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CITY OF BREMERTON PUBLIC WORKS
ADA Curb Cuts
CDBG
LEG 12-1
1/1/2013
8/31/2014
9/1/2014
2015
Comments: AMENDMENT #1 4/23/14
� Contracf No.
Grant Amount:
CFDA #:
631302 ��� -
City of Bremerton Public Works
ADA Curb Cuts
$23,850
14.218 (CDBG1
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
AN AGREEMENT, by and between City of Bremerton hereinafter referred to as "Cit�' and, City
of Bremerton Department of Public Works, 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 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 described in the application and
summarized below:
A. General Statement
CDBG funds will be used to install 8 curb ramps that meet the standards of the Americans wifh Disabilities Act .
(ADA) throughout the City, with concentration on pedestrian corridors and schoo/ zones. These areas are identified
in the City of Bremerton's 2007 Non-Motorized Transportation Plan
B. Aqencv Shall:
6 Maintain consistency with HUD regulations as outlined in this agreement
7 Maintain required records, and track releva data to demonstra project success
5 Install 8 curb ramps that meet ADA standards at prioritized locations within the City of Bremerton.
� Assist Block Grant (BG) staff in completion of NEPA Environmental Review by gathering requested
site info and forwarding to BG staff for review and approval before any choice limiting work begins
Follow RFQ procedures for construction contractors that comply with City, County and Federal
2 Regulations. RFQ must include information on Davis Bacon and Related Acts (DBRA) requirements.
Document RFQ process and provide copies to block grant staff �
Ensure Federal requirements are met, including but not limited to: debar EPLS check completion on
all contractors and subcontractors working on this project; compliance with DBRA, per Block Grant
3 staff guidance, including: attendance at preconstruction conference with BG staff, Agency project
manager (PW) and contractor, serve as liaison between BG staff and contractor, coordinate
collection and submission to BG staff of all pertinent DBRA related documents and weekly payrolls
on a timely basis, troubleshooting any DBRA issues that may arise. .
4 Agency project manager will review and authorize (by signature or initial) all charges and change
orders of the project and communicate these changes to BG staff
S I Submit quarterly reports and billing vouchers in a timel manner
8 Submit photos (JPEG) from one of the completed projects with your final quarterly report
11 Notify CDBG staff as soon as possible of project completion for closeout
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SECTION 2. PROJECT DESCRIPTION
Tvae of Proiec�
ADA Curbcuts - Sidewalks Funded Amount
$23,850
Proiect Location Action Plan Year: 2013
Bremerton, WA Service Area
Object of Activity: Suitable Environment Bremerton
Outcorr�e: Availability / Accessibility Action Description Code: 03L
Basic Eligible Activity 24 CFR 570.201(c) — Public Facilities and ImprovemeOntsective: LMA
SECTION 3. AGENCY SCHEDULE FOR COMPLETION
Specific Tasks Start Date
Identification and prioritization of locations 1/2/2013
Environmental Review Completion N/A
Engineering design and support (if
Construction of ramps identified
Completion of 8 rarr
Project Completion (all environmental, DBRA,
and other requirements met)
SECTION 4. TERM OF AGREEMENT
8/15/2013
2/15/ 102 4
c milestones
End Date
8/15/2013
N/A
2/15/2014
5/15/2014
6/1/2014
6/1 /2014
The term of this Agreement is January 1, 2013 through August 31, 2014, 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 project 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
Community Development Block Grant funds, including program income.
SECTION 5. PROGRAM REPORTING
The Agency shall submit such reports 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 following:
(A) Quarterly reports which .shall include the progress made to date, or justification 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)
(C)
Quarterly reports on demographic, neighborhood residence, and income information regarding
persons assisted by the Agency through this Agreement.
Semi-Annual budget reconciliation which will compare your approved budget with actuals for
year-to-date.
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(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 ailowable costs for the services identified in fhis
Agreement not to exceed Twenty-Three Thousand Eight Hundred Fifty Dollars ($23,850) 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:
City of Bremerton Department of Community Development — CDBG Program, 345 6�' Street Suite
600, Bremerton, WA 98337-1869.
