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HomeMy WebLinkAbout2007-015 - Service Agreement with Northland Neighborhood, IncBILL N0.2007-15 ORDINANCE N0.2007-15 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO ENTER INTO A SERVICE AGREEMENT WITH, AND PAY CERTAIN FUNDS TO, NORTHLAND NEIGHBORHOOD INC. WHEREAS, Northland Neighborhood Inc. ("Service Provider") is a Missouri nonprofit corporation providing services, including property maintenance and repair services as described in the Riverside Home Grant Program Policies and Procedures attached hereto as Exhibit A (the "Services"); and WHEREAS, Service Provider desires to provide such Services and requires funding to provide the Services to the City; and WHEREAS, the City finds that the provisions of the Services is a public purpose and the City has the capability and desire to retain Service Provider for the provisions of such Services to the City. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. 'The City finds that the provisions of the Services contributes to the welfare of the City as well as the economic and social potential of the City and its residents, that the Services are important to the welfare of the City and that the provisions of the funds to assist in the providing such Services are for a public purpose. Section 2. The Riverside Home Grant Program Policies and Procedures attached hereto as Exhibit A are hereby approved. Section 3. The City shall pay funds to the Service Provider, and the Service Provider shall provide the Services to the City, pursuant to the terms of the Minor Home Repair Service Agreement (the "Service Agreement") attached hereto as Exhibit B. Section 4. The Mayor, City Administrator and City Clerk are authorized and directed to execute the Service Agreement, execution of such document being conclusive proof of such approval. The Mayor, City Administrator and City Clerk are each authorized and directed to perform all the acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance Section 5. This Ordinance shall take effect immediately. vv~~ ,~, +1, Passed this l~.11 day of February, 2007. Mayor Kathleen L. Rose THIS AGREEMENT ("Agreement') is made and entered into as of the 21st day of February, 2007, by and between Northland Neighborhoods, Inc., a Missouri nonprofit corporation (hereinatter referred to as "NNI"), and The City of Riverside, Missouri (hereinafter referred to as °Riverside"). PART I: RECITALS 1.01 WHEREAS, NNI, through its employees, agents and contractors, provides a variety of effective property maintenance and repair services to the residents of Clay and Platte Counties with low to moderate incomes, collectively referred to as the NNI Minor Home Repair Program ("Program"); 1.02 WHEREAS, Riverside desires to contract with NNI for the express purpose of providing such services to eligible residents of Riverside, Missouri, the extent of which is more specifically defined herein; and; 1.03 WHEREAS, NNI is capable of and desires to make the Program specifically available to Riverside and its residents on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: PART 11: SERVICES 2.01. Services Provided by NNI. NNI, through its employees, agents and/or subsidiaries, agrees to provide the services of the Program to eligible residents of Riverside in accordance with the following process: a. Each resident of Riverside wanting to receive the services the Program has to offer ("Applicant") will be required to submit an application to NNI for review which shall include, among other things: (i) verification that the Applicants annual income does not exceed eighty percent (80%) of the area's median income; (ii) a copy of the General Warranty Deed or Deed of Trust by which the Applicant's ownership of the property in which they live can be verified; (iii) the Applicant's attestation that he and/or she does not own other income producing property(iii) evidence that the Applicant has paid all real property taxes due for the most recently completed calendar year. A copy of the application and the Community Development Block Grant ("CDBG") income guidelines which will be used to determine income eligibility are attached hereto as Exhibit A and Exhi it B respectively and are incorporated by reference; b. Upon NNI's determination that the Applicant is eligible for the services of the Program, an NNI representative will conduct a survey of the Applicants property during which the initial request for Program services will be verified, the need for additional home repair services, if any, will be determined and, if permitted, a needs assessment conducted to determine the extent that there are any additional economic or sociological needs that can be met through referrals to appropriate social service agencies; c. Upon NNI's completion of the review process the Applicant will be sent written notification of their application's approval or denial and in the case of a denial the reasons for that denial; d. For those applications that are approved the Applicant will be required to enter into a Homeowner's Participation Agreement with NNI prior to the commencement of any work whereby the Applicant: (i) warrants ownership of the residence; (ii) agrees to provide needed access to the residence; (iii) agrees to accept the work as agreed upon and waives any right of action against NNI; and (iv) is immunized against any potential action by the contractor for non-payment. NNI will solicit bids from the contractors that are capable and qualified to provide those services necessary to the completion of the work specified ("Project"). Each contractor utilized by NNI in the delivery of Program services shall: (i) have an occupational license issued by the City of Kansas City, Missouri; (ii) obtain and maintain comprehensive general liability insurance coverage for itself and any employees or subcontractors providing Program services; and (iii) shall have entered into a Repair and Maintenance Agreement with NNI for the provision of Program services; e. Repairs or replacements will be limited, for any combination of the following, to a maximum of Five Thousand and no/100 dollars per Project to provide heating and cooling, siding, windows, electrical, flatwork (concrete), plumbing, exterior painting, bathroom fixture repairs, barrier removal or any other type of repair or replacement that is not considered essentially cosmetic and for which the Riverside resident has in all other respects been determined eligible; f. At the conclusion of each Project, a representative of NNI will conduct a final inspection to determine if the work has been performed in a satisfactory manner and in those instances where the work is either incomplete or substandard, payment to the contractor will be withheld until satisfactory performance has been obtained; and g. Once all work on each Project has been completed to NNI's complete satisfaction and all lien waivers required for the Project have been submitted the contractor will be paid. A minimum of fifteen (15) Projects shall be completed during the term of this Agreement. 