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HomeMy WebLinkAbout000294 Original ContractThis Agreement is made between the City of Port Angeles (hereinafter referred to as the "City and Healthy Families of Clallam County, Washington State not for profit corporation (hereinafter called Subrecipient) for the replacement of the Roof on the Rose House (herein called the Project). WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, the Washington State Department of Commerce is authorized by the federal Department of Housing and Urban Development (HUD) to provide State Community Development Block Grant Program funds (hereinafter referred to as CDBG funds) to units of City selected to undertake and carry out certain programs and projects under the Washington State Community Development Block Grant Program in compliance with all applicable local, state, and federal laws, regulations and policies, and WHEREAS, the City has received CDBG income that may be applied to the Project; and WHEREAS, it benefits the City to engage the Subrecipient to accomplish the Scope of Service and the objectives of the local CDBG project; THE PARTIES AGREE THAT: AGREEMENT City of Port Angeles and Healthy Families of Clallam County CDBG Funding for Rose House Roof Project 1. SCOPE OF SERVICES City Responsibilities The City is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)]. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the City the work described in the Scope of Work that is attached hereto, marked as Attachment A and incorporated herein by reference, tasks to accomplish the objectives of the Project. Principal Tasks Contract with an independent contractor to complete the replacement of a new roof on Rose House. Comply with applicable Policies and practices outlined in the Washington State Department of Commerce Community Development Block Grant Management Handbook. 1 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. BUDGET The City will pass through to the Subrecipient no more than $14,493.08 in CDBG funds for eligible incurred costs and expenses for the Project according to the budget shown on the Attachment A. 4. PAYMENT The City will reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this agreement is funded in whole or in part with CDBG funds and is subject to those regulations and restrictions normally associated with federally funded programs and any other requirements that the state may prescribe. 5. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: The requirements of Title 24 of the Code of Federal regulations, Part 57Q (HUD regulations concerning CDBG); and All other applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to 2 be performed under this Agreement. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will ensure the contractor provides Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will ensure the contractor carries sufficient insurance coverage to protect contract assets from loss due to theft, fraud and /or undue physical damage. G. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. H. Suspension or Termination In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the City or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. 6. DOCUMENTATION AND RECORD KEEPING A. Records to Be Maintained. The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. These include labor standard records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, state and local laws and regulations applicable to CDBG- funded construction projects. 3 B. Access to Records and Retention. All such records and all other records pertinent to this agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the City's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. C. Audits and Inspections. All Subrecipient records with respect to any matters covered by this Agreement will be made available to the City, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable. 7. PERSONNEL AND PARTICIPANT CONDITIONS A. Subrecipient shall comply with all state and federal laws and regulations applicable to the use of CDBG funds. B. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Subrecipient from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the City. C. Conflict of Interest No member of the City's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions 4 The subrecipient agrees by signing this contract that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. D. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. E. Personnel The Subrecipient represents that it has, or will secure at its own expense, all personnel required to fully perform under this contract. Such personnel shall not be employees of, or have any contractual relationship to, the City. All services required hereunder will be performed by the Subrecipient or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. 8. PERFORMANCE WAIVER The City's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Subrecipient with respect to this Agreement. IN WITNESS WHEREOF, the City and the Subrecipient have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES 5 HEALTHY FAMILIES OF CLALLAM COUNTY By: Title: t'e tSior /9 Date: Approved as to form: William E. Bloor, City Attorney Attest: Ja a Hurd, City Clerk G \LEGAL \a AGREEMENTS &CONTRACTS\2012 AGRMTS &CONTRACTS \CDBG Subrecipient Agrmt Healthy Families 02 14 12 rtf 6