004-22 - Ordinance - Contract with Kitsap County for Lippert Sidewalk RepairDocuSign Envelope ID: DCCC65F5-22E8-491B-A1B3-EAF75009A302
ORDINANCE NO. 004-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING THE TERMS AND CONDITIONS FOR CONTRACT NO. C034-22
WITH THE KITSAP COUNTY DEPARTMENT OF HUMAN SERVICES —
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FOR THE
LIPPERT AVENUE SIDEWALK RETROFIT PROJECT AND AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT; PROVIDING FOR SEVERABILITY
AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, by the July 23, 2021 application deadline for the Kitsap County Department
of Human Services - Community Development Block Grant (CDBG) Program, the City's Public
Works Department applied for grant funding for the Lippert Avenue Sidewalk Retrofit Project;
and
WHEREAS, on March 24, 2021, the City of Port Orchard Public Works Department was
officially notified that the Lippert Avenue Sidewalk Retrofit Project was approved by the Board
of County Commissioners for CDBG grant funding and would be included within the Final 2021
Kitsap County Action Plan to the Federal Department of Housing & Urban Development (HUD);
and
WHEREAS, an Environmental Review for Activity Assessment for the Project was
completed by the Kitsap County Department of Human Services and provided to HUD on
December 13, 2021; and
WHEREAS, on February 2, 2022, the City of Port Orchard received the Agency Service
Agreement - Community Development Block Grant No. KC-CFDA #14.218 for the Lippert
Avenue Sidewalk Retrofit Project, attached hereto as Exhibit A and incorporated herein by this
reference; and
WHEREAS, the Port Orchard City Council has determined it to be in the best interest of
the City to enter into Contract No. C034-22 with Kitsap County and accept the grant on the
terms and conditions stated therein for the Lippert Avenue Sidewalk Retrofit Project; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council accepts the Kitsap County Department of Human Services -
Community Development Block Grant (CDBG) and authorizes the Mayor's execution of
Contract No. C034-22 with Kitsap County (County Agreement No. KC-CFDA #14.218) for the
Lippert Avenue Sidewalk Retrofit Project.
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Ordinance No. 004-22
Page 2 of 24
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 22" d day of February 2022.
ATTEST:
DocuSigned by:
6VAJAJ� UQ Ut,
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte Archer, City Attorney
PUBLISHED: February 25, 2022
EFFECTIVE DATE: March 2, 2022
DocuSigned by:
96bt*f PlnrM A SWti ,
Robert Putaansuu, Mayor
SPONSOR:
FI-
DocuSigned by:
rC�Oa
Fred Chang, Councilmember
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Agreement No.: KC-
CFDA#: 14.218
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
Contract No. 034-22
AN AGREEMENT, by and between Kitsap County hereinafter referred to as "County"
and, City of Port Orchard hereinafter referred to as "Agency" by which the Agency agrees to
carry out specific activities under Kitsap County's Community Development Block Grant
Program and establishing certain other terms and conditions of operation.
IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, the parties
acknowledge that the following attachments, which are attached to this Agreement, are
expressly incorporated by this reference.
ATTACHMENTS
Attachment A — Budget Summary
Attachment B — Certification Regarding
Responsibility Matters
Attachment C — Certification Regarding
IT IS MUTUALLY AGREED AS FOLLOWS:
Debarment, Suspension, and Other
Lobbying
ARTICLE I. PROJECT
SECTION 1. SCOPE OF SERVICES
The County, 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 provide sidewalk improvements to improve accessibility and
ADA compliance along Lippert Drive, between Sidney Ave. and Pottery Ave. in the City of
Port Orchard. Grant funds will be used to pay for hard construction costs.
B. Agency Shall:
1. Provide construction start date, schedule and changes to CDBG.
2. Obtain appropriate construction permits as required and inspections.
3. Follow all requirements for compliance with Davis Bacon and related Acts, ensuring
contract with contractor contains all necessary documents and federal wage provisions.
4. Follow HUD and Block Grant office procurement requirements.
5. Notify Block Grant staff immediately of any modifications to proposed project scope or
schedule changes.