Where Pavments Are Made: Payments shall be made to: City of Bremerton Finance Department, 345
6' Street Suite 600, 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 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 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 increase
and a justification for the corresponding decrease in other line-item(s). All budget revision and/or
amendment requests will 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 propriety of the charges. All accounting
documents pertaining in whole or in part to this Agreement shall be clearly identified and readily
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 accountability for all CDBG funds and
property acquired or improved with CDBG funds, and make sure the same are used solely for
authorized purposes.
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(B) Keep a continuing record of ali 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
under this Agreement provided that this program has beem m �itored by HUD and the an ual
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 income. 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.
Notwithstanding any other provisions in this section,
shall have ten percent (10%) of the payment retained until cl s out of nds pursuant to c�e 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 United States may order repayment of the same. The Agency shall remit the disallowed 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 subject to cancellation by the City.
(B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the Cit
any CDBG funds on hand at the time of expiration and any accounts receivable attributable to he
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.
(�) The City reserves the right to withhold payments pending timely delivery of program reports or
documents as may be required under this Agreement.
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SECTION 4. PROGRAM INCOME
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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 described as follows.
This project will not generate any program income.
If authorized above, program income generated�from the use of CDBG funds that is allowed to be
retained by the Agency will 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
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 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
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 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 documenting if
the person being served is a female head of household, is handicapped, and/or is an ethnic/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 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, "Payment", except as modified by part 570.513;
(6) Section 85.22, "Aflowable costs";
(7) Section 85.26, "Non-federal audits";
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(10)
(11)
(12)
(13)
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Section 85.32, "Equipment", except in all cases in which the equipment is sold, the
proceeds shall be program income;
Section 85.33, ``Supplies";
Section 85.34, "Copyrights";
Section 85.35, "Subawards to debarred and suspended parties";
Section 85.36, "ProcuremenY', except paragraph (a); '
Section 85.37, "Subgrants " ;
(14) Section 85.40, "Monitoring and reporting program performance ", except paragraphs (b)
through (d) and (f);
(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)
(18)
(19)
(20)
Section 85.43, "Enforcement";
Section 85.44, "Termination for convenience' ;
Section 85.51, "Later disallowances and adjustmenY'; and
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
following provisions of the Uniform Administrative requirements of OMB Circular No. A-110
(implemented at 24 CFR part 84, "Uniform Administrative 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)
�2)
(3)
Subpart A, - "General";
Subpart B, -"Pre-Award Requirements," except for § 84.12, "Forms for Applying for
Federal Assistance"; , ,
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":
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(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:
(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 Performance"; �
(viii) Section 84.52, "Financial Reporting";
(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) pertaining 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 in 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 will not limit such services or give preference to persons on the basis of religion;
(B) It will 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 basis of race, color, religion, sex, or national origin in all phases of
employment during tlie 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 termination, rates of pay, or other forms of compensation
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and selection for training and apprenticeship. Specifically, 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, 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
collective bargaining 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 in conspicuous places available to employees and applicants for
employment.
(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 will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain 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 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 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
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 subject 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 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, o
be given to lower income residents of the project area and agreem nts work n conn ction with he t
project be awarded to business concerns which are located in or owned in substantial part by persons
residing in, the area of the project. Section 3 applies to training, employment, contracting and other
economic opportunities arising in connection with the expenditure of housing assistance and community
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development assistance that is used for the following projects: 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 designees 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 interest, direct or indirect, 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
responsibilities in connection with the City of Bremerton CDBG Program will obtain a personal or
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 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 conflict, on the part of the Contractor or
his/her employees, will 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 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, 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, marital
status, or age:
(1) Deny a qualified individual any facilities, 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 in a different manner, from those provided to others under this Agreement;
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(3) Subject 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;
(4) Restrict an individual in any way in access to, or in the enjoyment 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) prohibiting discrimination against
handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 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 discrimination 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 Architectu�al 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
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
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 readily
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 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.
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ARTICLE IV: GENERAL CONDITIONS
SECTION 1. COMPLIANCE WITH LAWS
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The Agency, in pertormance 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 Against 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 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 project.
