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Home My WebLink About5147 Contract Number. 5147 Vendor HOLLY RIDGE CENTER Subject: ASA -- Partnership for Children at Risk Department CDBG File Class LEG 12 -1 Begin Date 1/1/2012 End Date: 12/31/2013 Review Date Vault Date Comments- Amendment No 1 1/7/13 AMENDMENT AGENCY SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NAME Holly Ridge Center Partnership for Children at Risk PROJECT NUMBER 631219 AMENDMENT NUMBER 1 THIS AGREEMENT amends the Agency Service Agreement establishing the above Project by and between the City of Bremerton, hereinafter referred to as "City', and Holly Ridge Center, thereinafter referred to as "Agency" by which the Agency agrees to carry out the City's Community Development Block Grant Program IT IS MUTUALLY AGREED AS FOLLOWS ARTICLE II FINANCIAL CONDITIONS Delete Budget Summary Attachment A - "2012" Add Budget Summary Attachment "A" 20121212 City Agency Community Development Program Holly Ridge Center Marie Vila, Administrator Roxanne Bryson, Director City of Bremerton 5112 NW Taylor Rd 3456 th Street, Suite 600 Bremerton, WA 98310 Bremerton, WA 98337 THIS AMENDMENT constitutes the entire amendment to the agreement between the City and the Agency AGENCY I CITY OF BREMERTON, WASHINGTON Holly Ridge Center oxanne on, // Di ector Marie Vila, CDBG /HOME Program Administrator Date 2 — Patty Lent r L0 7 - City of Bremerton Date AV IJ�-- AGENCY Holly Ridge Center PROJECT Partnership for Children at Risk OLD Attachment A - 2012 - #631219 CITY COUNTY CDBG /HOME CDBG /HOME Other Source of PROJECT COSTS Total All Funds Funds Funds Funds PERSONNEL includes Managers $2,009001 1 1 $2,00900 Staff 1 $53,103001 $4,100001 1 $49,00300 Taxes and Benefits $11,74000 $77500 $11,740 AMOUNT $66 $4 875 00 $0 $61 SUPPLIES /EQUIPMENT includes Office Supplies Equipment/Adaptive and IPad $1,475 00 _$1,475 00 AMOUNT $1 $ $ $1 ADMINISTRATION includes Indirect I $8,000001 I $8,00000 Advertising 1 $100001 1 1 $10000 Audit 1 $220001 1 I $22000 Insurance /Bonds 1 $360001 1 1 $36000 Postage /Printing 1 $176001 1 1 $17600 Rent/Utilities/ Olympic College Rent 1 $9,000001 1 1 $9,00000 Communication 1 $380001 1 1 $38000 Training/Travel/Medical Bad Debt 1 $6,600001 1 1 $6,60000 Transportation $1,50000 $1,50000 AMOUNT $26 00 $ $ $26,33600 ACQUISITION COSTS includes 1 1 Acquisition MOUNT $ $ $ $ DEVELOPMENT SOFT COSTS includes Appraisal Design and A & E Processing/Settlement/financing Marketing Operating Reserve AMOUNT $ $ $ $ DEVELOPMENT HARD COSTS includes Clearance /Demolition Construction 1 Rehabilitation 1 Improvements AMOUNT $ $ $ $ OTHER COSTS includes ( 1 Childcare Slots $9,6251 $5,1251 1 $4,500 AMOUNT $9 $5 $4 TOTAL PROJECT COSTS $104,288 $10,000 $0 $94,288 AGENCY Holly Ridge Center PROJECT Partnership for Children at Risk NEW Attachment A - 20121212 - #631219 CITY COUNTY CDBG /HOME CDBG /HOME Other Source of PROJECT COSTS Total All Funds Funds Funds Funds PERSONNEL includes Managers $2,009001 1 1 $2,00900 Staff 1 $52,263001 $3,260001 1 $49,00300 Taxes and Benefits $11,580001 _ $615 00 $11,740 AMOUNT $65 $3 87500 $0 $61 SUPPLIES /EQUIPMENT includes Office Supplies Equipment/Adaptive and IPad $1,47500 $1,47500 AMOUNT $1 00 $ $ $1,47500 ADMINISTRATION includes Indirect I $8,000001 I ( $ 8,00000 Advertising $100001 1 ( $ 10000 Audit $220001 1 1 $22000 Insurance /Bonds $360001 1 1 $36000 Postage /Printing $176001 1 1 $17600 Rent/Utilities/ Olympic College Rent $9,000001 ( $9,00000 Communication $380001 1 ( $ 38000 Training/Travel/Medical Bad Debt $6,600001 ( $6,60000 Transportation $1,50000 $1,50000 AMOUNT - $ 26,336 - 00 $ $ $26,33600 ACQUISITION COSTS includes Acquisition _ _ AMOUNT $ $ $ $ DEVELOPMENT SOFT COSTS includes Appraisal Design and A & E Processing/Settlement/financing Marketing Operating Reserve AMOUNT $ $ $ $ DEVELOPMENT HARD COSTS includes Clearance /Demolition Construction Rehabilitation Improvements AMOUNT $ $ $ $ OTHER COSTS includes Childcare Slots $10,6251 $6,1251 1 $4,500 AMOUNT $10,625 $6,125 $4500 TOTAL PROJECT COSTS $104,288 $10,000 $0 $94,288 Contract Number Vendor• Sub�ect: Department: File Class Begin Date: End Date: Review Date. Vault Date: Comments 5147 HOLLY RIDGE CENTER ASA -- Partnership for Children at Risk CDBG LEG 12-1 1/1/2012 � 12/31/2012 �� AGENCY SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT AN AGREEMENT, by and between Crty of Bremerton heremafter refened to as "City" and, Holly Ridge Center, hereinafter referred to as "Agency" by which the Agency agrees to carry out spec�fic activ�ties under Crty of Bremerton's Commumty Development Block Grant Program and establ►shmg certam other terms and condrtions of operation IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES The Crty, as reciptent of a Community Development Block Grant (CDBG) from the Umted States Department of Housmg and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities spec�fically described m the appl�catton and summar�zed below A. General Statement Grant funds wdl be used to further efforts in community collaboration with Olymp�c College Ch►Id Development Center by purchasmg 20 childcare s/ots for chddren (birth to three) w�th spec�al needs and providing chddcare staff w�th menta! hea/th/behawora/ se�vrces and train�ng for ch�ldren at nsk of expu/s►on or in danger of hurt�ng other chddren In con�unction with program, Holly R�dge wdl be prowding a learning all►ance for students work►ng towards theirAA degrees m Early Chddhood Education � � Provide childcare slots for 20 at risk chddren, 20 Kitsap residents, and 