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6. Arrange pre -construction meeting with general contractor, the City and Block Grant staff.
7. Oversee construction, act as liaison between general contractor and Block Grant staff
for Davis -Bacon and other federal requirements.
8. Maintain required records and track relevant data to demonstrate project success
9. Submit quarterly reports and billing vouchers in a timely manner.
10. Arrange with Block Grant staff for final inspection.
11. Notify Block Grant staff as soon as possible of project completion for closeout.
SECTION 2. PROJECT DESCRIPTION
Project Name:
Funded Amount:
Action Plan Year:
Type of Project:
Service Area:
Project Address/Location:
National Objective:
Basic Eligible Activity Citation:
Matrix Code:
Project Details
_ Lippert Sidewalk Retrofit
$254,350
2021
Capital
City of Port Orchard
Lippert Drive, between Pottery Ave. and
Sidnev Ave.. Port Orchard. WA 98366
LMA
24 CFR 570.201(c
03L
Strategic Plan Objective and Strategy: Provide essential public facilities and
infrastructure, located in HUD designated
Low -Mod areas.
HUD Performance Measures
HUD Objective of Activity: Suitable Living Environment
HUD Outcome: Availabilit /Accessibilit
Federal Contract Requirements — 2 CFR Part 200
DUNS Number: 81932790
Federal Award Identifier Number FAIN B-21-UC-53-0005
Research or Development Contract: No
Indirect Cost (IDC) Rate for Federal Award:
❑ Approved Rate
❑ De Minimis for IDC Rate
® Not Applicable
SECTION 3. SCHEDULE FOR COMPLETION (specific milestones)
Specific Tasks
Start Date
End
Date
CDBG Grant Contract Term Begins 1 1 /1 /22
NEPA Environmental Review Completed 12/13/21
Permits 3/15/22
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Final Plans, Specifications, and Estimate
3/15/22
Bidding
3/25/22
4/26/22
Construction
5/9/22
8/31/22
Close out/Final Inspection
9/5/22
10/31/22
Submit final invoice requesting reimbursement and contract
closeout
11/21/22
1/30/23
SECTION 4. CONDITIONAL COMMITMENT
Notwithstanding any provision of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or site approval,
and that such commitment of funds or approval may occur only upon satisfactory completion of
environmental reviews and receipt by the County of a release of funds from the U.S.
Department of Housing and Urban Development, if required as determined by the County, and a
notice to proceed from the County. The parties further agree that the provision of any funds to
the project is conditioned on the County's discretionary decision to proceed with, modify or
cancel the project, based on the results of environmental reviews.
The Agency shall not undertake or commit any funds to physical or choice limiting
actions, including acquisition, demolition, movement, rehabilitation, conversions, repair or
construction prior to the environmental clearance. Violation of this Section may result in the
denial of any funds under this Agreement.
SECTION 5. TERM OF AGREEMENT
The term of this Agreement is January 1, 2022 through June 30, 2023 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, or shall cover the Restricted Use period, if applicable.
SECTION 6. PROGRAM REPORTING
The Agency shall submit such reports as required by the County to meet its local
obligations and its obligation to the Department of Housing and Urban Development. The
County will prescribe the report format, as well as the time and location for submission of such
reports. Required reports include, 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) Quarterly reports on demographic, neighborhood residence, and income information
regarding persons assisted by the Agency through this Agreement.
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(C) 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 County shall reimburse the Agency its allowable costs for the services identified in
this Agreement not to exceed Two hundred fifty-four thousand three hundred fifty dollars
($254,350), upon presentation of a properly executed invoice in a form approved by the County.
Such reimbursement shall constitute full and complete payment by the County under this
Agreement. Allowable costs shall mean those necessary and proper costs identified in the
Agency's application and approved by the County, 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 2 CFR Part 200, Subpart D. 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.
Budget Summary:
See Attachment `A' for Budget Summary
Time of Payment: Payment shall be made upon receipt of reimbursement request voucher
mailed to:
Block Grant Office, Kitsap County Department of Human Services, 345 6th Street Suite
400, Bremerton, WA 98337-1869.
