstances must receive prior wntten approval from the City SECTION 8. DAVIS BACON AND RELATED ACTS The Agency shall compiy with the requirements of the Davis-Bacon and Related Acts (DBRA) as outl�ned in 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and mvolves the employment of laborers and/or mecharncs to perForm the work SECTION 9. LEAD BASED PAINT The Agency shall comply with HUD Lead-Based Regulations (24 CFR Part 35 et al) issued in the Federal Register, September 15, 1999 which require elimination, as far as practical, of immediate hazards, due to the presence of paint in residential structures which may contain lead to which chddren under seven years of age may be exposed SECTION 10. DISCRIMINATION PROHIBITED (A) The Agency shall not, on the grounds of race, color, sex, religion, national ongin, creed, marital status, or age (1) Deny a qualified individual any facdities, financial aid, services or other benefits provided under this Agreement, (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided m a different manner, from those provided to others under this Agreement, (3) SubJect an individual to segregated or separate treatment in any facility m, or in any matter if process related to receipt of any service or benefit under this Agreement, (4) Restnct an individual in any way m access to, or in the en�oyment of any advantage or privdege en�oyed by others in connection with any service or benefit under this agreement, (5) Treat anyone differently from others in determirnng if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition wh�ch the mdivrdual must meet to be provided a service or benefit under this Agreement, (6) Deny anyone an opporturnty to participate in any program or activity as an employee which is different from that afforded others under this Agreement (B) The Agency shail abide by all applicable provisions of Section 504 of the HEW Rehabditation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against �� handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibitmg discrimmation on the basis of age, either through purpose or intent (C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination m client services binding up on each contractor or subcontractor The Agency shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions 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 Disabdities Act, as set forth in 24 CFR 570 614 A building or facdity 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 definition of "building" as defined in 41 CFR part 101-19 602(a) is subJect to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibdity 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 type buildings) The Americans with Disabdities Act ("ADA") (42 USC 12131, 47 USC 155, 210, 218 and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readdy accessible and usable by individuals with disabilities The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable -- that is, easily accomplishable and able to be carried out without much difficulty or expense SECTION 12. OTHER PROGRAM REQUIREMENTS The Agency shall carry out each activity in compliance with all Federal laws and regulations described in Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that (A) The Agency does not assume the City's environmental responsibilities descnbed in Section 570 604, and (B) The Agency does not assume the City's responsibdity for initiating the review process under Executive Order 12372 ARTICLE IV: GENERAL CONDITIONS SECTION 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U S Department of Housing and Urban Development, includmg but not limited to Federal Commurnty Development Block Grant Regulations, Washington Law Against Discrimination, and other policies and guidelines established for the City of Bremerton CDBG Program by the Bremerton City Counal Agency agrees to comply with all provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such act Agency agrees to comply with the National Environmental Policy Act (NEPA) through the entire course of the pro�ect 10 SECTION 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certification and operation of facdities and programs, and accreditation and licensing, certification and operation of facdities and programs, and accreditation and licensmg of individuals, and any other standards or cnteria as described in the Agreement to assure quality of services SECTION 3. INSURANCE Prior to commencing work, Agency shall procure and maintain at Agency's own cost and expense for the duration of the Agreement the following insurance placed with insurers with a minimum Best's rating of A-, VI against claims for m�uries to persons or damages to property which may arise from or in 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 maintain limits no less than • Commercial General Liab►l�ty One mdlion dollars ($1,000,000) combined single limit per occurrence for boddy in�ury and property damage, and two million dollars ($2,000,000) aggregate Coverage shall be on an "occurrence" basis City of Bremerton shall be named, by endorsement, as an additional insured on the Agency's insurance policy as respects this contract Such insurance as carried by the Agency is primary over insurance carried by the City Comprehensive Automob►le L►ab�l�ty Insurance One million dollars ($1,000,000) combined smgle limit per accident for boddy in�ury/property damage • Workers' Compensat►on and Employer's L►abd�ty Workers' Compensation coverage as required by the State of Washmgton Evidence of Agency's Insurance shall be presented to City of Bremerton Risk Management prior to the execution of the agreement In the event of non-renewal, cancellation, or material change in coverage, thirty (30) days written notice wdl be furnished to the City prior to the date of cancellation, non-renewal or change SECTION 4. INDEMNITY The Agency agrees to defend, mdemnify and save harmless the City, its appointed and elected officers and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees m defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily in�ury, including death at any time resuiting from there, sustained or alieged to have been sustamed by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such in�uries to persons or damage to property is due to the negligence of Agency, its subcontractors, agents, successor, assigns This provision shall be mapplicable to the extent the City is �udicially found solely negligent for such damage or in�ury SECTION 5. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses 11 City: CDBG Office City of Bremerton Community Development 345 6�' Street Suite 600 Bremerton, WA 98337-1869 SECTION 6. CITIZEN PARTICIPATION Agency: Kitsap Commurnty Resources Larry Eyer 845 8�' Street Bremerton, WA 98337 The Agency will implement the provisions of this Agreement in such a manner as not impede the attainment of widespread citizen participation m plannmg and carrying out the pro�ect 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 obtairnng prior written approval from the City All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement SECTION 8. RESERVATION OF RIGHTS Fadure to insist upon stnct compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right 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 parties SECTION 10. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Agreement or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporardy withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, prohibit the Agency from incurnng additional obligations of funds until the City is satisfied that corrective action has been taken or completed, or recapture funds already disbursed to Agency The option to withhold or recapture funds is in addition to, and not in lieu of, the City's nght to terminate as provided in Article IV Section 11 of the General Conditions of this Agreement The City may consider perFormance under this Agreement when considenng future awards SECTION 11. TERMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 85 43 including but not limited to, the termmation of this Agreement in the manner specified herein (A) Termination for Cause — If the Agency fads to comply with the terms and conditions of this Agreement and any of the following conditions exist (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non- beneficial to the public interest, 12 (2) The Agency has faded to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same, (3) The Agency has faded within the time specified by the City or its authorized representative to satisfactordy substantiate its compliance with the terms and conditions of this Agreement The City may termmate this Agreement in whole or in part, and there upon shall notify in writing the Agency of the termination, the reasons therefore, and the effectwe date The effective date shall not be prior to notification of the termination by the City to the Agency Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City (B) Termmation for Convenience The award may be terminated for convenience, in whole or in part, as follows (1) By the City with the consent of the Agency The finro parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made (C) Termination for Withdrawal. Reduction or Limitation of Fundinq In the event that fundmg from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement, and prior to its normai completion, the City may summardy terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this Agreement If the level of funding so reduced or limited is so great that the Department of Community Development deems that the continuation of the program covered by the Agreement is no longer in the best interest of the public, the City may summardy terminate this Agreement m whole nofinnthstanding any other termination provisions of this Agreement Termination under this Section shall be effective upon receipt of wntten notice by the Agency or its representative SECTION 12. CLOSE-OUT Upon termination of this Agreement, in whole or m part for any reason mcluding completion of the pro�ect, the following provisions shall apply (A) Upon written 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 expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate m a program audit by City of Bremerton or its designee, (C) Closeout of funds wdl not occur unless all requirements of 24 CFR 92 507 and all outstanding issues with the general contractor and or subcontractor have been resolved to the satisfaction of the City 13 SECTION 13. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other Judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only in the Superior Court of the State of Washington, County of Kitsap It is mutualiy understood and agreed that this Agreement shall be governed by the laws of the State of Washmgton, both as to interpretation 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 in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be mvalid SECTION 15. INTEGRATED DOCUMENT This Agreement with any attachments constitutes the entire agreement befinreen the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement AGENCY Kitsap Community Resources By Larry Eyer, CITY OF BREMERTON, WASHINGTON � Marie Vila, CDBG/HOME Administrator �/ Patty Lent, May irector Date � 1 � ,� I L � ' X�,�91 ��.oQ. ��� �v� .�1, �l �2 APPROVED AS TO FORM :- •� � - � ��- !�r� � Date ����� l� 14 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 Reporting Article II. Financial Conditions 1 Budget and Compensation 2 Documentation of Costs and Other Financial Reporting 3 Reimbursement 4 Program Income Article 111. Federal Conditions 1 2 3 4 5 6 7 8 9 10 12 11 Benefit to Low Income People Uniform Admmistrative Requirements Separation of Church and State Non-Discrimination in Employment and Purchasing Local Employment and Purchasing Conflict of Interest Displacement, Relocation, Acquisition and Replacement of Housing Davis Bacon and Related Act Lead Based Paint Discrimination Prohibited Architectural Barriers Act/Americans with Disabilities Act Other Program Requirements Article IV. General Conditions 1 Compliance with Laws 2 Licensing and Program Standards 3 Insurance 4 Indemnity 5 Notices 6 Citizen Participation 7 Assignment and Subcontracting 8 Reservation of Rights 9 Amendments to Agreement 10 Fadure to Perform 11 Termination 12 Close-Out 13 Venue and Choice of Law 14 Severability Clause 15 Integrated Document 15 City of Bremerton/Kitsap County CDBG/HOME Programs Uses of Funding AGENCY: Kitsap Community Resources PROJECT NAME Weatherization PROJECT COSTS Total CDBG/HOME CDBG/HOME Other All Funds COUNTY CITY Source of Funds PERSONNEL mcludes Managers 252,186 34,644 27,600 189,942 Staff 92,814 12,125 9,660 71,029 Taxes and Benefits 9,364 $ 9,364 00 � AMOUNT 354,364 46,769 37,260 270,335 SUPPLIESIEQUIPMENT includes Office Supplies 9,364 300 555 8,509 Equ�pment 4,182 496 500 3,186 AMOUNT 13,546 796 1,055 11,695 ADMINISTRATION includes Indirect Central Admin 168,872 9,817 7,847 151,208 Advertismg Audit 2,000 2,000 Insurance/Bonds 9,566 858 8,708 Postage/Printmg 3,343 500 500 2,343 Rent/Utdities 16,000 16,000 Communication 3,191 800 593 1,798 Trainmg/Travel 28,389 300 300 27,789 Transportation 1,000 1,000 AMOUNT $ 232,361 $ 12,275 $ 9,240 $ 210,846 ACQUISITION COSTS includes Acquisition AMOUNT $ $ $ $ DEVELOPMENT SOFT COSTS includes Appraisai Design and A & E Processmg/Settlement/financing Marketmg O peratin g Reserve AMOUNT $ $ $ $ DEVELOPMENT HARD COSTS includes Clearance/Demolition Construction Rehabilitation Weatherization/Minor Home Matenals $ 1,171,553 $ 89,760 $ 71,332 $ 1,010,461 AMOUNT $ 1,171,553 $ 89,760 $ 71,332 $ 1,010,461 OTHER COSTS mcludes Relocation O peratm g /Maintenance Expenses $ 7,568 $ 7,568 AMOUNT $ 7,568 $ �� $ $ 7,568 TOTAL PROJECT COSTS $ 1,779,392 $ 149,600 $ 118,887 $ 1,510,905 16