CFDA NO. 14.218 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT CONTRACT #10-09 This Contract is entered into by the Regional Access Mobility Program of Montana, Inc. (the Grantee), and the City of Missoula, Montana, (the City). The Grantee and the City agree to the following terms: 1. PURPOSE The purpose of this Contract is to provide funding for project activities approved by the City under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program. 2. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for CDBG assistance is incorporated into this Contract by this reference and the representations made in the application are binding upon the Grantee. 3. ACCEPTANCE OF CDBG PROGRAM REQUIREMENTS The Grantee will comply with all applicable parts of Title I of the Housing and Community Development Act of 1974, as amended; the applicable Department of Housing and Urban Development (HUD) regulations in 24 CFR Part 570, as now in effect or as they may be amended during the term of this contract; all requirements established by the City; applicable State and federal laws, regulations, administrative directives and procedures; and local ordinances and resolutions. The Grantee agrees that all contracts entered into by it for the completion of the activities described in Section 5 of this Contract will contain special provisions requiring contractors to comply with all applicable state and federal requirements. The Grantee expressly agrees to repay to the City any funds advanced to the Grantee under this Contract which the Grantee, its subcontractors or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract expends in violation of the terms of this Contract or the federal statutes and regulations governing the CDBG Program. 4. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect upon execution by the parties and will terminate upon completion of the final project closeout by the City. The activities to be performed by the Grantee will be completed according to the implementation schedule included as Attachment B to this Contract, which by this reference is made a part of this Contract.
5. SCOPE OF ACTIVITIES The Grantee will engage in the activities set forth in the Grantee's application for CDBG grant assistance. The major components of the project include: Will purchase, install, and maintain aluminum ramp modules to increase accessibility and safety for at six (6) low to moderate income households. Will comply with applicable codes, regulations and standards. Will provide reports to the City of Missoula on prescribed forms and including family size, ethnicity, type, and income information for all program participants. 6. BUDGET The total amount of this Contract will not exceed $20,000.00. (c) A copy of the project budget is included as Attachment A to this Contract, and by this reference is made a part of this Contract and binding upon the Grantee. Budget adjustments must be approved in advance by the City. For adjustments between line items of the CDBG portion of Attachment A, in an amount not to exceed $1,000, City approval of the Request for Payment form will constitute approval of the budget adjustment. The Grantee must describe the rationale for a budget adjustment in the Project Progress Report and the adjustments noted in the Request for Payment and Status of Funds Report submitted with draws against the grant funding reserve. Budget adjustments in excess of $1,000 are subject to written City approval. 7. AMOUNT OF GRANT AND METHOD OF PAYMENT (c) (d) (e) (f) The City will pay to the Grantee funds available under this Contract upon approval by the City of the Grantee's Request for Payment. The City may agree to make advance payments to the Grantee for activities set forth in Section 5. SCOPE OF ACTIVITIES upon satisfactory demonstration of need as presented by the Grantee and approved by the City. In expending funds advanced by the City, the Grantee will limit expenditures to those included in the Request for Payment and expressly approved by the City. The City will reimburse the Grantee for approved, eligible and necessary expenses according to the documentation submitted by the Grantee to support the expenditures. The City will not reimburse the Grantee for any expenses not included in the approved budget or not clearly and accurately supported by the Grantee's records. Any authorized funds not expended under this grant will revert to the City and will be used to finance other CDBG projects. The reimbursement of eligible costs incurred is contingent upon the Grantee's completion of Section 16. SPECIAL PROJECT START UP CONDITIONS. In the event the Grantee is unable to comply with the terms and the conditions of this Contract, any costs incurred will be the Grantee's sole responsibility. If the actual total cost of completing the project is less than has been projected by the Grantee in the budget (Attachment C), the City may, at its discretion, reduce the amount to be provided under this Contract in proportion to the overall savings If the City determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract, the City may revoke the Grantee's authority to draw against the reservation described in this Contract until the City and the Grantee agree on a plan to remedy the deficiency. The City reserves the right to withdraw a commitment for any CDBG funds which remain unobligated 24 months after the date of execution of this Contract.