Where Payments Are Made: Payments shall be made to:
City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366.
The Agency shall apply the funds received from the County 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 this Agreement shall require a formal amendment to this
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 County.
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SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
The Agency shall meet the financial management standards in 2 CFR 200 Subpart D. 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 County 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.
(B) Keep a continuing record of all disbursements by date, check number, amount, vendor,
description of items purchased and line item from which money was expended, as
reflected in the Agency's accounting records. The 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. If
HUD has not completed the annual State audit, the records must be retained until such
audit has been completed.
(D) Permit inspection and audit of its records with respect to all matters authorized by this
Agreement by representatives of the County, the State Auditor, and/or the United States
at any time during normal business hours and as often as necessary.
(E) Inform the County concerning any funds allocated to the Agency, that the Agency
anticipates will not be expended during this Agreement period, and permit reassignment
of the same by the County to other agencies.
(F) Repay to the County any funds in its possession at the time of termination of this
Agreement that may be due to the County or the United States.
(G) Maintain complete records concerning the receipt and use of all program income.
Program income shall be reported on a quarterly basis on forms provided by the County.
(H) Unless stated otherwise herein, all records and reports required under this Agreement
shall be maintained for a minimum of six (6) years, or the Restricted Use period,
whichever is longer.
SECTION 3. REIMBURSEMENT
The County shall reimburse the Agency only for actual incurred costs upon presentation
of a properly executed invoice in a form approved by the County. Only those allowable costs
directly related to the Agency's application, approved by the County 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.
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Notwithstanding any other provisions in 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 County 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 County or United States may order repayment of the same. The Agency
shall remit the disallowed amount to the County within thirty (30) days of written notification of
the disallowance.
The Agency agrees that funds determined by the County to be surplus upon completion
of this Agreement will be subject to cancellation by the County.
The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to
the County any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
The County shall be relieved of any obligation for payments if funds allocated to the
County cease to be available for any cause other than malfeasance of the County itself.
The County reserves the right to withhold payments pending timely delivery of program
reports or documents as may be required under this Agreement.
SECTION 4. PROGRAM INCOME
Use of any program 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:
Program Income will be returned to the County Community Development Block Grant
(CDBG) Program unless specifically authorized below:
® This project shall not generate any program income.
❑ This project may generate program income and the Agency is authorized to use program
income.
Program income will be returned to the County CDBG Program on a monthly
basis for deposit in the County's local account.
The funds will be considered additional CDBG funds, subject to all conditions
applicable to the use of funds described in this Agreement and will be included
in an Action Plan and appropriated to the Agency through a contract.
Any program income on hand when this Agreement is terminated, or received after such
termination, shall be reimbursed to the County.
ARTICLE III. FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
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The activity, as described in Article I. Section 1 of this Agreement shall meet one of the
three CDBG National Objectives as stated in 24 CFR § 570.208. For activities serving
individuals or households, not less than 51 % of all persons served shall be low- and moderate -
income and the individuals or households must qualify under the federal income limits as
established by HUD. Benefit to moderate income persons or households cannot be at the
exclusion of low-income persons or households. The Agency shall maintain records that clearly
document the income range and household size of the individuals or households it serves.
Furthermore, the Agency shall maintain records documenting the race/ethnicity of the individual
or household being served and if they are a female head of household.
SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) All agencies shall comply with the requirements set forth in 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
(B) All agencies are to procure audit services based on 2 CFR Part 200, Subpart F; and
(1) The Agency shall maintain its records and accounts so as to facilitate the audit
requirement and shall ensure that all contractors (performing all or part of the
services under this Agreement under a separate contract with the Agency) also
maintain auditable records.
(2) The Agency is responsible for any audit exceptions incurred by its own
organization or that of its contractors.
(3) Kitsap County reserves the right to recover from the Agency all disallowed costs
resulting from the audit.
(4) Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Agency must respond to Kitsap
County requests for information or corrective action concerning audit issues within
thirty (30) days of the date of request.