2.02 Protect Documents. A copy of all documents that will be used in the process, including those that are specifically set forth in the preceding section are collectively attached hereto as Exhibit C and incorporated by reference. 2.03 Protect Quality and Oversiaht. NNI shall: (i) use reasonable efforts to obtain equipment, materials and services necessary to the performance of its obligations herein at the lowest cost attainable and to purchase such equipment, materials and services by means of a system of competitive bidding whenever required by law or whenever practical; and (ii) cooperate with all monitoring and evaluation activities conducted directly by or through contract with Riverside related to the Program described herein, including without limitation, providing full access to each Project site and its specific records. 2.04 Qualifications of NNI Contractors. Contractors providing services hereunder shall at all times, throughout the term of this Agreement, possess the skills and experience necessary to the proper delivery of the Program service(s) set forth and described herein. 2.05 Riverside Resuonsibflities. Riverside shall provide such resources (e.g. information and staff assistance) as are reasonably necessary to enable NNI to provide the required services in accordance with the terms and conditions herein. All costs related to the provision of such resources, if any, shall be home by Riverside. In addition, Riverside shall 2 C:\Documents and Seltings\bmiles\Local Settings\Tempomry Internet Files\OLKI5EWNI Contractdoc provide funding for the aforementioned services, the maximum of which shall be One Hundred Thousand and no/100 Dollars during the term of this Agreement which shall be generally allocated in the following manner: a. Seventy-five percent (75%) of the costs shall be assigned to what is commonly referred to as the "hard costs" or actual repair and/or construction costs for each Project; and b. Twenty-five percent (25%) of the costs shall be assigned to the administration of each Project and shall be recoverable by NNI. A maximum of Five Thousand and no/100 Dollars shall be made available for each Project, including "hard costs° and the associated administrative costs, unless the parties stipulate otherwise by prior written agreement. 2.06 Changes in Scooe of Program. Any change in the scope of services to be provided by NNI as part of the Program shall be evidenced by a written amendment to this Agreement. PART III: TERM AND TERMINATION 3.01 Term. This Agreement shall be for a term of one (1) year, commencing February 21, 2007 and ending on February 20th, 2008, unless earlier terminated in accordance with the terms and conditions herein. 3.02 Termination. This Agreement shall immediately and automatically terminate upon the occurrence of any of the following: a. The date upon which the parties have mutually agreed to terminate by written agreement; b. At the expiration of thirty (30) days when either party has given the other thirty (30) days prior written notice of that party's intent to terminate the Agreement; c. At the expiration of fifteen (15) days in the event of a material breach when the non breaching party has provided the breaching party fifteen (15) days prior written notice of the non-breaching party's intent to terminate the Agreement if the breach is not cured and the breaching party has failed to cure such breach; or d. At such time as NNI has been notified by Riverside that the resources Riverside dedicated or may dedicate to the Program during the term of this Agreement have been expended and will not be replenished. 3.03 Duties uaon Termination. Termination of this Agreement shall not release or discharge either party from any obligation, debt or liability which shall have previously accrued and remains to be performed on or after the date of termination. PART N: COMPENSATION 4.01 Comuensation to NNI. Riverside shall compensate NNI for all Program costs in accordance with the following: a. Upon the execution of this Agreement and at the start of each calendar quarter thereafter during the term of this Agreement, Riverside shall advance to NNI the 3 C:\D000ments and Settings\bmilesV.ocal Settings\Temporary Internet Files\OLKI5EWNI Contractdoc sum of Twenty-Five Thousand and no/100 Dollars ($25,000) for NNI's use in paying the costs of the Program; b. The total of all such advances during the term of this Agreement shall be a maximum of One Hundred Thousand and no/100 Dollars ($100,000); and c. At the expiration of the term of this Agreement and after all outstanding obligations related to the Program have been met, any monies remaining from the funds advanced to NNI during the term of this Agreement shall be returned to Riverside. 4.02 e rt At the conclusion of each quarter during the term of this Agreement NNI shall provide to Riverside a comprehensive report which shall include the following: (i) a quantitative description of the work performed (e.g. the number of Projects, the types of work performed and/or the types and locations of the Projects completed; (ii) a realistic evaluation and comparison of NNI's performance as measured against the objectives set forth in this Agreement; (iii) a reconciliation between the amount of money advanced by Riverside and the amount of money expended by NNI in furtherance of the Program's objectives. The final report shall include, in addition to the foregoing, recommendations for improvement and/or adjustments in strategy that should or might be undertaken in the future in order to maximize the Program's effectiveness for the residents of Riverside. PART V• GENERAL PROVISIONS 5.01 Independent Contractor. The parties expressly acknowledge and agree that at all times during the term of this Agreement NNI shall be an independent contractor with respect to Riverside and not an employee or partner of Riverside. Riverside shall neither have nor exercise control, direction or supervision over the professional judgment, manner or methods by which NNI or its personnel render services hereunder. 5.02 Indemnification. Each party shall indemnify, defend and hold the other and its employees, agents and affiliates harmless from and against any claim, suit, demand, liability, cause of action, damage or cost (including reasonable attorneys' fees) arising out of or from the negligent or intentional acts or omissions of the indemnifying party or its personnel. 5.03 Insurance. NNI agrees to obtain and maintain comprehensive general liability insurance coverage for itself and any employees providing services hereunder with minimum limits of at least One Million and NO/100 DOllars ($1,000,000) per occurrence and Two Million and N0I100 Dollars ($2,000,000) annual aggregate. Upon request, NNI shall provide to Riverside evidence of compliance with this requirement. In addition, and upon request, NNI shall provide to Riverside evidence of insurance on the part of any of the contractors or subcontractors providing Program Services to the residents of Riverside. 