8. LIAISON Mike Barton, Grants Administrator in the Missoula Office of Planning and Grants (OPG), is the City's liaison with the Grantee regarding all administrative and technical matters concerning this Contract. Dennis Daneke is the Grantee's liaison with the City for administrative and technical matters. Either party may change its liaison upon notification of the other party. 9. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any contractor or subcontractor pursuant to this Contract are to be the property of the Grantee and the City which have exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto. No material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the City's prior written approval. 10. ACCESS TO RECORDS AND PROJECT MONITORING The Grantee will maintain adequate and reasonable records of its performance under this Contract and will allow access to these records at any time during normal business hours by the City, the U.S. Department of Housing and Urban Development and the Comptroller General. These records will be kept in the Grantee's offices in Missoula, Montana. The City or its agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with the Scope of Work, and other technical and administrative requirements, including the adequacy of the Grantee's records and accounts. The City will advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the City. 11. PROJECT PROGRESS REPORTING During the term of this contract, the Grantee will submit a Project Progress Report to the City during each quarter for the periods ending June, September, December and March. This report will describe the status of the project with respect to each implementation objective including, at a minimum, the percentage of the project which has been completed, costs incurred, funds remaining, anticipated completion date, and direct benefit data. The report must also describe any significant problems encountered and any necessary modification of the project scope or implementation schedule that are being requested.
The Grantee will submit the Project Progress Report to the City within 10 days of the close of each quarter. The City will not honor claims for payment until the required quarterly report has been submitted to and approved by the City. Project Progress Reports submitted during a quarter in conjunction with a Request for Payment will satisfy the quarterly progress-reporting requirement. 12. EQUAL EMPLOYMENT OPPORTUNITY Any hiring of employees by the Grantee under this Agreement will be on the basis of merit and qualification, and the Grantee will not discriminate against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. As used herein, "qualifications" means qualifications as are generally related to competent performance of the particular occupational task. 13. AVOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of the applicable HUD regulations of 24 CFR 570.611; and with sections 2-2-125, 2-2-201, and 7-5-4109, MCA, (as applicable) regarding the avoidance of conflict of interest. 14. OPEN MEETINGS All meetings of the Grantee s Board of Directors will be open to the public as per the applicable Montana Code Annotated provisions in 2-3-203, MCA. 15. MODIFICATION AND ASSIGNABILITY OF CONTRACT This Contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in or authorized by this written Contract, are valid or binding. This Contract may not be enlarged, modified, or altered except upon written agreement, and does not imply any continuing commitment by the City of Missoula beyond the termination date noted in this Contract. The Grantee accepts responsibility for the adherence to the terms of this Contract by subcontractor or subrecipient entities and by public or private agents or agencies to which it delegates authority to carry out portions of this Contract. 16. SPECIAL PROJECT START UP CONDITIONS The Grantee will not obligate or utilize funds for any activities provided for by this Contract until: The City completes an Environmental Review Record, if applicable, and issues a Notice of Release of Funds. The Grantee submits to the City evidence of the firm commitment of the other resources necessary for the completion of the project as defined in Section 5 and Attachment A of this Contract. Within six months of the date of the announcement of the tentative grant award by the City, the Grantee will have completed all necessary arrangements to assure that those resources are available for commitment to and participation in the project in order to guarantee timely project completion. Unless the Grantee can demonstrate the existence of unusual or extenuating circumstances that justify an extension of time, the City will withdraw the tentative award and reallocate the funds.