SECTION 3. SEPARATION OF CHURCH AND STATE
If the Agency is a faith -based organization, it must comply with 24 CFR § 570.2000) and
24 CFR § 5.109, which specify requirements for participation by faith -based organizations in
HUD programs and activities.
SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING
The Agency shall comply with Executive Order 11246, as amended by Executive Order
12086 and Executive Order 13672, 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, sexual orientation, gender identity, or national origin, in all phases of
employment during the performance of Federal or federally assisted construction contracts. The
Agency shall take affirmative action to ensure fair treatment in employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay,
or other forms of compensation and selection for training and apprenticeship. The Agency shall
ensure compliance with 24 CFR § 570.601. Specifically, the Agency shall ensure that
provisions as follows are included in all construction contracts awarded in excess of
$10,000 and monitor compliance:
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(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, sexual orientation, gender
identity, or national origin.
(B) The Contractor will send to each labor union or representative of workers with which it
had a collective bargaining agreement or other contract or understanding, a notice to be
provided by the Agency contracting officer, advising the labor union or 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 orders 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 Section 202 of Executive Order 11246 of
September 24, 1965, as amended 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, as amended 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.
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Section 3 of the Housing and Urban Development Act of 1968 requires that to the
greatest extent feasible, opportunities for training and employment be given to lower income
residents of the project area and agreements for work in connection with the 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 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
The Agency must comply with the conflict -of -interest requirements set forth in 24 CFR §
570.611 and 2 CFR § 200.112, including but not limited to the specific requirements contained
herein. 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 sub -agreement hereto or the proceeds thereof. The Agency shall take
appropriate steps to ensure 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 Kitsap County CDBG Program will obtain a
personal or financial interest from the CDBG assisted activity. The contractor further
covenants that it presently has no interest in, nor shall it acquire any interest, direct or
indirect, either for itself or those with whom it has 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 its employees, will be disclosed to the Agency
and the County.
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, outlined in 24 CFR § 570.606. The Agency shall take
all reasonable steps to minimize displacement of persons (families, individuals, businesses,
non-profit organizations and farms) as a result of activities assisted with CDBG funds. Any
action by the Agency which may result in the displacement of persons under 24 CFR § 570.606
must receive prior written approval from the County.
SECTION 8. DAVIS BACON AND RELATED ACTS
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The Agency shall comply with the requirements of 24 CFR § 570.603, and the Davis -
Bacon and Related Acts (DBRA), 40 U.S.C. 3141 et. seq., when the contract for construction,
alteration, and/or repair exceeds $2,000, or involves the rehabilitation of property with 8 units or
more, is federally assisted, and involves the employment of laborers and/or mechanics to
perform the work. The Agency shall comply with the Copeland "Anti -Kickback" Act (40 U.S.C.
3145), as supplemented by the Department of Labor regulations, 29 CFR Part 3. For any
agreement in excess of $100,000 that involves the employment of mechanics or laborers, the
Agency shall also comply with the Contract Work Hours and Safety Standards Act, 40 U.S.C.
3701-3708 and 29 CFR Part 5.
SECTION 9. LEAD BASED PAINT
The Agency shall comply with HUD Lead -Based Regulations (24 CFR Part 35, Subparts
A, B, J, K and R), 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 six
years of age may be exposed.
SECTION 10. DISCRIMINATION PROHIBITED
(A) In performing under this Agreement, the Agency may not discriminate on a
prohibited basis and must comply with 24 CFR § 570.602 and with 24 CFR Part 6,
which sets forth policies and procedures prohibiting discrimination on the basis of
race, color, national origin, religion or sex in programs and activities funded with
federal financial assistance, 24 CFR Part 8, which sets forth policies and
procedures prohibiting discrimination on the basis of disability in programs and
activities funded with federal financial assistance, and 24 CFR Part 146, which
sets forth policies and procedures prohibiting discrimination on the basis of age in
programs and activities funded with federal financial assistance.
(B) Any authorized Agency subcontract (or other assignment of rights or delegation of duties)
must include appropriate and legally binding safeguards against discrimination consistent
with the requirements of this section.
SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT
The Agency shall meet the requirements, where applicable, of the Architectural Barriers
Act and the Americans with Disabilities Act, as set forth in 24 CFR § 570.614. A building or
facility designed, constructed, or altered with funds allocated or reallocated under the CDBG
program after December 11, 1995 and that meets the definition of "residential structure" as
defined in 24 CFR Part 40.2 or the 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, 201, 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
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readily achievable -- that is, easily accomplishable and able to be carried out without much
difficulty or expense.
SECTION 12. FLOOD DISASTER PROTECTION.
The Agency agrees to comply with section 202(a) of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4106) and the regulations in 44 CFR Parts 59 through 79.
SECTION 13. REVERSION OF ASSETS.
In accordance with 24 CFR § 570.503(b)(7), upon the expiration of this Agreement,
Agency agrees to transfer to the County any CDBG funds on hand at the time of expiration and
any accounts receivable attributable to CDBG funds. Agency shall also ensure that any real
property under Agency's control that was acquired or improved with CDBG funds, including
loaned funds, in excess of $25,000 is either
(a) used to meet one of the national objectives set forth in 24 CFR § 570.208 until five (5)
years after the expiration of this Agreement, or such longer time as determined by the
County; or
(b) if not used in accordance with subsection (a) above, Agency agrees to pay the County
an amount equal to the current market value of the property less any portion of the
value attributable to expenditures of non-CDBG funds for the acquisition of, or
improvement to, the property. Such payment shall be treated as program income by
the County. However, no such payment is due after the period of time specified in
subsection (a) above.
SECTION 14. DEBARMENT AND SUSPENSION.
The Agency agrees to certify that it is not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any Federal department or agency in
accordance with Executive Orders 12549 and 12689, 2 CFR Part 2424.
SECTION 15. OTHER PROGRAM REQUIREMENTS
(A) The Agency shall carry out each activity in compliance with all Federal laws and
regulations described in Subpart K of 24 CFR Part 570, regardless of whether the law is
specifically stated in this Agreement, except that:
(1) The Agency does not assume the County's environmental responsibilities
described in 24 CFR § 570.604; and
(2) The Agency does not assume the County's responsibility for initiating the review
process under Executive Order 12372.
(B) For Agreements in excess of $150,000, the Agency agrees to comply with the Clean Air
Act, 42 U.S.C.7401-7671q, and the Federal Water Pollution Control Act, 22 U.S.C. 1251-1387.
(C) The Agency agrees to comply with the Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352,
where applicable.
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(D) If this Agreement involves the acquisition or improvement of real property or equipment,
the Agency agrees to comply with the provisions of 2 CFR § 200.310 — 200.316.
ARTICLE IV: GENERAL CONDITIONS
SECTION 1. COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all applicable
Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by
the U.S. Department of Housing and Urban Development, including, but not limited to, Federal
Community Development Block Grant Regulations and other policies and guidelines established
for the Kitsap County CDBG Program by the Kitsap County Board of Commissioners. The
Agency agrees to comply with all provisions of the Americans with Disabilities Act and all
regulations interpreting or enforcing such act.
In addition, where applicable the following requirements must be met: (1) Compliance
with the Copeland "Anti -Kickback" Act for any contract or subcontract in excess of $2000 for
construction or repair (18 U.S.C. 874 and 40 U.S.C. 276c as supplemented by 29 CFR Part 3);
(2) Contract Work Hours and Safety Standards Act for any contracts in excess of $2000 for
construction or contracts in excess of $2500 that involve the employment of mechanics or
laborers (40 U.S.C. 327 — 333, as supplemented by 29 CFR Part 5); (3) contracts or
agreements for the performance of experimental, developmental, or research work include the
rights of the Federal Government and recipient in any resulting invention in accordance with 37
CFR Part 401; (4) for contracts in excess of $100,000, the Agency must comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401
et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.); (5)
all agencies must comply with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701); and (6) for
construction projects, all agencies must comply with, including subcontractors, the Federal
Labor Standards Provisions, as issued by the U.S. Department of Housing and Urban
Development.