5.04 Confidentiality. The parties hereto shall maintain the contents of this Agreement, and any exhibits or schedules, and other arrangements executed pursuant to this Agreement, and the negotiations related thereto as confidential matters to be shared only between the parties and those whose knowledge hereof is essential to the performance of this agreement or the management of the parties' business affairs. Nothing contained in this Agreement shall prohibit the parties from disclosing the substance of the terms and conditions herein should such disclosure be required to enforce the terms of this Agreement or to respond to respond to inquiries from taxing or other governmental authorities. Should either party receive notification of an audit or investigation by any governmental entity regarding services provided pursuant to this Agreement, said party shall inform the other party and, to the extent not prohibited by law or other legal obligation, share fully with the other party the nature of the audit or investigation and any response thereto. 4 C:\Documents and Seitings\bmiles\Local Settings\Temporery Internet Files\OLK75EWNI ContrecLdoc PART VI: MISCELLANEOUS 6.01 Assignment. Neither party shall assign this Agreement to any third party without the prior written consent of the other party; such consent shall not be unreasonably withheld. 6.02 Severobllity and Intsrprotation. If any one or more of the provisions of this Agreement are held to be invalid by any court of competent jurisdiction or are voided or nullified for any reason, then each such provision shall be interpreted to the fullest extent possible so as to be valid and effective, the remaining provisions and paragraphs shall continue in full force and effect, and this Agreement as so construed shall be binding on the parties so as to carry out the intent and purposes of the parties as nearly as possible. 6.03 Amendments. The terms and conditions of this Agreement may be amended only by mutual written agreement of the parties hereto. 13.04 Notice. Any notice required or implied by this Agreement shall be sufficient if given by personal delivery, certified mail, return receipt requested or facsimile to the persons and at the addresses listed below or such other persons and addresses as shall be communicated to the other party by the party to whom notice is intended to be given: If intended for NNI: Northland Neighborhoods, Inc. Attn.: James Cianciaruso Director of Planning & Development 5312 NE Chouteau Trafficway Kansas City, Missouri 64119 If intended for Riverside: The City of Riverside Attn.: David Blackburn City Administrator 2950 NW Vivion Road Riverside, Missouri 64150 6.05 Meurer and interpretation. This Agreement constitutes and expresses the entire agreement of the parties and supercedes all prior agreements and understandings, whether written or oral, between the parties. 6.06 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 6.07 Captions. The captions or headings in this Agreement are inserted herein for convenience of reference only and shall not be construed as describing, defining or limiting the scope or intent of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have hereby cause this Agreement to be executed by their duly authorized representatives.as of the day and year first set forth above. NNI DEVELOPMENT, LLC THE CITY OF RNERSIDE By: , ~ By: J es D. Rice Executive Director 5 C:1Documents and Settlngslbmiles\Local Settings\Temporary Internet Filesl0l.K15EWNi Contract.doc FJCHIBIT A Northland Neighborhoods, Inc. Minor Home Repair Program Application 6 C:\Documents and Settings\bmiles\Local Settings\Temporary Internet Files\OLK15f=1NNl Contract.doc Exhi it B Income Guidelines 7 C:\Documents and SettingsUxniles\Local Settings\Temporary Internet Files\OLK75EWNI ContracLdoc hEx ibtt C Project Documents: Homeowner's Participation Agreement Repair and Maintenance Agreement Waiver and release of Construction Lien C:\Documents and Settings1bm11esU.ocal Settings\Temporary Internet Files\OLK15f_UJNI Contract.doc WANER AND RELEASE OF CONSTRUCTION LIEN (NNI Minor Home Repair Program) Project No. Site Address Homeowner(s): The undersigned Contractor, in consideration of a check in the amount of $ the receipt of which is specifically acknowledged, does hereby irrevocably waive and release any and all claims and lien and bond rights for and in connection with the above- described project, including, but not limited to, those for labor performed and materials fumished in connection with this project. The undersigned acknowledges that this release and the payment of the said funds shall not be construed in any way to affect or impair any obligation of the undersigned for or in relation to work performed or materials furnished or installed and, specifically, shall not alter or affect the warranty and/or guaranty obligations of the undersigned. The undersigned has executed this waiver voluntarily and with full knowledge all available rights under the laws of the State of Missouri. CONTRACTOR By: (Name/Title) Subscribed and sworn to me on this _ day of , 2007. Seal: My commission expires: Notary Public: 9 C:\Documents and SeltingslbmilesU.ocal Settings\Temporary Internet Files\OLK15f1WNl Contrad.doc HOMEOWNER'S PARTICIPATION AGREEMENT (NNI Minor Home Repair Program) THIS HOMEOWNER'S PARTICIPATION AGREEMENT ("Agreement") is entered into this day of , 2007, by and between Northland Neighborhoods, Inc., a Missouri nonprofit corporation (hereinafter referred to as "NNI") and (hereinafter singularly or collectively referred to as "Homeowner") whereby Homeowner, who has completed, signed and submitted a Minor Home Repair Program Application (hereinafter referred to as "Application") for the purpose of participating in a Minor Home Repair Program(s) (hereinafter singularly or collectively referred to as the "Program") offered or administered by NNI. Homeowner acknowledges that he or she is completing, signing and submitting an Application to NNI in order to receive certain construction, repair and/or maintenance services provided through the Program on behalf of NNI. WITNESSETH: WHEREAS, NNI operates the Program by which eligible homeowners in the NNI service area may apply for assistance in repairing and/or maintaining their property; WHEREAS, NNI contracts with home repair and other contractors, as needed, to directly provide such services to those eligible homeowners that have applied for assistance and been selected as recipients: and WHEREAS, Homeowner may be selected as a participant in the Program and, as a condition of participation, agrees to be bound by the terms and conditions herein. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 7. Proiect. The Project, as herein defined, is the total construction, repair and/or maintenance services to be performed by a contractor selected by NNI or the Homeowner (hereinafter referred to as "Contractor'.') and/or its subcontractors at the location (hereinafter referred to as "Site") specifically set forth in Homeowner's Application submitted to NNI. If NNI determines, at its sole discretion, that the Homeowner is eligible for the Program, the scope of work for the services undertaken by the Program will be limited to those expressly set forth in the Homeowner Notice of Minor Home Repair Program Eligibility letter that NNI will send to the Homeowner and the Contractor's Bid Form for the Project. 2. Warranty of Ownership. Homeowner represents and warrants that he, she or they are the rightful owner(s) and resident(s) of the property located at , specifically referred to in Homeowner's Application, and it is at this location that the work is to be performed. 3. Access. Homeowner agrees to provide access to the Site to Contractor and duly authorized representatives of NNI at such times as are reasonably required for the purposes of Contractor and/or its subcontractors completing all work related to the Project and, on the part of NNI, inspecting and monitoring the progress and subsequent completion of the Project. "Inspecting" and/or "monitoring" as the terms are used herein refer only to those NNI activities related to the Project and are not meant to be construed as warranties, either implied or express, or serve any purpose other than those specifically set forth in this provision. 4. Acceptance of Work and Indemnity. Homeowner hereby agrees to accept all construction, repair and/or maintenance work of any kind deemed necessary by NNI and as a condition of participation and further agrees to forever waive any and all rights that Homeowner might otherwise have to bring any kind of legal action against NNI during the course of any 10 C:\Documents and Settings\bmiles\Lacal Settings\Temporery Internet Files\OLKI5EWN1 ContracLdoc construction, repair and/or maintenance work or thereafter and further agrees to forever hold harmless the officers, directors or employees of NNI from any and all claims related to work performed at the Site. Homeowner acknowledges and agrees that in the event that Homeowner, or any heirs, executors, personal representatives or assigns violates this provision, Homeowner or Homeowner's estate will be required to indemnify NNI for the full amount required to defend such claim. 5. Warranties Related to Work Performed. The contractor selected by NNI to perform the work at the Site has expressly warranted to NNI that the materials and equipment furnished under a separate agreement will be of good quality and new unless otherwise required or permitted by the terms of that agreement, that the work will be free from defects not inherent in the quality required or permitted, and that in atl other respects the work performed will conform to the requirements of the agreement. Work not conforming to the foregoing requirements, including substitutions not properly approved and authorized, may be considered defective. The contractor performing the work on this Project has expressly agreed that upon completion of the Project and receipt of final payment that this warranty shall immediately and automatically transfer to the Homeowner, along with all rights and remedies associated with such warranty. The Contractor has also agreed that all operating manuals, if applicable, which relate to the Project and any and all other applicable warranties, whether express or implied, as well as any limitations thereof, shall be communicated in writing to Homeowner. Upon completion of the Project, Homeowner agrees to look exclusively to the contractor for any information relating to or the performance of all applicable warranties. 6. No Riaht of Action Astainst Homeowner. Contractor shall have no remedy against Homeowner for any reason whatsoever related specifically to the work performed at the Site. Upon completion of the Project, and at Homeowner's written request, NNI shall provide Homeowner with copies of all duly executed lien waivers on behalf of the contractor and any subcontractors utilized by the contractor in completing the Project. 7. Confidential Information. By completing, signing and submitting a Minor Home Repair Program Application to NNI, Homeowner agrees to allow NNI to use that information contained and any other information that NNI receives from Homeowner or is developed from such information ("Confidential Information") for the purpose of evaluating Homeowner's eligibility to participate in the Program and, should applicant be selected for participatioh in the Program, for delivery of minor home repair services and for reporting the results to Program sponsors. NNI agrees to hold in confidence any and all Confidential Information received, and further agrees not to disclose Confidential Information to third parties except as provided for herein. Nothing in this Agreement shall be interpreted as placing any obligation of confidentiality and nondisclosure by NNI with respect to any information that: A. A Program sponsor requires as an express condition of NNI receiving funds for the Program or Homeowner's participation in the Program; B. Is in the public domain as of the effective date of this Agreement, or enters the public domain through no fault of NNI; C. Is known to NNI prior to execution of this Agreement and was not acquired, directly or indirectly, from Homeowner or from a third party under a continuing obligation of confidentiality; D. Has been received by NNI after disclosure under this Agreement from a third party who was not required to hold it in confidence or limit its use, and who did not acquire it, directly or indirectly, from Homeowner under a continuing obligation of confidentiality; E. Was independently developed by NNI personnel who had no material knowledge of any information provided by Homeowner, 11 C:\Documents and Settings\bmilesV..ocal Settings\Temporary Internet Files\OLKI5EWN1 Contract.doc F. Is permitted to be disclosed or used through Homeowner's express written consent or that of Homeowner's duly authorized representative; or G. Is required to be disclosed by law or court order. 8. Reaortina and Promotional Release Notwithstanding any provisions of Section 7 herein to the contrary Homeowner agrees to allow NNI to use the Homeowner's name and/or address for reporting and auditing purposes and photographs of the Site or Project for promotional purposes, without any cash consideration or payments, for so long as NNI, at its sole discretion, shall determine and hereby waives any rights that Homeowner might otherwise have to inspect and/or approve any of the aforementioned materials that may be produced or the use to which it may be applied. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 10. Condition Precedent. The execution of this Agreement is a condition precedent to Homeowner's participation in the Program. Homeowner's failure to timely execute this Agreement or Homeowner's subsequent breach of any of the material provisions herein may result in Homeowner being denied any further participation in the Program and any benefits resulting therefrom. IN WITNESS WHEREOF, the parties have hereby caused this Agreement to be executed as of the day and year first set forth above. NORTHLAND NEIGHBORHOODS, INC. HOMEOWNER sy: (Name) Home Repair Consultant (Signature) (Printed Name) (Signature) (Printed Name) 12 C:\Documerds and Settings\bmilesU.ocalSettings\Temporary Internet Files\OLKISEWNI Contract.doc REPAIR AND MAINTENANCE AGREEMENT (NNI Minor Home Repair Program) THIS REPAIR AND MAINTENANCE AGREEMENT ("Agreement') is entered into this _ day of , 2007, by and between Northland Neighborhoods, Inc., a Missouri nonprofit corporation (hereinafter referred to as "NNI") and . (hereinafter referred to as "Contractor") whereby Contractor shall provide construction, repair and/or maintenance services on behalf of NNI to successful applicants under any NNI minor home repair program ("Program"). WITNESSETH: WHEREAS, NNI operates the Program by which eligible homeowners in the NNI service area may apply for assistance in repairing and/or maintaining their property; WHEREAS, NNI contracts with home repair and other contractors, as needed, to directly provide such services to those eligible homeowners that have applied for assistance and been selected as recipients; and WHEREAS, Contractor desires to provide these services in accordance with the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. P ect. The Project, as herein defined, is the total construction, repair and/or maintenance services to be performed by the Contractor or its subcontractors at a particular location (hereinafter referred to as "Site") that are specifically referenced in the Contractor's Bid Form, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill Contractor's obligations. 2. Contract Documents. The following specific documents or information shall comprise, at a minimum the Contract Documents all of which shall be included as Exhibit A and incorporated by reference: a. Contractor's Bid Form for each Project which shall include, at a minimum, the following: 1) Identification of Property Owner; 2) Project or Site Address; 3) Scope of Work; 4) Approved Subcontractors, if any; 5) Estimated Start Date; 6) Estimated Time for Completion after Notice to Proceed Has Been Issued; 7) Applicable Warranties; and 8) Guaranteed Maximum Price. b. Notice to Proceed c. Contractor's Certificate of Insurance; d. Contractor's Occupational License -Kansas City, Missouri; e. Building Permit, if required -Kansas City, Missourh 13 C:\Documents and Settings\bmiles\Local Settings\Temporary Internet Files\OLK15EWNI Contract.doc Nottce of Substantial Completion; and g. Waiver(s) of Lien Rights. 3. Term and Termination. This Agreement shall be for a term of one year, commencing , 2006, with a final termination date of , 2007, unless earlier terminated in accordance with the terms and conditions herein. This Agreement shall immediately and automatically terminate on or upon the occurrence of any of the following: a. At the expiration of two (2) weeks when either party has given the other two (2) weeks prior written notice of that party's intent to terminate the Agreement; b. At the expiration of five (5) days in the event of a material breach, when the non-breaching party has provided the breaching party five (5) days prior written notice of the non-breaching party's intent to terminate the Agreement if the breach is not cured and the breaching party has failed to cure such breach; c. NNI's receipt of notification that Contractor has been listed by a federal or state agency as debarred, suspended or excluded from participation. 4. Duties tIDOn Termination of Agreement. Termination of this Agreement shall not release or discharge either party from any obligation, debt or liability which shall have previously accrued and remains to be performed on or after the date of termination. 5. Relatlonshio of the Parties. Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with NNI to utilize Contractor's best skill, efforts and judgment in furthering the interests of NNI and the owner of the property; to furnish efficient administration and supervision; to make best efforts at all times an adequate supply of workers and materials; and to perform the work specified in the best way and most expeditious and economical manner consistent with the interests of NNI and the owner of the property. NNI and the owner of the property agree to exercise their best efforts to enable the Contractor to perform the specified work in the best way and most expeditious manner by furnishing and approving in a timely manner information required by the Contractor, providing Contractor reasonable access to the property where the specified work is to be performed and making payment(s) to the Contractor in accordance with the terms of this Agreement. 6. Date of Commencement and Substantial Completion. The date of commencement shall be fixed in a Notice to Proceed issued by NNI for each Project. Contractor shall complete the work as specified in the Contractor's Bid Form and to the extent that the owner of the property can occupy or utilize Contractor's work for its intended use (hereinafter referred to as "Substantial Completion"). Contractor shall achieve Substantial Completion of the Project no later than once the Notice to Proceed has been issued. Once work is completed to NNI's satisfaction NNI shall issue a Notice of Substantial Completion to Contractor at which time Contractor may submit an Application for Final Payment for the work performed on that Project in accordance with the terms and conditions set forth herein. 7. Contract Sum. The sums due Contractor for the work to be performed under this Agreement is guaranteed not to exceed the sum set forth on the Contractor's Bid Form for that particular Project, subject to additions or deductions by Change Order as provided for herein (hereinafter referred to as the "Guaranteed Maximum Price"). Costs which would cause the Guaranteed Maximum Price to be exceeded without the prior written approval of NNI in the form of a Change Order shall be borne by the Contractor without reimbursement by NNI. 14 C:\Documents and SettingsUxnilesU.ocal Settings\Temporary Internet Files\OLKI5EWN1 Contractdoc 8. Award of Subcontracts. As soon as practicable after receiving a Notice to Proceed from NNI to perform the work specified on the Contractor's Bid Form for any given Project, Contractor shall furnish in writing to NNI the names of any subcontractors not previously furnished that Contractor intends to use in the performance of the work specified herein. Contractor acknowledges and agrees that any subcontractors used to perform the work specified herein shall be approved by NNI prior to the subcontractor(s) commencing work and shall be required to waive any and all lien rights at the conclusion of their work. 9. Chanoes in