55% Bremerton residents 2 Provide 55 hours of commuity awareness/outreach activities and consultat�on with SBCDC staff 3 Provide mental/behavioral health consultants and intervention for 8 SBCDC children 4 Provide at least 500 hours of case management/famdy resources coordination to enrolled chddren/families 5 Provide traming to OC SBCDC providers and to 20 Holly Ridge famdies g Transition 8 chddren to public school Track short and long term successes through the following measureabie outcomes • 100% of parents and caregivers increase their abdity to use positive discipline techniques 7 • 30% of parents and caregivers increase access to chddcare from all OC collaborative svcs • 90% of parents and caregivers wdf demonstrate increased empathy concerning their chiid's sociai-emotional needs and strengthen their abdity to implement nurtunng responses • 900% of arents and care ivers w�ll demonstrate �ncreased knowled e of chdd develo ment Maintam required records and track relevant data to demonstrate CDBG program successes, 8 including number of unduplicated clients served, separating the counts befinreen the City and the Count , mcludin race and ethrncit g Subm�t quarterly reports and b�llmg vouchers �n a timely manner 10 Submit photos (JPEG) of the program in action with your final quarterly report 11 Seek improvements to overall operations L�+� c v ��y SECTION 2. PROJECT DESCRIPTION Tvne of Proiect Partnersh�p for Children at R�sk Funded Amount $10,000 Action Plan Year: 2012 Proiect Location Service Area Bremerton, WA Bremerton / Kitsap County Object of Activity: Surtable Livmg Environment Action Description Code: OSL Outcome: Availability / Access�bilrty National Objective: LMC Basic Eligible Activity (24 CFR 570.201(e) Public Services SECTION 3. TERM OF AGREE1VVdEENT The term of th�s Agreement is January 1, 2012 through December 31, 2012 Should add�tional time for auditmg this proJect be required, in accordance w�th law, this Agreement shall be deemed automatically extended unt�l such ttme as the sa�d audrt shall be completed In any event, the term of this Agreement shall cover the per�od that the Agency has control over Commumty Development Block Grant funds, mcludmg program mcome SECTION 4. PROGRAM REPORTING The Agency shall submit such reports as requtred by the Crty to meet its local obligat�ons and rts obligation to the Department of Housing and Urban Development The Crty w�ll prescribe the report format, as well as the time and locat�on for subm�ssion of such reports Required reports included but are not limrted to the follow�ng• (A) Quarterly reports wh�ch shall mclude the progress made to date, or�ustification for lack of progress, in providmg the services specified m Article I, Sect�on 1 Scope of Services, of this Agreement according to the schedule for completion m Article 1 Section 3 Schedule for Completion of this Agreement �B) (C) (D) Quarterly reports on demographic, ne�ghborhood res�dence, and mcome mformat�on regardmg persons assisted by the Agency through th�s Agreement Semi-Annual budget reconciliation which will compare your approved budget with actuals for year-to- date Close out reports mclud�ng a final performance report, inventory of all property acquired or improved with CDBG funds, and final financ�al report, upon terminat�on or complet�on of the award ARTICLE II. FINANCIAL CONDITIONS SECTION 1. BUDGET AND COMPENSATION The C�ty shall reimburse the Agency �ts allowable costs for the services ident�fied in th�s Agreement not to exceed Ten Thousand Dollars ($10,000.00) upon presentation of a properly executed mvoice m a form approved by the C�ty. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs �dentified in the Agency's application and � approved by the City unless any or all such costs are d�sallowed by the State of Washington or the United States. Any retmbursements made under this Agreement must comply with the applicable requirements of 24 CFR Part SS The Agency may not request disbursement of funds under this Agreement unt�l the funds are needed for payment of eligible costs The amount of each request must be l�m�ted to the amount needed Budget Summarv See Attachment `A' for Budget Summary T�me of Pa ment: Payment shall be made upon rece�pt of re�mbursement request voucher mailed to CDBG Office, City of Bremerton Department of Community, 345 6 Street Suite 600, Bremerton, WA 98337-1869. Where Pavments Are Made. Payments shall be made to Holly Ridge Center, 5112 NW Taylor Rd, Bremerton, WA 98312 The Agency shall apply the funds recetved from the City under this Agreement m accordance wrth the Budget Summary outlmed m Attachment A Any lme-item expense, by itself or m combmat�on with other line �tem expense change, eyual to or greater than 10% of the total budget amount over the life of the Agreement shall require a formal amendment to the Agreement Any request for a lme-item expense, by itself or m combmation with other line item expense change, eyual to or less than 10% of the total budget amount shall be submitted m writmg and shall specifically state the reasons for the requested increase and a �ust�fication for the correspondmg decrease m other line-item(s) All budget revtsion and/or amendment requests w�ll be reviewed and approved or demed by the City SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING Ali costs shall be supported by properly executed payrolls, time records, mvoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertammg in whole or in part to this Agreement shall be clearly �dentified and readily accessible, and upon