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, County 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 this Agreement to ensure 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 this Agreement the following insurance placed with insurers with a
minimum Best's 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, its agents, representatives, employees or subcontractors.
Minimum Limits of Insurance. Agency shall maintain limits no less than:
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• Commercial General Liability: One million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury and property damage, and two million dollars
($2,000,000) aggregate. Coverage shall be on an "occurrence" basis.
• Comprehensive Automobile Liability Insurance: One million dollars ($1,000,000)
combined single limit per accident for bodily injury/property damage. Coverage will
include owned, hired, and non -owned vehicles.
• Workers' Compensation and Employer's Liability: Workers' Compensation coverage as
required by Title 51, Revised Code of Washington.
• Professional Liability Errors and Omissions: In the event that services delivered pursuant
to this contract either directly or indirectly involve or require professional services the
Agency will provide professional liability errors and omissions coverage with a minimum
limit of $1,000,000 per claim and in the aggregate.
Miscellaneous Insurance Provisions
Agency's Insurance is Primary: The Agency's liability insurance provisions will be
primary with respect to any insurance or self-insurance programs covering the County, its
elected and appointed officers, officials, employees and agents.
Additional Insured: The Agency's commercial general liability and automobile liability
insurance (if applicable) will include the County, its officers, officials, employees, and
agents as additional insured, without limitation, with respect to performance under the
contract.
Evidence of Agency's Insurance shall be presented to Kitsap County Department of
Human Services prior to the execution of this Agreement. In the event of non -renewal,
cancellation, or material change in coverage, thirty (30) days written notice will be
furnished to the County prior to the date of cancellation, non -renewal or change. Written
notice of cancellation or change will be mailed to the County at the following address:
Kitsap County Department of Human Services
Block Grant Program
345 6th Street, Suite 400
Bremerton, WA 98337
Upon receipt, the Human Services Department will ensure submission of all insurance
documentation to the Risk Management Division, Kitsap County Department of
Administrative Services.
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SECTION 4. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the County, 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 therefrom, 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 the performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of the Agency, its officers, employees, volunteers,
subcontractors, agents, successor, or assigns. This indemnification will also apply to any claims
arising out of the Agency's non-compliance with federal regulations, as required under this
Agreement. This provision shall be inapplicable to the extent the County is judicially found solely
negligent for such damage or injury.
Solely for the purposes of this provision, Agency waives its immunity under Title 51
(Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver
was mutually negotiated by the parties.
SECTION 5. NOTICES
Any notices required or permitted to be given shall be in writing and delivered to the
following parties at the following addresses:
County: Agency:
Kitsap County Dept. of Human Services City of Port Orchard
Block Grant Program Dept. of Public Works
345 6th Street, Suite 400 216 Prospect St.
Bremerton, WA 98337-1869 Port Orchard, WA 98366
SECTION 6. 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 County. All terms
and conditions of this Agreement shall apply to any approved subcontract or assignment related
to this Agreement.
SECTION 7. 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 8. AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
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SECTION 9. DISPUTE RESOLUTION
The parties will attempt in good faith to resolve any dispute or claim arising out of or in
relation to this Agreement through negotiations between representatives with authority to settle
the relevant dispute. If the dispute cannot be settled amicably within fourteen days from the
date on which either party has served written notice on the other of the dispute, then the
remaining provisions of this Agreement, including remedies for non-compliance and termination
shall apply.
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 County reserves the right to temporarily withhold all or any part of payment pending
correction of the deficiency, suspend all or part of this Agreement, or prohibit the Agency from
incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the
County's right to terminate, as provided in Article IV Section 11 of this Agreement. The County
may consider performance under this Agreement when considering future awards.
SECTION 11. SUSPENSION AND TERMINATION
If the Agency fails to comply with the terms and conditions of this Agreement, the County
may pursue such remedies as are available in accordance with Article IV Section 10, and/or
terminate this Agreement under the following terms:
(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 County 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
County or its authorized representative within the time specified by same; or
(3) The Agency has failed within the time specified by the County or its authorized
representative to satisfactorily substantiate its compliance with the terms and
conditions of this Agreement;
then the County may terminate this Agreement in whole or in part, and thereupon shall
notify in writing the Agency of the termination, the reasons therefor, and the effective date. The
effective date shall not be prior to notification of the termination by the County to the Agency.
