HomeMy WebLinkAbout5148 Contract Number 5148
Vendor HOPE IN CHRIST MINISTRIES
Subject. ASA - Oasis Teen Continuum of Services
Department CDBG
File Class LEG 12 -1
Begin Date 1/1/2012
End Date 3/31/2013
Review Date
Vault Date
Comments Amendment No. 1 1/29/13
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AMENDMENT
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT NAME. Hope in Christ Ministries Oasis Teen Shelter Acquisition
PROJECT NUMBER 631111
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 Hope in Christ
Ministries, 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 1 PROJECT
Section 3 SCHEDULE FOR COMPLETION (specific milestones)
Delete
Specific Tasks Start Date End Date
Com lete NEPA Environmental Review 3/1/2011 7/28/2011
Acquire property and building 8/15/11 8/31/11
Begin renovation and construction on building 9/1/11 11/30/11
Complete Construction/Pass licensing re uirement 1211/11 12131/11
Begin accepting homeless clients for shelter 1/1/2012 1/1/2022
Add
specific Tasks Start Date End Date
Complete NEPA Environmental Review 3/1/2011 7/28/2011
A uire property and building 8/15/11 8/31/11
Begin renovation and construction on bull 9/1/11 3/1/2012
Com lete Construction /Pass licensing requirement 12/1/11 11/30/2012
Begin accepting homeless clients for shelter 1123/2013 1/112022
Section 4 TERM OF AGREEMENT
Dele
The term of this Agreement is July 28, 2011 through March 31, 2012, but may be
extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9
(Amendments to Agreement) Should additional time for auditing this project be required, in
accordance with law, this Agreement shall be deemed automatically extended until such time as
the said audit shall be completed In any event, the term of this Agreement shall cover the period
that the Agency has control over Community Development Block Grant funds, including program
income
Section 4 TERM OF AGREEMENT
Add
The term of this Agreement is July 28, 2011 through March 31, 2013, but may be
extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9
(Amendments to Agreement) Should additional time for auditing this project be required, in
accordance with law, this Agreement shall be deemed automatically extended until such time as
the said audit shall be completed In any event, the term of this Agreement shall cover the period
that the Agency has control over Community Development Block Grant funds, including program
income
City Agency
Community Development Program Department of Parks and Recreation
Marie Vila, Administrator Dave Frederick, Director
City of Bremerton Hope in Christ Ministries
3456 th Street, Suite 600 8374 1h Street
Bremerton, WA 98337 Bremerton, WA 98337
THIS AMENDMENT constitutes the entire amendment to the agreement between the City and
the Agency
AGENCY CITY OF BREMERTON, WASHINGTON
Hope in Christ Ministries
Dave Frederick, Director Marie Vila, CDBG /HOME Program Administrator
Date
Patty Lent, ayor, City of Bremerton
Date 4 �l — 4M y 5
Contract Number
Vendor
Sub�ect•
Department
File Class•
Begin Date
End Date.
Review Date
Vault Date.
5148
HOPE IN CHRIST MINISTRIES
ASA - Oasis Teen Continuum of Services
CDBG
LEG 12-1
1/1/2012
12/31/2012
Comments.
c i co �'�
Contract No.: 631211
A enc : Ho e in Christ Ministries
Pro'ect: Oasis Teen Continuum of Svcs
Grant Amount: $24 983.00
CDFA #: 14.254
AGENCY SERVICE AGREEMENT
COMIVIUNITY DEVELOPMENT BLOCK GRANT
AN AGREEMENT, by and between Crty of Bremerton heremafter referred to as "Crty" and, Hope in
Christ Ministries, hereinafter refened to as "Agency" by which the Agency agrees to carry out specific activities
under Crty of Bremerton's Commumty Development Block Grant Program and establ�shmg certain other terms and
condrt�ons of operat�on
IT IS MUTUAI.LY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
SECTION 1. SCOPE OF SERVICES
The Crty, as recipient of a Commumty Development Block Grant (CDBG) from the Unrted States
Department of Housmg and Urban Development (HLJD), hereby designates the Agency to undertake, and the
Agency hereby agrees to undertake the activrt�es specifically described m the application and summanzed below
A. Generat Statement
Grant funds wdl be used to prowde prevent►on and end homelessness among 700 youth ages 93-25
through street and schoo/ outreach, drop-in centerserwces, case management, and services such as�ob
counseling and tutonng Funds wdl be used to pay key staff salanes
B. A�encv Shall•
� Provide a safe, welcom�ng and positive place for 700 Kitsap youth, including 500 Bremerton youth,
lus services tar eted to hel them become self-sufficient
• Maintain / develop partnership with other area agencies, such as the Bremerton School
2 Distnct, hospitals, clinics, etc, and work in collaboration with these agencies where possible
and beneficial
3 • Continue effective outreach to undersenred Bremerton community
4 • Mamtain reqwred records to demonstrate program eligibility for Block Grant funding
5 • Track relevant data to demonstrate program success
Track short and long term successes through the following measureable outcomes
• 700 new youth are reached out to during street/school outreach
• 600 of these youth come to an Oasis Center
6 • 200 of these youth wiil access resources at an Oasis Center
• 100 of these youth wdl participate in mtensive case management
• 50 youth wdl report a connection with linked services which wdi move them toward housing
and out of homelessness
