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HomeMy WebLinkAbout5312! � Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date 5312 KITSAP COMMUNITY RESOURCES Weatherization and Minor Home Repair CDBG LEG 12-1 1/1/2013 12/31/2013 12/1/2013 2015 Comments Contract No 631317 A enc Kitsa Communi Resources Pro�ect Weatherization and Minor Home Re air Grant Amount $23,039 47 CFDA # 14 218 AGENCY SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT AN AGREEMENT, by and befinreen City of Bremerton hereinafter referred to as "City" and, Kitsap Community Resources, heremafter 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 certam other terms and conditions of operation IT IS MUTUALLY AGREED AS FOLLOWS ARTICLE I 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 descnbed in the application and summarized below A General Statement CDBG funds w►ll be used to prov�de weather�zation and m�nor home repairs for 6 low-mcome homeowner elig�ble households addressing energy conservation, health and safety issues, and mmor home repa�r necessary to preserve the work completed B Aqencv Shall � Accept WX program applications, conduct WX program eligibdity review using HUD approved income calculation checklist for 24 CFR Part 5 definition of income 2 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 3 Follow RFQ procedures for Weatherization contractors that comply with City, County and Federal Regulations and as outlined m KCR's Policies and Procedures Document RFQ process 4 Ensure Federal debar EPLS check is complete on all contractors working on CDBG funded pro�ects 5 Complete Lead Checklist on all homes and provide lead information to occupants of residences built prior to 1978 s Audit and provide weatherization services/minor home repair to 6 low-income, owner-occupied households within the City of Bremerton 7 Maintam consistency with HUD regulations as outimed in this agreement 8 Maintain required records, and track relevant data to demonstrate pro�ect success 9 Submit quarterly reports and billing vouchers in a timely manner 10 Submit photos (JPEG) from one of the completed pro�ects with your final quarterly report 11 Notify CDBG staff as soon as possible of pro�ect completion for closeout SECTION 2 PROJECT DESCRIPTION Type of Proiect Funded Amount Weatherization and Mmor Home Repair $23,039 Action Plan Year 2013 Pro�ect Locat�on Service Area Bremerton, WA Bremerton Ob�ect of`Activity Suitable Environment Action Description Code 14A Outcome Sustainability NationalOb�ective LMH Basic Eligible Activity 24 CFR 570 202(b)(4) — Eligible Rehab and PPeservation Activities SECTION 3 AGENCY SCHEDULE FOR COMPLETION (spec�fic m�lestones) S ecific Tasks Sta�t Date End Date NEPA Tier I Review com lete 1/2/2013 1/8/2013 Com letion of weatherization services to 0 homes 1/1/2013 3/31/2013 Com letion of weatherization services to 4 homes 4/1/2013 6/30/2013 Com letion of weatherization services to1 home 7/1/2013 9/30/2013 Com letion of weatherization services to 1 home 10/1/2013 12/31/2013 Pro�ect Completion (all environmental, DBRA, and 12/31/2013 other re uirements met SECTION 4 TERM OF AGREEMENT The term of this Agreement is January 1, 2013 through December 31, 2013, but may be extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9 (Amendments to Agreement) Should additional time for auditing this pro�ect be required, in accordance with law, this Agreement shall be deemed automatically extended until 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, includmg program income SECTION 5 PROGRAM REPORTING The Agency shali submit such reports as required by the City to meet its local obligations and its obligation to the Department of Housmg 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 following (A) Quarterly reports which shall include the progress made to date, or �ustification for lack of progress, in providing 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 mcome 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 2 (D) Close out reports includmg a final performance report, mventory 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 Twenty-Three Thousand Thirty-Nine Dollars and 47 cents ($23,039 47) upon presentation of a properly executed invoice in a form approved by the City Such reimbursement shall constitute full and complete payment by the City under this Agreement Allowable costs shall mean those necessary and proper costs identified in the Agency's application and approved by the City unless any or all such costs are disallowed by the State of Washington 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 Budqet Summarv See Attachment `A' for Budget Summary Time of Payment Payment shall be made upon receipt of reimbursement request voucher mailed 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 outlmed in Attachment A Any ime-item expense, by itself or in 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 Ime-item expense, by itself or m combination with other line item expense change, equal to or less than 10% of the total budget amount shall be submitted m writing and shall specifically state the reasons for the requested increase 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, invoices, vouchers or other official documentation, as evidence of the nature and propnety of the charges All accountmg documents pertaining in whole or in part to this Agreement shall be clearly identified and readdy accessible, and upon reasonable notice, the City and United 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 internal fiscal control and accountabdity 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 contmuing 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 line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll record (C) Maintain 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 inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City the State Auditor or the United States at nay time during normal business hours and as often as necessary (E) Inform the City concerning any funds allocated to the Agency, that the Agency anticipates will not be expended during 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 concerning the receipt and use of all program mcome Program income shall be reported on a monthly 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 Notwithstandmg any other provisions m this section, reimbursement for construction contracts shall have ten percent (10%) of the payment retained until 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 m any other way, the City or United States may order repayment of the same The Agency shall remit the disallowed amount to the City within th�rty (30) days of written not�fication 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 obl�gation 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 nght to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement n SECTION 4 PROGRAM INCOME Use of any program income received by the Agency with CDBG funds under this Agreement shall comply with 24 CFR 570 504(c), consistent with the provisions descnbed as follows This pro�ect will not generate any program income If authorized above, program income 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 conditions applicable to the use of funds described in this Agreement Ail program income shall be substantially disbursed for eligible activities before additional