Costs resulting from obligations incurred by the Agency after termination of this Agreement are
not allowable unless specifically authorized in writing by the County.
(B) Termination for Convenience
This Agreement may be terminated for convenience, in whole or in part, as follows:
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(1) By the County 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 County. 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 County may terminate the award in its
entirety if the County determines that the remaining portion will not accomplish the
purpose for which the award was made.
(C) Termination for Withdrawal, Reduction or Limitation of Fundin
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
County 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 Kitsap County deems that the continuation of the
program covered by this Agreement is no longer in the best interest of the public, the
County may summarily terminate this Agreement in whole notwithstanding 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 County 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 the County or its designee; and
(C) Closeout of funds will not occur unless all requirements of 2 CFR Part 200 Subpart D and
all outstanding issues with the general contractor and or subcontractor have been
resolved to the satisfaction of the County.
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.
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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 this Agreement did not contain
the particular part, term, or provision held to be invalid.
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.
Dated this 23rd day of February 2022.
AGENCY:
City of Port Orchard
Mayor, Robert Putaansuu
Dated this day of , 2022.
KITSAP COUNTY
KAREN GOON, County Administrator
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INDEX TO CDBG AGREEMENT
Article I. Project
1.
Scope of Services
2.
Project Description
3.
Schedule of Completion
4.
Conditional Commitment
5.
Term of Agreement
6.
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 Paint
10. Discrimination Prohibited
11. Architectural Barriers Act/Americans with Disabilities Act
12. Flood Disaster Protection
13. Reversion of Assets
14. Debarment and Suspension
15. Other Program Requirements
Article IV. General Conditions
1. Compliance with Laws
2. Licensing and Program Standards
3. Insurance
4. Indemnity
5. Notices
6. Assignment and Subcontracting
7. Reservation of Rights
8. Amendments to Agreement
9. Dispute Resolution
10. Failure to Perform
11. Suspension and Termination
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12.
Close -Out
13.
Venue and Choice of Law
14.
Severability Clause
15.
Integrated Document
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Attachment A — Budget Summary — City of Port Orchard, Lippert Sidewalk Retrofit
PROJECT COSTS
Total
County CDBG
Other
All Funds
Funds
Funds
PERSONNEL, including
managers, staff, salaries,
benefits and taxes.
AMOUNT
$ 3,228
$
$ 3,228
SUPPLIES/EQUIPMENT,
including office supplies, office
equipment if approved.
AMOUNT
$
$
$
ADMINISTRATION including
occupancy (building & grounds),
advertising, audit,
insurance/bonds, postage,
rent/utilities, communication,
training, travel, transportation
AMOUNT
$
$
$
ACQUISITION COSTS
AMOUNT
$
$
$
DEVELOPMENT SOFT COSTS
including appraisal, design and
A&E, processing/settlement and
financing, marketing, operating
reserve, professional fees and
contract services
AMOUNT
$ 38,500
$
$ 38,500
DEVELOPMENT HARD
COSTS, including
clearance/demolition,
construction, rehabilitation and
improvements.
AMOUNT
$ 778,272
$ 254,350
$ 523,922
OTHER COSTS, as approved
including:
AMOUNT
$
$
$
TOTAL PROJECT COSTS
$ 820,000
$ 254,350
$ 565,650
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ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
Primary Covered Transactions 24 CFR PART 24
The Agency certifies to the best of its knowledge and belief, that it and its
principles:
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded by any Federal
department or agency;
b. Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connections with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statement, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charges by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1.b. of
this certification; and
d. Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
2. Where the Agency is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to
this proposal.
This Certification is executed by the person(s) signing below who warrant they
have authority to execute this Certification.
AGENCY: City of Port Orchard
Mayor, Robert Putaansuu
2-23-2022
Date
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ATTACHMENT C
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and beliefs, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
AGENCY: City of Port Orchard
2-23-2022
Mayor, Robert Putaansuu Date
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