Mamtain required records and track relevant data to demonstrate CDBG program successes,
7 including number of unduplicated clients served, separating the counts befinreen the City and the
Count , mcludin race and ethnia
g Submit quarterly reports and billing vouchers in a timely manner
9 Submit photos (JPEG) of the program in action with your final quarterly report
10 Seek improvements to overall operations
SECTION 2. PROJECT DESCRIPTION
Tvne of Proiect
Oas�s Teen Contmuum of Services
Funded Amount
$24,983
Action Plan Year: 2012
Proiect Location Service Area
Bremerton, WA Bremerton
Object of Activity: Surtable Living Environment Action Description Code: OSD
Outcome: Availability / Accessibilrty National Objective: LMC
Basic Eligible Activity: 24 CFR 570 201(e) Publ�c Services (youth services)
SECTION 3. TERM OF AGREEM�NT
The term of this Agreement is January 1, 2012 through December 31, 2012 Should add�tional time
for auditmg th�s pro�ect be required, in accordance w�th law, this Agreement shall be deemed automat�cally
extended unttl such time 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, includmg
program income
SECTION 4. PROGRAM REPORTING
The Agency shall submit such reports as required by the Crty to meet �ts local obligations and rts
obligation to the Department of Housmg and Urban Development The Crty will prescribe the report format,
as well as the time and location for subm�ssion of such reports Required reports included but are not limited
to the followmg
(A) Quarterly reports which shall mclude the progress made to date, or�ustification for lack of progress, in
providing the services specified m Article I, Section 1 Scope of Services, of this Agreement accord�ng
to the schedule for completion in Article 1 Section 3 Schedule for Completion of th�s Agreement
(B)
(C)
(D)
Quarterly reports on demographic, neighborhood residence, and mcome mformation regarding persons
ass�sted by the Agency through th�s Agreement
Semi-Annual budget reconc�liation which will compare your approved budget w�th actuals for year-to-
date
Close out reports includmg a final performance report, mventory of all property acquired or improved
with CDBG funds, and final financial report, upon termmation or completion of the award
ARTICLE II. FINANCIAL CONDITIONS
SECTION 1. BUDGET AND COMPENSATION
The Crty shall reimburse the Agency its allowable costs for the services ident�fied in this Agreement
not to exceed Twenty Four Thousand Nine Hundred Eighty Three Dollars ($24,983.00) upon presentation
of a properly executed mvoice in 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 identified in the Agency's application and
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approved by the City unless any or all such costs are disallowed by the State of Washmgton or the United
States.
Any reimbursements made under this Agreement must comply w�th the applicable requ�rements of 24
CFR Part 85. The Agency may not request d�sbursement of funds under this Agreement until the funds are
needed for payment of el�gible costs The amount of each request must be limrted to the amount needed
Budget Summarv
See Attachment `A' for Budget Summary
Time of Pavment Payment shall be made upon receipt of reimbursement request voucher mailed to.
CDBG Office, City of Bremerton Department of Community, 345 6'" Street Suite 600, Bremerton, WA
98337-1869.
Where Payments Are Made Payments shall be made to• Hope in Christ Ministries, 822 Burwell Street,
Bremerton, WA 98337
The Agency shall apply the funds received from the City under this Agreement m accordance w�th the Budget
Summary outlined m Attachment A Any lme-rtem expense, by itself or m combmat�on with other lme rtem
expense change, equal 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-�tem expense, by rtself or m
combmation with other lme �tem expense change, equal to or less than 10% of the total budget amount shall be
submitted m wr�tmg and shall specifically state the reasons for the requested mcrease and a�ustification for the
corresponding decrease m other lme-rtem(s) All budget revision and/or amendment requests w�ll be reviewed
and approved or demed by the City
SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by properly executed payrolls, time records, mvo►ces, vouchers or other
official documentat�on, as evidence of the nature and propriety of the charges All accountmg documents
pertammg m whole or m part to this Agreement shall be clearly identified and readily accessible, and upon
reasonable not�ce, the City and Umted States shall have the right to audrt the records of the Agency as they
relate to the work. The Agency shall also
(A) Mamtam an effect�ve system of mternal fiscal control and accountabil�ty for all CDBG funds and
property acqu�red 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 �tem notations must be substantiated by a receipt, invoice marked "Paid,"
or payroll record
(C) Maintain payroll and financial records for a period of six (6) years after receipt of final payrnent under
this Agreement prov�ded that this program has been monitored by HUD and the annual State audit
(which included the CDBG Program), has been completed
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(D) Permit mspection and audit of its records wrth respect to all matters authorized by this Agreement by
representatrves of the City the State Auditor or the Unrted States at nay time during normal busmess
hours and as often as necessary.