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 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
BesYs rating of A-, VI against claims for injuries 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 oflnsurance. Agency shall maintain limits no less than:
Commercia/ Genera/ Liability: One million dollars ($1,000,000) combined single limit per
occurrence for bodily injury 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 Automobile Liability Insurance: One million dollars ($1,000,000) combined single
limit per accident for bodily injury/property damage.
• Workers' Compensation and Employer's Liability: Workers' Compensation coverage as required
by the State of Washington.
Evidence 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.
ll
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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 bodily injury, 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 injuries to persons or damage to property is due to the negligence of Agency, its
subcontractors, agents, successor, assigns. This provision shall be inapplicable to the extent the City is
judicially found solely negligent for such damage or injury.
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:
City of Bremerton Department of Public Works
Chal Martin, Director
3027 Olympus Drive
Bremerton, WA 98310
SECTION 6. CITIZEN PARTICIPATION
The Agency will implement the provisions of this Agreement in such a manner as not impede the
attainment of widespread citizen participation in planning 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 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
Failure 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
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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 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 within 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 terminate this Agreement in 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 in part, as follows:
(1) By the City with the consent of the Agency. The two 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
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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 nofinrithstanding any other termination provisions of this
Agreement. Termination 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
project, 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 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 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 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 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 invalid.
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SECTION 15. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between 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:
City of Bremerton Public Works
By: t-
Chal Martin, Public Works Director
Date: �?�� ��� �
CITY OF BREMERTON, WASHINGTON
�
_ g IZS(2��3
Marie Vila, CDBG/HOME Administrator
� �
Patty Lent a . ,
�ate: r � l 2 � �3
APPROVED AS TO FORM:
BREMERTON CITY ATTORNEY
�
BY
15
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�.
INDEX TO CDBG AGREEMENT
Article I. Project
1 • Scope of Services
2. Project 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 III. Federal Conditions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
11.
Benefit to Low Income People
Uniform Administrative 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.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Compliance with Laws
Licensing and Program Standards
Insurance
Indemnity
Notices
Citizen Participation
Assignment and Subcontracting
Reservation of Rights
Amendments to Agreement
Failure to Perform
Termination
Close-Out
Venue and Choice of Law
Severability Clause
Integrated Document
16
F
�.
City of Bremerton/Kitsap County CDBG/HOME Programs
Uses of Funding
AGENCY: City of Bremerton Public Works PROJECT NAME: ADA Curb Cuts
PROJECT COSTS Total CDBG/HOME CDBG/HOME Other
All Funds COUNTY CITY Source of Funds
PERSONNEL includes:
Managers
Staff
Taxes and Benefits _
AMOUNT
St1PPLIES/EQUIPMENT includes:
Office Supplies _
E ui ment
AMOUN7
ADMINISTRATION includes:
Indirect Central Admin
Advertising
Audit
Insurance/Bonds
Postage/Printing _
RentlUtilities
Communication
Training/Travel
Trans ortation
AMOUNT $ � � �
ACQUISITION COSTS includes:
A uisition
AMOUNT � $ $ $
DEVELOPMENT SOFT COSTS
includes:
Appraisal
Design and A 8� E
Processing/Settlemen�nancing
Marketing
0 eratin Reserve
AMOUNT $ � $ $
DEVELOPMENT HARD COSTS
includes:
Clearance/Demolition $ 3,850 $ 3,850
Construction $ 20,000 $ 20,000
Rehabilitation
Weatherization/Minor Home Materials -
AMOUNT $ 23,850 $ $ 23,850 $
OTHER COSTS includes:
Relocation
0 eratin IMaintenance Ex enses
AMOUNT � � � $ �
TOTAL PROJECT COSTS $ 23,850 $ $ 23,850 $
17
AMENDMENT
AGENCY SERVICE AGREEMENT
CITY OF BREMERTON
COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT NAME: City of Bremerton ADA Curb Cuts
PROJECT NUMBER: 631302
AMENDMENT #:
THIS AGREEMENT amends the Agency Service Agreement establishing the above Project by and
between the City of Bremerton, hereinafter referred to as "Cit�', and the city of Bremerton Department
of Public Works and Utilities, hereinafter referred to as "Agency" by which the Agency agrees to carry
out the City's Community Development Block Grant Program.