The City will not release any CDBG funds to the Grantee until the Grantee has obtained firm commitments for all non-cdbg resources to be involved in the project. The Grantee may not expend or obligate any CDBG funds, other than for administrative purposes, until the City determines that this condition has been satisfied. 17. CONSTRUCTION AND VENUE This Contract will be construed under and governed by the laws of the State of Montana. In the event of litigation concerning it, venue is in the District Court of the Fourth Judicial District in and for the County of Missoula, State of Montana. 18. INDEMNIFICATION The Grantee waives any and all claims and recourse against the City including the right of contribution, for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Grantee's or any subrecipient's performance under this Contract. Further, the Grantee will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses, or liability arising out of the Grantee's or any subrecipient's performance of this Contract. In the event that the City is named as a codefendant in any action relating to activities to be performed by the Grantee or a subrecipient under this Contract, the Grantee will notify the City of the action and will represent the City in the action unless the City undertakes to represent itself as a codefendant, in which case the City will bear its own litigation costs, expenses, and attorneys' fees. 19. CONTRACT AMENDMENT (c) The Grantee may request that this contract be amended. However, the City will allow an amendment only if the Grantee clearly demonstrates that the modification is justified and will enhance the overall impact of the original project. The City will consider each request to determine whether the modification is substantial enough to necessitate reevaluating the project's original ranking. If warranted, the City will analyze the impact of the proposed modification on the scores assigned the Grantee's application in the original grant competition. The City will not approve amendments to the scope of work or the budget that will affect high priority activities or improvements that would materially alter the circumstances under which the grant was originally ranked. If the City determines that the proposed amendment represents a substantial change in the project activities proposed in the original application for CDBG funds, the City will hold a public hearing on the amendment with reasonable notice. 20. PROPERTY MANAGEMENT Title to real property or equipment acquired under a grant or subgrant will vest upon acquisition in the Grantee or subgrantee. The Grantee or subgrantee will use, manage, and dispose of this property or equipment in accordance with the requirements set out in 24 CFR Part 85, Subpart C and 24 CFR Part 570, Subpart J.
21. TERMINATION OF CONTRACT This contract may be terminated as follows: (c) (d) Termination and Modification Due to Loss of Funding. If, for any reason, the federal financial resources required by the City to fund the Grantee s project are withdrawn from the City, the City may unilaterally terminate or modify the terms of this Contract to reflect the loss of funding. If a termination or modification is required, the City will, to the extent permitted by available CDBG funds, compensate the Grantee for eligible work elements the Grantee has completed and for actual, necessary and eligible expenses incurred by the Grantee as of the revised termination date. The City will give the Grantee written notice of the effective date of the modification or termination of this Contract and, if a reduction in funding is required, will provide the Grantee with a modified project budget. Termination Due to Noncompliance with Contract Terms. If the City determines that the Grantee has failed to comply with the general terms and conditions of this Contract, the project schedule, or any special conditions, and if upon notification of the defect the Grantee does not remedy the deficiency within a reasonable period to be specified in the notice, the City may terminate this Contract in whole or in part at any time before the date of completion. The City will promptly notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. Termination Due to Adverse Environmental Impact. This Contract will terminate at the conclusion of the environmental review process if the Grantee or the City determines that the project would have a significant adverse impact on the quality of the human environment and that this impact cannot be avoided or sufficiently mitigated by reasonable, cost-effective means. Effect of Termination. In the event of termination due to the Grantee's failure to comply with the terms of this Contract or the project's adverse environmental impact, any costs incurred will be the responsibility of the Grantee. However, at its discretion, the City may approve requests by the Grantee for reimbursement of expenses incurred. The City's decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the terms of this Contract and on whether any failure to comply with the terms of this Contract was the result of circumstances beyond the Grantee's control. IN WITNESS OF THE TERMS SET OUT ABOVE, the parties have executed this Contract. City of Missoula: John Engen, Mayor Regional Access Mobility Program of Montana, Inc.: Dennis Daneke, Co-Chair, Board of Directors Date: Dawn Braach, Co-Chair, Board of Directors Date: ATTEST: Martha L. Rehbein, CMC City Clerk