reasonable notice, the City and Umted States shall have the right to aud�t the records of the Agency as they relate to the work. The Agency shall also (A) Mamtain an effective system of mternal fiscal control and accountabilrty for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for authonzed purposes (B) Keep a contmuing record of all disbursements by date, check number, amount, vendor, description of items purchased and lme rtem from which money was expended, as reflected m the Agency's accountmg records The lme rtem notations must be substant�ated by a receipt, mvoice marked "Paid," or payroll record. (C) Maintam payroll and financial records for a period of s�x (6) years after receipt of final payment under this Agreement provided that th�s program has been momtored by HUD and the annual State audit (which included the CDBG Program), has been completed. fc3 (D) Permrt inspection and audit of rts records wrth respect to all matters authonzed by this Agreement by representatives of the C�ty the State Audrtor or the Umted States at nay time during normal business hours and as often as necessary (E) Inform the Crty concerning any funds allocated to the Agency, that the Agency anticipates will not be expended durmg the Agreement penod, and permrt reassignment of the same by the City to other agencies (F) Repay to the City any funds in its possess�on at the time of term�nat�on of this Agreement that may be due to the City or the Umted States (G) Mamtam complete records concernmg the rece�pt and use of all program mcome Program mcome shall be reported on a monthly basis on forms provided by the C�ty SECTION 3. REIMBiTRSEMENT The C�ty shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed mvoice m a form approved by the C�ty Only those allowable costs directly related to the Agency's app(ication, approved by the City shall be paid consistent wrth Article II Section 2 Documentation of Costs and Other Financial Reportmg The Amount of each request must be lim�ted to the amount needed for payment of eligible costs Notwithstandmg any other provisions m th�s section, reimbursement for construct�on contracts shall have ten percent (10%) of the payment retamed until close out of funds pursuant to Art�cle IV, Section 12 of th�s Agreement In the event the Crty or Unrted States determmes any funds were expended by the Agency for unauthonzed or inel�gible purposes or the expenditures constrtute d�sallowed costs m any other way, the Crty or Umted States may order repayment of the same. The Agency shall remit the disallowed amount to the Crty w�th�n thirty (30) days of written notification of the disallowance (A) The Agency agrees that funds determined by the C�ty to be surplus upon completion of the Agreement will be sub�ect to cancellation by the C�ty (B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any CDBG funds on hand at the time of expirat�on and any accounts receivable attributable to the use of CDBG funds (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) The Crty reserves the right to withhold payments pend�ng timely deltvery of program reports or documents as may be requ�red under this Agreement SECTION 4. PROGRAM INCOME Use of any program income received by the Agency wtth CDBG funds under th�s Agreement shall comply w�th 24 CFR 570.504(c), cons�stent with the provisions described as follows Th�s proJect w�ll not generate any program income. n � If authorized above, program mcome generated from the use of CDBG funds that is allowed to be retamed by the Agency w�ll be considered additional CDBG funds, sub�ect to all cond�tions applicable to the use of funds described m this Agreement All program mcome shall be substant�ally disbursed for eligible activities before addit�onal requests for re�mbursement are made to the City Program tncome not used in this manner shall be returned to the City Complete records shall be mamtained on the rece�pt and use of all program mcome Any program mcome on hand when thts Agreement �s terminated, or received after such termmation, shall be reimbursed to the City ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE All Agenc�es providmg direct benefit services shall prov�de such services to benefit very low and low mcome persons to the maximum extent feasible (but not less than 51%) Individual persons or families provided a specific direct benefit or serv�ce must qualify under Federal Section 8 mcome limits as established by HUD. Any deviation can be made only if �t is clear that the serv�ce or benefit, to a person who mcome exceeds very low and low income persons, �s otherwise necessary as an mtegral part of the activrty The Agency shall maintam records that clearly document the income range and households size of the persons �t serves Furthermore, the Agency shall mamtam records documentmg if the person being served is a female head of household, is handicapped, and/or is an ethmc/rac�al minority SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS (A) Agenc�es which are governmental ent�ties (mcludmg public agenc�es), shall comply with the requ�rements and standards of OMB Circular No A-87, "Prmciples for Determmmg Costs applicable to Grants and Contracts wrth State, Local and Federally recogmzed Indian Tribal Governments" OMB Circular A-133, "Audrts of State and Local Governments" (implemented at 24 CFR Part 84) and w�th the followmg sections of 24 CFR Part 85 "Uniform Admmistrative Requirements for Grants and Cooperat�ve Agreements to State and Local Governments" (1) Sect�on 85 3, "Defimtions", (2) Section 85 6, "Exceptions", (3) Section 