(E) Inform the City concernmg any funds allocated to the Agency, that the Agency anticipates w�ll not be
expended dunng the Agreement penod, and permrt reassignment of the same by the City to other
agenc�es
(F) Repay to the City any funds in its possession at the time of termmation of th�s Agreement that may be
due to the City or the United States
(G) Matntam complete records concernmg the rece�pt and use of all program mcome Program mcome
shall be reported on a monthly basis on forms prov�ded by the Crty
SECTION 3. REIMBURSEMENT
The Crty shall reimburse the Agency oniy for actual incurred costs upon presentation of a properly
executed mvoice in a form approved by the City Only those allowable costs directly related to the Agency's
appl�cation, approved by the City shall be paid consistent wrth Art�cle II Section 2 Documentat�on of Costs
and Other Financial Reportmg The Amount of each request must be l�mited to the amount needed for
payment of elig�ble costs
Notwithstandmg any other prov�sions m this section, reimbursement for construct�on contracts shall
have ten percent (10%) of the payment retamed until close out of funds pursuant to Article IV, Section 12 of
this Agreement
In the event the Crty or Umted States determ�nes any funds were expended by the Agency for
unauthorized or meligible purposes or the expend�tures constitute disallowed costs m any other way, the City
or Umted States may order repayment of the same The Agency shall remrt the disallowed amount to the City
w�thm thirty (30) days of written notification of the dtsallowance
(A) The Agency agrees that funds determmed by the City to be surplus upon completton of the Agreement
will be sub�ect to cancellation by the City
(B) The Agency agrees that upon expirat�on of this Agreement, the Agency shall transfer to the City any
CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of
CDBG funds
(C) The Crty shall be relieved of any obligation for payments �f funds allocated to the C�ty cease to be
available for any cause other than misfeasance of the Crty itself
(D) The C�ty reserves the right to withhold payments pending timely delivery of program reports or
documents as may be required under this Agreement
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SECTION 4. PROGRAM INCOME
Use of any program mcome rece�ved by the Agency w�th CDBG funds under th�s Agreement shall
comply with 24 CFR 570 504(c), consistent w�th the provisions described as follows
This pro�ect shall not generate any program income.
If authorized above, program mcome generated from the use of CDBG funds that is allowed to be retamed by
the Agency will be considered addit�onal CDBG funds, subject to all condrtions applicable to the use of funds
descr�bed m th�s Agreement All program �ncome shall be substant�ally d�sbursed for eligible activ�ttes before
add�tional requests for reimbursement are made to the City Program mcome not used in th�s manner shail be
returned to the City Complete records shall be mamtamed on the rece�pt and use of all program mcome Any
program mcome on hand when th�s Agreement is termmated, or received after such termmat�on, shall be
reimbursed to the C�ty
ARTICLE III. FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
All Agencies providmg d�rect 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 d�rect benefit or service must qualify under Federal Sect�on 8 mcome limtts as estabi�shed
by HUD Any deviation can be made only if it is clear that the service or benefit, to a person who mcome
exceeds very low and low mcome persons, is otherwise necessary as an integral part of the activ�ty The
Agency shall mamtain records that clearly document the mcome range and households size of the persons rt
serves Furthermore, the Agency shall mamtam records documentmg if the person be�ng served is a female
head of household, is handicapped, and/or is an ethmc/racial mmority
SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) Agenc�es which are governmental entit�es (mcludmg publ�c agenc�es), shall comply with the
requ�rements and standards of OMB Circular No A-87, "Prmciples for Determinmg Costs applicable
to Grants and Contracts wrth State, Local and Federally recognized Indian Tribal Governments" OMB
Circular A-133, "Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with
the following sect�ons of 24 CFR Part 85 "Uniform Administrat�ve Requirements for Grants and
Cooperative Agreements to State and Local Governments"
(1) Section 85 3, "Definitions",
(2) Section 85 6, "Exceptions",
(3) Sectton 85 12, Special grant or subgrant cond�tions for "h�gh-risks' grantees",
(4) Sect�on 85 20, "Standards for financial management system," except paragraph (a),
(5) Section 85.21, "Payment", except as modified by part 570.513,
(6) Section 85 22, "Allowable costs",
(7) Section 85.26, "Non-federal audits";
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(8) Section 85 32, "Equipment", except in all cases �n wh�ch the equ�pment is sold, the proceeds
shall be program mcome,
(9) Section 85 33, "Supplies",
(10) Section 85 34, "Copyrights",