ATTACHMENT A C. Project Budget Expenditures and Revenue Sources Source: CDBG $20,000 Source: Source: Source: IN KIND $1,320 Total Project Budget $21, 320 PROJECT COSTS Salaries & Wages Contracted Services Insurance, Legal & Financial Services Direct Client Assistance $20,000 (include detailed costs of goods/services in narrative) $20,000 Travel/Training Office Expenses $120 $120 Construction Costs SUBTOTAL: Project Costs $20,000 $120 $20,120 OTHER COSTS (include other costs needed to implement this service or project) List here and describe in Budget Narrative. $1200 $1200 GRAND TOTAL $20,000 $1320 $21, 320
ATTACHMENT A Attachment A Budget Narrative 2010 Budget Narrative Temporary Aluminum Ramps for Residential Access RAMP of Montana, Inc. has developed this grant request to continue a service to residents of the City of Missoula that began under our first grant. The first grant was awarded in 2007 when we were operating as a program under Summit Independent Living Center. The original grant was for construction projects as well as 75% of my salary to help establish RAMP as a self sustaining program. We applied in 2009 for a service grant of $20,000 to continue our modular aluminum ramp program. All but 2.9 % of the current grant is expended. This request is to initially serve approximately 5 residents with aluminum modular ramps. We anticipate serving five of the individuals with funds through the direct client assistance line item, and at least one individual with a recycled ramp purchased with funds from prior years CDBG funding. We propose to spend a total of $20,000 on direct client assistance. Of this $17,000 is budgeted for EZ Access ramp modules. The retail price of these ramps is approximately $165.00 per foot. Due to our position as a preferred dealer and volume that we buy we can purchase these delivered in Missoula at $85.00 per foot. This will allow us to purchase 200 feet of ramp and landings. If we can purchase these all at one time we will save approximately 5% which will allow us to 210 feet of ramps. Total aluminum ramp modules to be purchased = $17,000.00 The balance of the fund request, $3000.00 is to be spent as follows: 1. Labor for on site assessment; 3 hours X 37.50= $112.50 X 5 jobs = $562.50 2. Labor for Pick up of shipment and delivery and set up of ramp. 8 hours X 37.50 = $300.00 X 5 jobs = $1,500.00 3. Mileage costs per job= 11.60 X 5 jobs = $58.00 4. Allowance for wood landing materials, aluminum thresholds and Other options specific to each job. $879.50 Sub total $3,000.00 Total for all direct services to residents $20,000.00 The calculations used for determining the number of projects we will provide are based on past experience. Our average ramp project uses 40 feet of ramp and landings. Some are 20 feet with no landings required while others can be 40 feet of ramp with 3 or 4 landing modules. The allowance (4. above) is for wood landings that are sometimes required for existing porches
ATTACHMENT A that an aluminum landing cannot be placed on, and for special thresholds and other features sometimes required to meet access requirements to complete a project. In the project budget, RAMP of Montana, Inc. shows $1,320 in matching in-kind monies. The costs itemized below are the value of those administrative costs related to promoting the project, identifying eligible households, designing appropriate ramp systems and coordinating their installation, as well as time completing required reports and other administrative aspects managing the CDBG grant. In-kind costs include: 1. Volunteer board member hours for promotion, client intake, and project coordination of placing modular ramp systems: 6 hours times 6 projects @ $25.00/hour = $900 2. Volunteer board member hours reporting and managing the grant: 12 hours @ $25.00/hour = $300 3. Office expenses: $10.00/month times 12 months = $120 Assuming that past experience holds true, at least one of the six projects will be recycled to a new resident within the first 12 months of the 2010 funding cycle. RAMP of Montana, Inc. will provide the labor to move and reset all returned projects in the coming year as well as other overhead and costs related to receiving, qualifying residents etc. These costs are not represented in this grant request. During the 2009 Grant year we received 4 project ramps back and served 3 clients with those ramps