85 12, Special grant or subgrant conditions for "high-r�sks' grantees", (4) Section 85 20, "Standards for financtal management system," except paragraph (a), (5) Sect�on 85 21, "Payment", except as modified by part 570 513, (6) Section 85 22, "Allowable costs", (7) Section 85 26, "Non-federal audits", (8) Section 85 32, "Equipment", except m all cases m which the equipment is sold, the proceeds shall be program mcome; (9) Section 85 33, "Supplies", 5 (10) Sectton 85.34, "Copyrights"; (11) Section 85 35, "Subawards to debaned and suspended parties"; (12) Section 85.36, "Procurement", except paragraph (a), ( l 3) Section 85 37, "Subgrants ", (14) Section 85 40, "Monitonng and reportmg program performance ", except paragraphs (b) through (d) and ( fl, (15) Section 85 41, "Financial report�ng ", except paragraphs (a), (b), and (e) , (16) Section 85 42, "Retention and access requirements for records", except that the per�od shall be four (4) years, (17) Section 85 43, "Enforcement", (18) Section 85 44, "Termmation for convemence", (19) Section 85 51, "Later disallowances and ad�ustment", and (20) Section 85 52, "Collection of amounts due" (B) Agencies, except Agencies which are governmental entrties, shall compiy with the requ�rements and standards of OMB Circular No A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular No A-21, "Cost Prmciples for Educational Institutions, as applicable, and OMB Circular A- 133 "Audrts of Institut�ons of Higher Educat�on and Other Nonprofit Institutions" (as set forth m 24 CFR part 45) Audits shall be conducted annually Such agencies shall also comply with the followmg provisions of the Uniform Admmistrative requirements of OMB Circular No A-110 (implemented at 24 CFR part 84, "Umform Admm�strative Requirements for Grants and Agreements w�th Inst�tutions of Higher Educat�on, Hospitals or Other Non-Profit Organizations") or the related CDBG provtsion, as specified below (1) Subpart A, - "General", (2) Subpart B, -"Pre-Award Requirements," except for § 84 12, "Forms for Applymg for Federal Assistance", (3) Subpart C-"Post-Award Requirements," except for (i) Section 84 22, "Payment Requirements," Grantees shall follow the standards of §§85 20(b)(7) and 85 21 m makmg payments to subrecipients, (ii) Section 84 23, "cost shanng and Matchmg" (�u) Section 84 24, "Program Income." In lieu of §84.24, CDBG subrecipients shall follow §570.504; (iv) Section 84.25, "Revision of Budget and Program Plans". (v) Section 84.32, "Real Property." In l�eu of §84.32, CDBG subrecipients shall follow §570.505, 0 (v�) Sect�on 84 34(g), "Equipment " In lieu of the disposition provisions of §84.34(g), the following applies. (A) In all cases in wh�ch equipment is sold, the proceeds shall be program mcome (prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and (B) Equ�pment not needed by the subrecipient for CDBG actrv�ties shall be transferred to the rec�pient for the CDBG program or shall be retamed after compensatmg the recipient, (vii) Section 84 51 (b), (c), (d), (e), (�, (g), and (h), "Momtormg and reporting Program Performance", (viii) Section 84 52, "Financial Reporting"; (ix) Section 84 53(b), "Retention and access requ�rements for records " Section 84.53(b) applies with the followmg exceptions (A) The retent�on penod referenced in §84 53(b) pertammg to md�vidual CDBG activities shall be four years, and (B) The retention period starts from the date of submission of the annual performance and evaluation report, as prescr�bed m 24 CFR 91.520, m which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award, (x) Section 84 61, "Terminatton " In lieu of the provis�ons of §84 61, CDBG subrec�p�ents shall comply with §570 503(b)(7), and (xi) Subpart D-"After-the Award Requ�rements," except for §84 71, "Close-out Procedures" SECTION 3. SEPARATION OF CHURCH AND STATE In addition to, and not m substitution for, other provis�ons of th►s Agreement regardmg the provtsion of services utilizing CDBG funds the Agency agrees that, m connection wrth such services (A) It will not discr�m�nate against any employee or applicant for employment on the basis of religion and will not limit such services or give preference to persons on the basis of religion, (B) It will not d�scrimmate agamst any person applymg for such public services on the basis of rel�g�on and w�ll not l�mrt such services or g�ve preference to persons on the basts of religion, (C) It will provide no religious instruction or counseltng, conduct no religious worship or services, engage m no religious proselytizing, and exert no other rel�gious mfluence m the provision of such serv�ces, (D) The portion of a facility used to provide serv�ces assisted m whole or in part under this Agreement shall contam no sectarian or religious symbols or decorations while it is bemg used to provide CDBG funded serv�ces SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discnminated agamst on the basis of race, color, religion, sex, or nat�onal ongm in all phases of employment during the performance of Federal or federally assisted construct�on contracts The Agency shall take affirmative action to ensure fair treatment in employment, upgradmg, demotion, or transfer, recru�tment or recru�tment advertising, layoff or termmation, rates of pay, or other forms of compensation and select�on for traimng and 7 apprent�ceship. Specifically, the Agency shall ensure that provisions as follows are included in all construction contracts awarded in ezcess of $10,000 and monitor compliance: (A) The Contractor will, m all