the Work. Any change in the Scope of Work for a particular Project shall be evidenced by a Change Order signed by the Contractor and NNI, stating their agreement on all of the following: a. A change in the work; b. The amount of the adjustment in the Guaranteed Maximum Price, if any; and c. The extent of the adjustment in the time allotted for completion of the job, if any. 10. Final Pavment. All payments for Project work shall be considered final in nature (hereinafter referred to as "Final Payment") and shall be payable only upon Contractor's presentation of a properly formatted and calculated Application for Final Payment or Invoice to NNI and its subsequent approval. It shall be a condition precedent to payment of any Application for Payment or Invoice submitted by Contractor, that Contractor shall certify that it is in compliance with, and not in breach or default of, all terms, covenants and conditions of this Agreement, including, but not limited to, certifying that any and all operating manuals, if applicable, and all applicable warranties have been transferred and expressly communicated to the owner(s) of the Property where the Project work was completed. 17. No Right of Action Against Prooertv Owner. Contractor specifically agrees that this Agreement is exclusively between the parties hereto and Contractor shall have no remedy against the property owner for any reason whatsoever related specifically to the work performed hereunder. Contractor further agrees to submit to NNI, with the Application for Final Payment, duly executed lien waivers on behalf of itself and any subcontractors which Contractor has utilized in completing Project for which Final Payment is being sought. 12. Use of Site. Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the Site with materials or equipment. 13. Cleaning Uo. Contractor shall keep the Site and surrounding area flee from accumulation of waste materials or rubbish caused by the work performed under this Agreement. At completion of the work specified herein, Contractor shall remove from and about the Site waste materials, rubbish, Contractor's tools, equipment and surplus materials. If Contractor fails to clean up the Site as herein prescribed, NNI may do so and charge the cost thereof to Contractor. 14. Environmental Hazards. Contractor agrees to perform the work of the Project in accordance with all rules, regulations and standards that are applicable to the Contractor in identifying and subsequently remediating any known environmental hazards. Contractor agrees to promptly notify NNI when Contractor identifies any environmental hazards either before or after commencing work on any Project. 15 C:1Documents and Settings\bmilesLLocal Settings\Temporery Internet Files\O1.K15EWNl Contract.doc 15. Warranty. Contractor warrants to NNI that the materials and equipment, if any, furnished under this Agreement will be of good quality and new unless otherwise required or permitted by the terms of this Agreement, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by NNI, Contractor shall furnish evidence as to the kind and quality of materials used in the performance of the work specified herein. Contractor specifically agrees that upon completion of any Project as described herein that this warranty shall automatically and immediately transfer to the owner(s) of the property where the work has been performed as well as all rights and remedies associated with such warranties. Contractor further agrees that all operating manuals, if applicable, which relate to the Project and any and all applicable warranties, whether express or implied, as well as any limitations thereof, shall be communicated in writing to the owner(s) of the Properly where the work has been performed and that all subsequent communications regarding such warranties shall be exclusively between the owner(s) of the Property and the Contractor. 16. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless NNI, its officers, employees and agents and the owner of the property where the work is to be performed from and against claims, damages, losses and expenses, including but limited to attorneys' fees, arising out of or resulting from performance of the work specified herein, but only to the extent caused in whole or in part by negligent or intentional acts or omissions of the Contractor, subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 17. Contractor's Liability Insurance. Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in Missouri such insurance as will protect Contractor from claims set forth below which may arise out of or result from Contractor's performance of the work specified herein for which Contractor may be liable, whether such work is performed by the Contractor or by a subcontractor or by anyone directly or indirectly employed by either: a. Claims under workers' compensation which are applicable to the work being performed; b. Claims for damages suffered because of bodily injury, whether suffered by Contractor's employees or others; and c. Claims for damages resulting from damage to personal property. 78. Participation in Governmental Programs. Contractor represents and warrants that neither Contractor nor any of its agents or employees providing services hereunder have been or are now listed by any federal or state agency or program as debarred, suspended or excluded. In the event Contractor is debarred, suspended or excluded from participation by any federal or state agency or program this Agreement will terminate immediately and automatically. In the event that Contractor is debarred, suspended or excluded and fails to notify NNI within three (3) business days after receiving notice of such debarment, suspension or exclusion agrees to indemnify and hold harmless NNI for any sancctions, penalties or fines NNI incurs as a result of either. (i) NNI entering into an agreement with Contractor; or (ii) Contractor failing to timely notify NNI of Contractor's debarment, suspension or exclusion. 19. No i e. Any notice required or implied by this Agreement shall be sufficient if given by personal delivery, certified mail, return receipt requested or facsimile to the F~cecutive Director, if sent to NNI and to the person at the address on the Contractor's Bid Form if sent to 16 C:\Documents and Settings~bmiles\Local Settings\Temporary Internet Files\OLKI5EWN1 Contract.doc Contractor. All notices are deemed effective on the date mailed, deposited with courier or personally delivered. 20. Govemina Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 21. Condition Precedent. The annual execution of this Agreement is a condition precedent to Contractor being identified as a preferred Contractor within the Program and thereafter being authorized to commence work on any Project. However, Contractor's execution of this Agreement does not, in and of itself, guarantee or otherwise assure the subsequent award of any .Project work to Contractor. NNI and/or the Homeowner exclusively reserve the right to select the Contractor(s) to pertorm work on any Project within the Program. Contractor's failure to timely execute this Agreement or Contractor's subsequent breach of any of the material provisions herein may result in Contractor being denied any further participation in the Program and any benefits resulting therefrom. 