requests for reimbursement are made to the City Program income not used in 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 providmg 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 families 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 mcome 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 documenting 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 (includmg public agencies), shall comply with the requirements and standards of OMB Circular No A-87, "Principles for Determining Costs applicable to Grants and Contracts with State, Local and Federally recognized 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 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (1) Section 85 3, "Definitions", (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, "PaymenY', except as modified by part 570 513, (6) Section 85 22, "Allowable costs", (7) Section 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, 5 (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 reportmg program perFormance ", except paragraphs (b) through (d) and (�, (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, "Termination for convenience", (19) Section 85 51, "Later disallowances and ad�ustmenY', 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 Pnnciples for Non-Profit Organizations" or OMB Circular No A-21, "Cost Pnnciples 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 following provisions of the Uniform Administrative requirements of OMB Circular No A-110 (implemented at 24 CFR part 84, "Urnform Admmistrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or Other Non-Profit Organizations") 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, (ii) Section 84 23, "cost sharing and Matching" (iii) Section 84 24, "Program Income " In lieu of §84 24, CDBG subrecipients shall follow §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 following applies 0 (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 retained after compensating the recipient, (vii) Section 84 51 (b), (c), (d), (e), (fl, (g), and (h), "Monitoring and reporting Program Pertormance", (vm) Section 84 52, "Financial Reportmg", (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 regarding the provision of services utilizing CDBG funds the Agency agrees that, in connection with such services (A) It will not discriminate against any employee or applicant for employment on the basis of religion and wiil not limit such serwces or give preference to persons on the basis of religion, (B) It wiil not discriminate against any person applying for such public services on the basis of religion and wdl not limit such serwces or give preference to persons on the basis of religion, (C) It wdl provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious mfluence m 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 agamst on the basis of race, color, religion, sex, or national origin m 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, upgradmg, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for traming and apprenticeship Specif�cally, the Agency shall ensure that provisions as follows are included in all construction contracts awarded in excess of $10,000 and morntor compliance 7 (A) The Contractor will, 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 union or representative of workers with which he had a coilective bargainmg agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union of workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice m 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 wdl permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of mvestigation 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 m part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized m 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 otherwise provided by law (E) The Contractor will 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 executive Order 11246 of September 24, 1965, so that such provisions will 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 m the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direct�on, the Contractor may request the United States to enter into such litigation to protect the interests 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 Housmg 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 Housing 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, contractmg 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 rehabilitation (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 des�gnees or agents, no member of the governing 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 responsibilities with respect to the program during his tenure or for one year thereafter, shall have any mterest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof The Agency shall take appropriate steps to assure compl�ance mcluding incorporation of the following provision in every Subcontract The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City of Bremerton CDBG Program will obtain a personal or financial interest from the CDBG assisted act�vity 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 business, or family, which would conflict in any manner or degree with the performance of his/her services hereunder The contractor further covenants that in the performance of this Agreement any potential confiict, 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, acquisition and replacement of housing (24 CFR Part 570 606) Displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all instances must receive prior wntten 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 m 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics 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 children 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 origin, creed, mantal status, or age (1) Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement, (2) Prov�de any facdities, services, financial aid, or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement, (3) Sub�ect an individual to segregated or separate treatment in any facility in, or in any matter if process related to receipt of any service or benefit under this Agreement, 0 (4) Restrict an mdividual m any way in access to, or in the en�oyment of any advantage or privilege enJoyed by others in connection with any service or benefit under this agreement, (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement, (6) Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this Agreement (B) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibitmg discrimination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented m 24 CFR part 146) prohibiting discrimination 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 discnmination in 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 Disabilities Act, as set forth in 24 CFR 570 614 A budding 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 definition of "building" as defined in 41 CFR part 101-19 602(a) is sub�ect to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Urnform 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 type buildings) The Americans with Disabilities 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 facdities, where such removal is readily achievable -- that is, easdy 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 m this Agreement, except that (A) The Agency does not assume