solicrtations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified appl�cants will receive consideration for employment without regard to race, color, religion, sex, or nat�onal or�gm. (B) The Contractor will send to each labor union or representative of workers wrth whtch he had a collect�ve bargaining agreement or other contract or understandmg, a not�ce to be provided by the agency contractmg officer, advismg the labor umon of workers' representat�ve of the contractor's commrtments under Sect�on 202 of Execut�ve Order 11246 of September 24, 1965, and shall post copies of the notice m conspicuous places available to employees and applicants for employment (C) The Contractor will furnish all mformation and reports requ�red by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will perm�t access to his books, records, and accounts by the contractmg agency and the Secretary of Labor for purposes of investigation to ascertam compliance with such rules, regulations, and orders (D) In the event of the Contractor's noncompliance wrth the nondiscrimmat�on clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, termmated or suspended m whole or in part and the Contractor may be declared mei�g�ble for further Government contracts m accordance wrth procedures authonzed 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 otherw�se prov�ded by law (E) The Contractor will mclude the provisions of this Sectton (Article III (4)) in every subcontract or purchase order unless exempted by rules, regulat�ons, or orders of the Secretary of Labor �ssued pursuant to Section 204 of execut�ve Order 11246 of September 24, 1965, so that such provis�ons will be binding upon each subcontractor or vendor The Contractor will take such action w�th respect to any subcontract or purchase order as may be d�rected by the Secretary of Labor as a means of enforcmg such prov�sions includmg sanctions for noncompl�ance, provided, however, that in the event the Contractor becomes mvolved tn, or is threatened w�th, lit�gation w�th a subcontractor or vendor as a result of such direction, the Contractor may request the Unrted States to enter into such litigation to protect the mterests of the Umted States SECTION 5. LOCAL ENdPLOYMENT AND PURCHASING Fundmg under this agreement is sub�ect to the requirements of Section 3 of the Housmg and Urban Development Act of 1968, as amended, 12 USC 1701 u the Agency agrees to comply with provisions of said Sect�on 3 and the regulat�ons issued pursuant thereto by the Secretary of Housmg and Urban Development set forth m 24 CFR Part 135, and all applicable rules and orders of the Department of Housmg and Urban Development �ssued there under The Agency agrees that they are under no contractual or other disabil�ty which would prevent them from complymg with these requirements Section 3 requires that to the greatest extent feasible, opportunrttes for traming and employment be given to lower mcome residents of the pro�ect area and agreements for work in connection w�th the pro�ect be awarded to busmess concerns which are located m or owned in substant�al part by persons residtng m, the area of the pro�ect Section 3 applies to traimng, employment, contractmg and other economic opportunities arismg m connection with the expenditure of housing assistance and community development ass�stance that is used 8 for the followmg pro�ects• 1 Housmg rehabilitation (includmg reduction and abatement of lead based paint hazards, but excludmg routme maintenance repair and replacement), 2. Housing construction, and 3 other public construction SECTION 6. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or its designees or agents, no member of the governing body of the localrty m which the program is situated, and no other public official of such local�ty or local�ties who exercises any function or responsibilities w�th respect to the program durmg his tenure or for one year thereafter, shall have any interest, direct or ind�rect, in this Agreement or any Subagreement, hereto or the proceeds thereof The Agency shall take appropriate steps to assure compliance including incorporation of the following provision in every Subcontract• The Contractor covenants that no person who presently exercises any functions or responsibil�ttes m connect�on w�th the City of Bremerton CDBG Program will obtain a personal or financial mterest from the CDBG ass�sted activrty The Contractor further covenants that he/she presently has no mterest m, nor shall he/she acqu�re any mterest, direct or indirect, either for themselves or those wrth whom they have busmess, or family, which would conflict m any manner or degree w�th the performance of his/her services hereunder The contractor further covenants that m the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be d�sclosed to the Agency and the City 5ECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING The Agency shall comply wrth the requirements relating to d�splacement, relocat�on, acqu�s�tion and replacement of housmg (24 CFR Part 570 606) D�splacement of persons (families, individuals, busmesses, non-profit organizations and farms) as a result of activit�es ass�sted w�th CDBG funds is generally discouraged and tn all mstances must receive prior written approval from the City SECTION 8. DAVIS BACON AND RELATED ACTS The Agency shall comply with the requirements of the Davis-Bacon and Related Acts (DBRA) as outlmed m 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and mvolves the employment of laborers and/or mechamcs to perform the work SECTION 9. LEAD BASED PAINT