22. Miscellaneous. a. Waiver. The waiver by NNI of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor. b. Merger and Interpretation. This Agreement constitutes and expresses the entire agreement of the parties and supersedes all prior agreements and understandings, whether written or oral, between the parties. c. Amendment. The parties hereto acknowledge that this Agreement may be amended from time to time to include multiple Projects, provided that for each Project there is a Contractor's Bid Form and the issuance of a Notice to Proceed. Contractor acknowledges that each such submission of the Contractor's Bid Form for each and every Project constitutes an ongoing agreement to be bound by all applicable terms and conditions herein. All terms and conditions of this Agreement shall remain in effect and binding upon the respective parties for so long as any Project work remains incomplete. IN WITNESS WHEREOF, the parties have hereby caused this Agreement to be executed as of the day and year first set forth above. NORTHLAND NEIGHBORHOODS, INC. (CONTRACTOR) By: 17 By: C:\Documents and Settings\bmiles\Local Settings\Temporary Internet Files\OLKI5EWN1 Contract.doc RIVERSIDE HOME GRANT PROGRAM POLICIES AND PROCEDURES NORTHLAND NEIGHBORHOODS, INC. Riverside Home Repair Grant Program Overview The Riverside Home Repair Grant Program is a unique home repair process where the concept of a home extends well beyond any physical structure. The primary program objective is to empower individuals while addressing home repair needs in a holistic manner. This is done in the following ways: • Utilizing a "person centered" approach allows the individual to direct the process and thereby determine the level of self-responsibility taken for the situation. • Connect individuals to other resources and advocate on their behalf toward achieving their goals of increasing their quality of life. In addition to the above stated points, the program attempts to achieve long term sustainability through client contribution to their respective community or the program itself. This is done when the client, or someone on behalf of the client, donates time, goods, services, and/or money to their immediate community or the program. The Riverside Home Repair Grant Program acts as a home repair safety net provider for residents of Clay and Platte County. NNI conducts home repair projects in congruence with any municipal or county law/ordinance in which the repair project is located. The Northland Neighbors Inc.'s Director of Planning and Development will act as the Program Manager (PM) and govern the overall direction of the program. The PM will track all incoming requests and approved applications. Approved applications will be entered into a Master Database and reports will be generated on a monthly, quarterly, and annual basis to the Neighborhood Relations Committee. Further, reports will be generated for each grant fund as to the use of their donation. A. Custom Solutions Pro¢ram Guidelines • Applications (Appendix A) are sent to any resident of the City of Riverside provided the following criteria apply (a prescreening interview will be conducted over the phone or in person to verify information and determine initial eligibility): • This Grant is for residential homes or properties classified as "Real Properly" as categorized by the Department of Revenue only. Commercial structures, rental properties, modulaz unit/mobile homes and others are not eligible for the grant. • The case must fit the Custom Solutions profile by not fitting into an established NNI strategic home repair azea unless the case is allowed by the Neighborhood Solutions Committee. • The applicant must be under 80% of the Median Income determined by the CDBG Program Income Guidelines. This applies to all individuals over 18 years of age residing in the home. Applicants who aze above 80% of the Median Income will be approved an a case to case basis (Appendix B) • The applicant must be a resident of the City of Riverside. • The applicant must own and reside in the property in which they aze applying for a minimum of 2 years prior to the Grant Application. • Applicant(s) cannot own more than one property. • Applicant(s) cannot owe any back taxes. • Applicant(s) who have previously received Riverside Home Repair Grant Program monies in the previous yeaz may be eligible for future monies on a necessity basis dependent upon project description and need. • Emergency situations supersede other rehab situations (utilities shut off, sewage, pipe leakage) • Applicant(s) income must be documented and submitted for review. (A final/exact determination of their income will be made once the application materials have been received and reviewed by 1VN~. • The Homeowner must have proof of homeowners insurance and present all applicable information to the Project Manager for review. • Northland Neighborhoods Inc. will be required to obtain the necessary permits per Riverside Municipal Code, but all fees will be waived pursuant to this agreement. • Life Safety Issues are of highest importance to the City of Riverside and should be a determining factor in the Grant Application process. Methods to increase safety involving Life Safety (i.e. smoke detectors, means of egress, etc.) should be taken into consideration with each application. B. Annlication Process Applications are processed in the order they aze received. The following documents are needed to process an application: Home Ownership: • Missouri Warranty Deed or Deed of Trust (other documents may be approved at the discretion of NNI). • Additional copies or additional documents will be requested if there is question regazding ownership. • Completed application listing all individuals residing on the property (name, social security number, age, and birth date). Income Verification: • Copies of current income documents for all residents currently receiving an income: • Current check stub with the "current yeaz-to date" earnings listed • Social Security Statement • Child Support Statement • Pensions or other benefits • Previous year's income tax forms (self-employed applicants will need to submit the previous two years' forms) Income will be determined as follows: • Current income will be determined as an estimate of the year-end total. • Current income is projected over the entire tax year. For example, if a current check stub indicates that they have made $4.00 as of Apri130, 2005 their income for the yeaz would be totaled as follows: $4.00 divided by 4 months = $1 average x 12 months = $12.00 for the yeaz. • If they receive a pension, Social Security, or other sources of