the City's environmental responsibilities described in Section 570 604, and (B) The Agency does not assume the City's responsibility for initiating the review process under Executive Order 12372 10 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 ordinances, and the rules and regulations promulgated by the U S Department of Housing and Urban Development, including but not limited to Federal Community Development Block Grant Regulations, Washington Law Agamst Discrimination, and other policies and guidelines established for the City of Bremerton CDBG Program by the Bremerton City Council Agency agrees to comply with all provisions of the Americans With Disabdities 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 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 Murncipal standards for licensmg, certification and operation of facilities and programs, and accreditation and licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria 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 M�n�mum L►m�ts of Insurance Agency shall maintain limits no less than • Commerc►al General L�abdity� One million dollars ($1,000,000) combined single limit per occurrence for bodily 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 carned by the Agency is primary over insurance carried by the City Comprehensive Automobde L�abdity lnsurance One million dollars ($1,000,000) combined single limit per accident for boddy in�ury/property damage • Workers' Compensation and Employer's L�abd�ty Workers' Compensation coverage as required by the State of Washington Ev�dence ofAgency'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 will be furnished to the City prior to the date of cancellation, non-renewal or change 11 SECTION 4 INDEMNITY The Agency agrees to defend, indemnify 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 in defense thereof because of actions, claims or lawsuits for damages resulting from personal or boddy in�ury, including death at any time resulting from there, sustained or alleged to have been sustained 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 City CDBG Office City of Bremerton Community Development 345 6 Street Suite 600 Bremerton, WA 98337-1869 Agency Kitsap Community Resources Larry Eyer Rudy Taylor 845 8 Street Bremerton, WA 98337 SECTION 6 CITIZEN PARTICIPATION The Agency will implement the provisions of this Agreement m such a manner as not impede the attainment of widespread atizen participation in planning and carrying out the pro�ect SECTION 7 ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any poction of the services provided withm the terms of this Agreement without obtaining 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 strict 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 12 SECTION 10 FAILURE TO PERFORM In the event of a fadure 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 temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, prohibit the Agency from incurring 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 right 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 considering 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 termination of this Agreement in the manner specified herein (A) Termination for Cause — If the Agency fails 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, (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative withm the time specified by same, (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement The City may termmate this Agreement m whole or in part, and there upon shall notify in writing 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 incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City (B) Termination for Convenience The award may be terminated for convenience, in whole or m part, as follows (1) By the City with the consent of the Agency The two parties shall agree upon the termination conditions, mcluding 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 determmes that the remairnng portion wdl not accomplish the purpose for which the award was made 13 (C) Termination for Withdrawal. Reduction or Limitation of Fundinq In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement, and prior to its normal completion, the City may summarily 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 summarily terminate this Agreement in whole notwithstanding any other termmation provisions of this Agreement Termmation under this Section shall be effective upon receipt of written notice by the Agency or its representative SECTION 12 CLOSE-OUT � Upon termination of this Agreement, in whole or in part for any reason including completion of the pro�ect, the followmg 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, wdl cooperate in a program audit by City of Bremerton or its designee, (C) Closeout of funds will 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 SECTION 13 VENUE AND CHOICE OF LAW Any action at law, suit m equity, or other Judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only m the Superior Court of the State of Washington, County of Kitsap It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, 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 nghts and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision heid to be invalid 14 SECTION 15 INTEGI2ATED 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 m the text of this Agreement AGENCY Kitsap Community Resources By Dat� CITY OF BREMERTON, WASHINGTON ~ q (zS l� c3 Mane Vila, CDBG/HOME Admmistrator � Patty Lent, M or Date �� ' / � � APPROVED AS TO FORM BREMERTON CITY ATTORNEY BY �"l � 15 INDEX TO CDBG AGREEMENT Article I Pro�ect 1 Scope of Services 2 Pro�ect Descnption 3 Schedule of Compietion 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 III Federal Conditions 1 Benefit to Low Income People 2 Uniform Administrative Requirements 3 Separation of Church and State 4 Non-Discrimination in Employment and Purchasing 5 Local Employment and Purchasing 6 Conflict of Interest 7 Displacement, Relocation, Acquisition and Replacement of Housing 8 Davis Bacon and Related Act 9 Lead Based Pamt 10 Discrimmation Prohibited � 12 Architectural Barriers Act/Americans with Disabilities Act 11 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 Severabdity Clause 15 Integrated Document �[� City of Bremerton/Kitsap County CDBG/HOME Programs Uses of Funding AGENCY Kitsap Community Resources PROJECT NAME Weatherization #631317 PROJECT COSTS Total CDBG/HOME CDBG/HOME Other All Funds COUNTY CITY Source of Funds PERSONNEL includes Managers Staff Taxes and 8enefits AMOUNT 223,408 62,745 7,048 153,615 SUPPLIES/EQUIPMENT includes Office Supplies E ui ment AMOUNT 5,509 1,700 500 3,309 ADMINISTRATION mciudes Indirect Centrai Admin Advertismg Audit Insurance/Bonds Postage/Pnntmg Rent/Utdities Communication Trammg(fravel Trans ortat�on AMOUNT $ 111,816 $ 26,200 $ 1,828 $ 83,788 ACQUISITION COSTS mcludes Ac uisition AMOUNT $ $ $ $ DEVELOPMENT SOFT COSTS �ncludes Appraisal Design and A & E Processing/SettlemenUfinancing Marketing O eratm Reserve AMOUNT $ $ $ $ DEVELOPMENT HARD COSTS includes ClearancelDemolition Construction Rehabditation Weatherization/Minor Home Materials AMOUNT $ 662,212 $ 138,000 $ 14,063 $ 510,149 OTHER COSTS includes Relocation O eratin /Maintenance Ex enses AMOUNT $ 4,549 $ 1,355 $ $ 3,194 TOTAL PROJECT COSTS $ 1,007,494 $ 230,000 $ 23,439 $ 754,055 17