The Agency shall comply w�th HUD Lead-Based Regulations (24 CFR Part 35 et al) issued in the Federal Register, September 15, 1999 which require elimmation, as far as practical, of �mmediate hazards, due to the presence of pamt in resident�al structures which may contam lead to which children under seven years of age may be exposed SECTION 10. DISCRIMINATION PROHIBITED (A) The Agency shall not, on the grounds of race, color, sex, rel�gion, national origin, creed, marital status, or age• � (l) Deny a qual�fied ind�vidual any facilities, financial aid, services or other benefits provided under this Agreement; (2) Provide any fac�lities, serv�ces, financial aid, or other benefits which are different, or are prov�ded �n a different manner, from those prov�ded to others under th�s Agreement, (3) Sub�ect an md�v�dual to segregated or separate treatment in any facil�ty m, or in any matter �f process related to rece�pt of any serv�ce or benefit under th�s Agreement, (4) Restr�ct an mdividual m any way in access to, or m the enjoyment of any advantage or privilege en�oyed by others in connection with any service or benefit under this agreement, (5) Treat anyone differently from others m determinmg if they sat�sfy any admission, enrollment, eligibility, membership or other requirement or condition which the �nd�vidual must meet to be provided a service or benefit under this Agreement, (6) Deny anyone an opportunrty to participate m any program or activiTy as an employee which is different from that afforded others under this Agreement (B) The Agency shall abide by all appl�cable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohib�tmg d�scrimmation agamst hand�capped mdivtduals, and the Age Discrimmation Act of 1975 (implemented m 24 CFR part 146) prohtbrtmg discrimmat�on on the basis of age, either through purpose or mtent (C) If ass�gnment and/or subcontracting has been authonzed m wrrting, said ass�gnment or subcontract shall include appropriate safeguards agamst d�scrimmation m client services bmdmg up on each contractor or subcontractor. The Agency shall take such action as may be reyuired to ensure full compliance wrth the provisions of this sect�on, mcludmg sanctions for noncompl�ance 10 SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Agency shall meet the requirements, where applicable, of the Archrtectural Bamers Act and the Americans with D�sabilit�es Act, as set forth m 24 CFR 570 614 A buildmg or facility designed, constructed, or altered w�th funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the defin�tion of "resident�al structure" as defined in 24 CFR part 40 2 or the definrtion of "buildtng" as defined m 41 CFR part 101-19 602(a) is subject to the requirements of the Arch�tectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply w�th the Uniform Federal Accessibil�ty Standards (Appendix A to 24 CFR part 40 for resident�al structures, and Appendix A to 41 CFR part 101-19, subpart 101-19 6, for general type buildmgs) The Amencans with D�sabilities Act ("ADA") (42 USC 12131, 47 USC 155, 210, 218 and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readtly access�ble and usable by mdiv�duals with disabil�t�es The ADA further requires the removal of architectural barriers and communication barriers that are structural m nature m existmg facilrties, where such removal �s readily achievable -- that is, easily accomplishable and able to be carried out wrthout much difficulty or expense SECTION 12. OTHER PROGRAIVI REQUIREMENTS The Agency shall carry out each activity m compltance wrth all Federal laws and regulations descnbed in Subpart K of 24 CFR 570, regardless if the law is specifically stated m this Agreement, except that (A) The Agency does not assume the Crty's environmental responsibil�ties described in Section 570 604, and (B) The Agency does not assume the Crty's respons�bility for mrtiatmg the review process under Executtve Order 12372 ARTICLE IV: GENERAL CONDITIONS SECTION 1. COMPLIANCE WITH LAWS The Agency, m 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 Housmg and Urban Development, mcludmg but not limrted to Federal Communrty Development Block Grant Regulations, Washmgton Law Agamst D�scrimination, and other policies and guidel�nes established for the Crty of Bremerton CDBG Program by the Bremerton City Council Agency agrees to comply with all provisions of the Americans W�th Disabilrties Act and all regulations interpretmg or enforcmg such act Agency agrees to comply with the National Environmental Policy Act (NEPA) through the ent�re course of the pro�ect. SECTION 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at �ts own expense, �f necessary, all applicable Federal, State, C�ty or Municipal standards for licensmg, certification and operat�on of fac�lrt�es and programs, and accreditation and licensmg, certification and operation of fac�l�ties and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of serv�ces. 11 SECTION 3. INSURANCE Prior to commencing work, Agency shall procure and maintain at Agency's own cost and expense for the durat�on of the Agreement the following msurance placed w�th msurers w�th a mmimum Best's ratmg of A-, VI against claims for inJur�es to persons or damages to property which may arise ftom or m connection w�th the performance of the work or services hereunder by the Agency, h�s agents, representat�ves, employees or subcontractors Minimum Limits of Insurance. Agency shall mamta�n limits no less than Commercial General Liabilrty One m�llion dollars ($1,000,000) combmed smgle limrt per occurrence for