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
SECTION I. SCOPE OF SERVICES
Delete:
A. GENERAL STATEMENT
CDBG funds will be used to insta118 curb ramps that meet the standards of the Americans with
Disabilitiees Act (ADAJ throughout the City, with concentration on pedestrian corridors and
school zones. These areas are identified in the City of Bremerton's 2007 Non-Motorized
Transportation Plan.
Add:
A. GENERAL STATEMENT
CDBG funds will be used to install 8 curb ramps at the intersection of Wheaton Way and Sylvan
Way that meet the standards of the Americans with Disabilitiees Act (ADA), and also make ADA
improvements to the signal lights system to accommodate disabled pedestrians / wheelchair
users. This intersecrion was identified as hight-priority by the City's Disability Action Committee,
and ins included in the 6ify of,:8remerton's 2007 Non-Motorized Transportarion Plan.
... Pa
ARTICLE II. FINANCIAL CONDITIONS
Add:
SECTION 5. REVERSION OF ASSESTS
Upon expiration of the Agreement, Agency shall transfer to the City any CDBG funds on hand at the time
of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendab/e
personal property that was purchased with CDBG funds. Any real property underAgency control will be
covered by the regulations at 24CFR 570.503(bJ(7J and as further restricted by the City of Bremerton. Per
City of Bremerton policy, all real property acquired or improved with CDBG funds must be restricted to
the use intended set forth in the Agreement for a period of time determined by the amount of CDBG
investment in the property, according to the following table:
Activity CDBG Investment Amount* Minimum Years Restricted
Rehabilitation or acquisition of Less than $15,000 5 years
existing facilities or housing � �
(including homeownership $15,000 - $40,000 10 years
assistance) �
Greater than $40,000 15 years
New Construction or acquisition Any $ amount 15 years
of land for new construction
*Investment amount is per facility, or if housing, per single family housing unit.
THIS AMENDMENT constitutes the entire amendment to the Agreement between the City and the
Agency.
AGENCY
City of Bremerton Public Works and Utilities
CITY OF BREMERTON
2
Chal Martin, Director
L 7 �
Date
�L�c�c�C—��
Marie Vila, CDBG/HOME Programs
Administrator '
��
Patty Lent,
�
, City of Bremerton
�{��v r/�
Date
S-388
if
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND
KITSAP COMMUNITY RESOURCES
AGENCY SERVICE AGREEMENT
Contract # 631402
COMMUNITY DEVELOPMENT BLOCK GRANT
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-14-MC-53-0011
PROJECT: HUD Community Development Block Grant Program: West Hills STEM Pre-
School Construction
AGENCY: Kitsap Community Resources
JY\ /Y DATE: b(1
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGENCY SERVICE AGREEMENT (the "Contract") entered into between the City of
Bremerton and Kitsap Community Resources on August 3, 2015.
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
For valuable consideration and by mutual consent of the parties,the modifications to the Contract are
as follows:
I.
ARTICLE I, Section 3. TERM OF AGREEMENT is extended to December 31, 2017.
IN WITNESS WHEREOF,the parties have executed this Contract Modification on the day and
year first written above.
KITSAP COMMUNITY RESOURCES THE CITY OF BREMERTON
By Patt •- t
Its Its Ma r
DATE: r/3/1-]
— I Z-4 '
SATE:
6 7 �
isv I
ah Achaoui,C I B+ 'OME Administrator
CONTRACT MODIFICATION-KCR/CDBG
2014/2015 West Hills STEM Construction 1
•
APPROVED AS TO FORM: ATTEST:
i
I ellAvVO4a-- -)
ArA i I 1111111.11i •J '--
Bremertoity A • ir City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Sarah Achaoui
CDBG/HOME Administrator
City of Bremerton
345 6`t' Street, Suite 600
Bremerton, WA 98337
CONTRACT MODIFICATION-KCR/CDBG
2014/2015 West Hills STEM Construction 2