fixed income/continuous monthly benefit that is the same each month: multiply that amount by 12 months such as $2.00 per month x 12 months = $24.00 per yeaz (always include insurance or other deductions as their total; the total benefit is used to determine their income). • Income should be figured as whole dollazs. If a person has made $4.96 at the end of Apri12005, they will be figured on $5.00 as their income • Income is determined by the total gross taxable income. INCOME WILL BE CALCULATED AND RECORDED ON THE CASE PROFILE AND ON THE COVER SHEET FOR THE APPLICATION Tax Verification: A copy of the previous yeaz's County tax receipt 4 Applications received by NNI will be placed in a file folder and placed in the Custom Solutions Program Manager's file cabinet (the file cabinet will be locked to protect any information provided by the applicant). • A case profile will be placed in the file; the date received will be stamped on the application and recorded on the Case Profile • No personal information will be given to the general public. • For reporting purposes, aggregate information will be released to entities that fund the Program. No personal identifying factors will be used in reporting. In order for the application to be reviewed and either approved or denied, the applicants must: • Submit the above mentioned documents • Fall within the above stated guidelines • Provide income documentation that can be calculated to "less than 80% median income" within CDBG Program Income Guidelines for 2006 for Kansas City, Missouri. • Own and reside in the property in which they aze applying for assistance • A minimum of two bids from licensed and insured contractors must be obtained C. Case File A database is developed and maintained by the Program Manager to monitor each case that has been approved. The objective of the database is to track and report on variables deemed imperative by NNI or organizations to which NNI reports to. Approved applications will be documented on the spreadsheet utilizing a Case File Number. • .The Case File will include the following information: • Application (Appendix A) • Case Profile Sheet (Appendix C) -For each step there is a corresponding line item for the date that the item was completed • Home Repair Assessment (Appendix D) • Case Notes (Appendix E) • Home Owner Agreement (Appendix F) • Case Description (Appendix G) -This description allows NNI to display the need and the additional resources utilized to assist the applicant • Invoice (Appendix H) -This document details the costs associated with the project, client information, approach towazd contractor acquisition, and how the project approached lead or permits • Additional documents may be appendices depending upon the municipality or county where the project takes place • Approval Letter (Appendix n -The approval letter details how the applicant's income was determined and whether the applicant was approved or denied • Lien Waiver (Appendix ~ -The lien waiver is signed by the contractor and notarized by NNI to ensure that the contractor was paid in full for the project Case files will be stored in the Custom Solutions file cabinet in the NNI office • Bid Request Form (Appendix K) -Contractors aze given written requests to ensure communication lines are open • Notice to Proceed (Appendix L) -Contractors are given written notices as to when they can begin the project. The homeowner does not dictate this process and NNI will not pay a contractor unless NNI has given approval. The Notice to Proceed acts as the approval to do work. Files aze to be sorted in the following categories: Case Files will be stored in the Custom Solutions file cabinet in the N1vI office. Files are to be sorted in the following categories: 1) Pending 2) Approved 3) Completed 4) Rejected D.Snreadsheet An EXCEL Spreadsheet is developed by the Program Manager to monitor each case that has been approved. The following categories are utilized: • File Number • Applicant Name • Address • Income • Number of Persons in Household • Median Income Percentage • Ethnicity/Race • Neighborhood • Year Home was Built • Inspection Date • Code Violation Present/Type • Application Status • Steps • Funding Source/Amt • Leverage Source/Amt • Total Project Cost • Date Completed • Description/Additional Comments 6 E. Contractor Information 1~iNI maintains a database to track all contractor information related to the following: • Contractors must provide a) Workman's Compensation; b) General Liability, and c) Commercial Auto Liability Insurance • Insurance must be on a Certificate of Insurance • Copy of a current business license from the City of Riverside • All documents are kept in a "Contractor File" located at the NNI office. Current and past W-9 forms should be kept in the files as well F. Bids Bids can be received from contractors on the list maintained by NNI or from those that are not on the list. It is the homeowner's choice and, as long as the above-mentioned criteria apply, the contractor will be approved at the discretion of N1~iI. All bids must be on a bid form noting the following: • Outlining exactly what is to be completed as part of the repairs • A total bid price for the job is documented • Contractor's current name, address and phone number appeaz on the bid • Contractor has signed the bid • Homeowner's name and address appear on the bid G. Insuections Initial Inspection: The Program Manager will meet with the applicant to conduct an initial inspection: A review of the property is conducted to ensure the grant is being utilized for the maximum benefit of the owner and the property. If, upon inspection, other repairs are found to be more of a benefit (roof as opposed to painting) a recommendation is made to the homeowner to consider changing the focus of their bids. The Program Manager will review the homeowner's application and bids a second time and additional information will be requested if necessary. In addition to the requests for service, NNI determines if code violations exist and the possibility of connecting the applicant with social service resources. Final Inspection: • The work is reviewed by the Program Manager and the homeowner to ensure that the homeowner is satisfied • The homeowner signs the final inspection notice to verify that they are satisfied with the work and aze authorizing payment to the contractor for the completion of the work *If the homeowner is not satisfied with the world the contractor will be contacted and a meeting will be scheduled to review the work Invoices will not be approved or inspection reports signed until the homeowner(s) are satisfied. 7 It is important to note that once the work begins, the homeowner is in charge of overseeing the work Inspections by the Program Manager are conducted to ensure the work is being completed according to the bid and to the homeowner's satisfaction. H. Renortine N1~1I generates reports on a monthly, quarterly, and annual basis for the NNI Board and Funding Entities.