bodily m�ury and property damage, and two million dollars ($2,000,000) aggregate Coverage shall be on an "occurrence" bas�s City of Bremerton shall be named, by endorsement, as an additional insured on the Agency's insurance policy as respects th�s contract Such insurance as carried by the Agency is primary over msurance camed by the Ctty • Comprehensrve Automobrle Lrabilrty Insurance One million dollars ($1,000,000) combmed smgle limit per accident for bodily in�ury/property damage • Workers' Compensatron and Employer's Liabiliry Workers' Compensation coverage as required by the State of Washmgton Evidence ofAgency's Insurance shall be presented to Crty of Bremerton Risk Management pnor to the execution of the agreement In the event of non-renewal, cancellation, or matenal change m coverage, thirty (30) days written notice will be furnished to the City pnor to the date of cancellat�on, non-renewal or change SECTION 4. INDEMNIT� The Agency agrees to defend, mdemmfy and save harmless the City, its appomted and elected officers and employees from and agamst any and all l�abilrty, loss, costs, damage and expense, mcludmg costs and attorney fees m defense thereof because of actions, claims or lawsuits for damages resultmg from personal or bodily m�ury, includmg death at any time resultmg from there, sustamed or alleged to have been sustamed by any person or persons and on account of damage to property, arismg or alleged to have arisen directly or indirectly out of or m consequence of or the performance of this Agreement, whether such m�uries to persons or damage to property �s due to the negligence of Agency, its subcontractors, agents, successor, assigns. Th�s provision shall be inapplicable to the extent the City is �udicially found solely negligent for such damage or m�ury SECTION 5. NOTICES Any notices requ�red to be given by the C�ty to the Agency or by the Agency to the C�ty shall be m wr�tmg and delivered to the followmg parties at the followmg addresses: City: CDBG Office C�ty of Bremerton Community Development 345 6�' Street Suite 600 Bremerton, WA 98337-1869 Agency: Holly Ridge Center Roxanne Bryson 5112 NW Taylor Rd Bremerton, WA 98312 12 SECTION 6. CITIZEN PARTICIPATION The Agency will implement the provisions of this Agreement m such a manner as not �mpede the attainment of widespread crtizen part�c�pat�on in plannmg and carrying out the pro�ect SECTION 7. ASSIGNMENT AND SUBCONTRACTING The Agency shall not ass�gn or subcontract any portion of the serv�ces prov�ded withm the terms of this Agreement without obtammg prior written approval from the C�ty All terms and cond�tions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement SECTION 8. RESERVATION OF RIGHTS Failure to msist upon stnct compliance with any terms, covenants or condrtions of th�s Agreement shall not be deemed a waiver of such, nor shall any waiver or relmquishment of such right or power at any t�me be taken to be a waiver of any other breach SECTION 9. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties SECTION 10. FAILURE TO PERFORM In the event of a failure by the Agency to comply, w�th any terms or condrtions of this Agreement or to provide tn any manner the activities or other performance as agreed to herem, the Crty reserves the nght to temporarily wrthhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, prohibit the Agency from mcurrmg additional obligat�ons of funds unt�l the Ctty is satisfied that corrective action has been taken or completed, or recapture funds already disbursed to Agency The opt�on to w�thhold or recapture funds �s m add�t�on to, and not m lieu of, the City's right to termmate as provided m Art�cle IV Section 11 of the General Condrt�ons of this Agreement The C�ty may consider performance under th�s Agreement when considermg future awards. SECTION 11. TERMINATION If the Agency fails to comply wrth the terms and condrtions of this Agreement, the Crty may pursue such remed�es as are available m accordance with 24 CFR 85 43 includmg but not limited to, the terminat�on of th�s Agreement m the manner specified herem. (A) Termmation for Cause — If the Agency fails to comply wrth the terms and conditions of th�s Agreement and any of the followmg cond�tions exist• (1) The lack of compliance wrth the provisions of this Agreement are of such scope and nature that the Crty deems contmuation of this Agreement to be substantially non-beneficial to the publ�c mterest; (2) The Agency has failed to take satisfactory corrective action as directed by the City or its author�zed representat�ve within the t�me specified by same; 13 (3) The Agency has failed w�thm the time spec�fied by the City or �ts authorized representatrve to satisfactorily substantiate �ts compliance w�th the terms and condrtions of this Agreement. The City may terminate this Agreement in whole or in part, and there upon shall notify in wntmg the Agency of the termmation, the reasons therefore, and the effective date The effective date shall not be prior to notification of the termmation by the C�ty to the Agency Costs resulting from obl�gations mcurred by the Agency after termination of the Agreement are not allowable unless spec�fically authorized in writing by the Crty (B) Termination for Convemence The award may be terminated for converuence, m whole or in part, as follows (1) By the Crty wrth the consent of the Agency The two parties shall agree upon the termination condrtions, mcludmg the effective date and m the case of partial termmation, the portion to be terminated, or (2) By the Agency upon submittmg wntten notification to the Crty. The written notification must set forth the reasons for the ternunation, the efFective date, and in the case of partial termmahon, the portion to be termmated However, m the case of a proposed partial termmation, the City may terminate the award m rts entirety if the Crty determmes that the remairung portion will not accomplish the purpose for which the award was made (C) Termmation for Withdrawal, Reduction or Limrtation of Fundm� In the event that funding from the Federal government is wrthdrawn, reduced or limrted m any way after the effective date of tlus Agreement, and pnor to its normal complehon, the City may summarily termmate thts Agreement as to the funds reduced or lim�ted, notwrthstandmg any other termmation prov�sion of th�s Agreement. If the level of fundmg so reduced or limited is so great that the Department of Community Development deems that the continuation of the program covered by the Agreement is no longer m the best mterest of the publ�c, the CiTy may summarily termmate this Agreement in whole notwithstandmg any other termination provisions of this Agreement Termmat�on under this Section shall be effect�ve upon receipt of wr�tten notice by the Agency or its representative SECTION 12. CLOSE-OUT Upon termination of th�s Agreement, in whole or m part for any reason mcluding completion of the pro�ect, the followmg provisions shall apply (A) Upon wntten request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments, (B) The Agency shall submrt witlun tlurty (30) days after the date of expiration of tlus Agreement, all financial, performance and other reports required by tlus Agreement, and in addrtion, will cooperate in a program audrt by City of Bremerton or its designee, (C) Closeout of funds will not occur unless all requirements of 24 CFR 92 507 and all outstanding issues wrth the general contractor and or subcontractor have been resolved to the satisfaction of the CiTy. 14 SECTION 13. VENUE AND CHOICE OF LAW Any action at law, suit m equrty, or other�udicial proceedmg for the enforcement of th�s Agreement or any provis�ons thereof shall be mstrtuted only m the Superior Court of the State of Washington, County of Krtsap It is mutually understood and agreed that th�s Agreement shall be governed by the laws of the State of Washmgton, both as to mterpretation and performance SECTION 14. SEVERABILITY CLAUSE It �s understood and agreed by the parhes that if any part, term, or provis�on of th�s Agreement �s held by the courts to be illegal or m conflict with any law of the state where made, the validity of the remammg portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement d�d not contam the part�cular part, term, or provtsion held to be mvalid. SECTION 15. INTEGRATED DOCUMENT This Agreement wrth any attachments const�tutes the ent�re agreement between the parties and both part�es acknowledge that there are no other agreements, wr�tten or oral, that have not been fully set forth in the text of th�s Agreement AGENCY Holly Ridge Center B xanne B son xec e Director CITY OF BREMERTON, WASHINGTON Q��1�„�, Mane Vila, CDBG/HOME Admmistrator �' % /�� • ,�,, _ Date �' ' / Z- APPROVED AS TO FORM: .. . �. - � •' � . : / j �� Date � �� z 15 INDEX TO CDBG AGREEMENT Article I. Project 1 Scope of Services 2 Pro�ect Descr�ption 3 Schedule of Completion 4. Term of Agreement 5 Program Reportmg Article II. Financial Conditions 1 Budget and Compensat�on 2 Documentation of Costs and Other Financial Reportmg 3 Reimbursement 4 Program Income Article III. Federal Conditions 1 2 3 4 5 6 7 8 9 10 11 Benefit to Low Income People Uniform Admmistrat�ve Requ�rements Separation of Church and State Non-Discrimination m Employment and Purchasing Local Employment and Purchasing Conflict of Interest Displacement, Relocation, Acquisition and Replacement of Housing Davis Bacon and Related Act Lead Based Pamt Discrim�nation Proh�bited Other Program Requirements Article IV. General Conditions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Compl�ance wrth Laws Licensing and Program Standards Insurance Indemntty Nottces Crt�zen Participation Ass�gnment and Subcontractmg Reservation of Rights Amendments to Agreement Failure to Perform Termmation Close-Out Venue and Cho�ce of Law Severability Clause Integrated Document L[� AGENCY: Hotly Ridge Certter PROJECT: Partnership for Children at Risk 2012 -#631219 CITY COUNTY CDBG/HOME CDBG/HOME Other Source of PROJECT COSTS Total All Funds Funds Funds Funds PERSONNEL mcludes Managers $2,009 00 $2,009 00 Staff $53,103 00 $4,100 00 $49, 003 00 Taxes and Benefits $11,740 00 $775 00 $11,740 MOUNT $66,852 $4,875 00 $0 $61,977 SUPPLIES/EQUIPMENT includes Office Suppiies EqwpmentiAdaptive and IPad $1,475 00 $1,475 00 MOUNT $1,475 00 $ $ $1,475 00 DMINISTRAT(ON inciudes Indirect $8,000 00 $8,000 00 Advertismg $100 00 $100 00 Audit $220 00 $220 00 Insurance/Bonds $360 00 $360 00 Postage/Printing $176 00 $176 00 Rent/Utdities/ Olympic College Rent $9,000 00 $9,000 00 Commurncation $380 00 $380 00 Trairnng/TraveUMedical Bad Debt $6,600 00 $6,600 00 Transportation $1,500 00 $1,500 00 MOUNT $26,336 00 $ $ $26,336 00 CQUISITION COSTS includes Acquisition MOUNT $ $ � $ DEVELOPMENT SOFT COSTS includes Appraisal Design and A & E Processing/Settlementlfinancing Marketing Operating Reserve MOUNT $ $ $ $ DEVELOPMENT HARD COSTS includes Clearance/Demolition Construction Rehabditation improvements MOUNT $ $ � $ OTHER COSTS includes Chrldcare Slots $9,625 $5,125 $4,500 MOUNT $9 625 $5,125 $4 500 OTAL PROJECT COSTS $104,288 $10,000 $0 $94,288 17