(11) Section 85 35, "Subawards to debarred and suspended parties",
(12) Section 85 36, "Procurement", except paragraph (a),
(13) Section 85 37, "Subgrants " ,
(14) Section 85 40, "Momtonng and reportmg program performance ", except paragraphs (b)
through (d) and (�,
(15) Section 85 41, "Financial reportmg ", except paragraphs (a), (b), and (e) ,
(16) Section 85 42, "Retention and access requ�rements for records", except that the period shall be
four (4) years,
(17) Section 85 43, "Enforcement",
(18) Sect�on 85.44, "Termmation for convenience",
(19) Section 85 51, "Later disallowances and ad�ustment", and
(20) Sect�on 85 52, "Collection of amounts due"
(B) Agencies, except Agenc�es which are governmental entrties, shall comply with the requirements and
standards of OMB Circular No. A-122, "Cost Prmciples for Non-Profit Orgamzattons" or OMB
Circular No A-21, "Cost Principles for Educational Institutions, as applicable, and OMB Circular A-
133 "Audits of Institutions of Higher Educatton and Other Nonprofit Institutions" (as set forth in 24
CFR part 45) Audits shall be conducted annually Such agenc�es shall also comply wrth the followmg
provisions of the Umform Admimstrative requirements of OMB Circular No A-110 (implemented at
24 CFR part 84, "Uniform Admmistrative Requirements for Grants and Agreements w�th Institutions
of Higher Educat�on, Hospitals or Other Non-Profit Orgamzations") or the related CDBG provision, as
specified below
(1) Subpart A, - "General",
(2) Subpart B, -"Pre-Award Requirements," except for § 84.12, "Forms for Apply�ng 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 in making payments to subrecipients;
(ii) Section 84 23, "cost shanng and Matching"•
�
(iii) Section 84 24, "Program Income " In lieu of §84.24, CDBG subrecipients shall
follow §570 504,
(�v) Section 84 25, "Revision of Budget and Program Plans"
(v) Sect�on 84 32, "Real Properly." In l�eu of §84.32, CDBG subrec�p�ents shall
follow §570.505,
(v�) Sect�on 84 34(g), "Equ�pment " In lieu of the dtsposition provis�ons of §84.34(g),
the following appl�es
(A) In all cases m which equipment is sold, the proceeds shall be program mcome
(prorated to reflect the extent to wh�ch CDBG funds were used to acquire the equipment), and
(B) Equipment not needed by the subrec�pient for CDBG act�vrties shall be transferred
to the recipient for the CDBG program or shall be retamed after compensating the rec�p�ent,
(vii) Section 84 51 (b), (c), (d), (e), (�, (g), and (h), "Monitormg and reportmg Program
Performance";
(vi�i) Sectton 84 52, "Financial Reportmg",
(ix) Section 84 53(b), "Retention and access requirements for records " Section
84 53(b) appl�es wrth the followmg exceptions
(A) The retention penod referenced m§84 53(b) pertaming to mdividual CDBG
activities shall be four years„and
(B) The retent�on period starts from the date of submission of the annual performance
and evaluation report, as prescr�bed in 24 CFR 91 520, in wh�ch the specific activity is
reported on for the final time rather than from the date of subm�ss�on of the final expendrture
report for the award,
(x) Section 84 61, "Termination " In lieu of the provisions 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 add�tion to, and not m substitution for, other provis�ons of this Agreement regardmg the provis�on
of services utilizmg CDBG funds the Agency agrees that, m connection with such servtces
(A) It w�ll not discriminate agamst any employee or applicant for employment on the basis of rel�gion and
w�ll not limrt such services or give preference to persons on the basis of relig�on,
(B) It w�ll not discrimmate agamst any person applymg for such public serv�ces on the basis of religion
and will not lim�t such serv�ces or give preference to persons on the basis of religion,
(C) It will provide no relig�ous mstructton or counselmg, conduct no relig�ous worship or serv�ces, engage
m no religious proselyt�zing, and exert no other relig�ous mfluence in the provision of such services,
(D) The portion of a facil�ty used to provide services ass�sted in whole or in part under this Agreement
shall contain no sectarian or religious symbols or decorations while �t is being used to provide CDBG
funded serv�ces
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SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT ANID 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 prov�de that no person shall be discrimmated
against on the bas�s of race, color, religion, sex, or national ongin in all phases of employment dunng the
performance of Federal or federally assisted construction contracts The Agency shall take affirmat�ve action
to ensure fair treatment m employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising, layoff or termmation, rates of pay, or other forms of compensation and selection for tra�ning and
apprenticeship 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, in all sol�citations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will rece�ve consideration for employment without regard
to race, color, religion, sex, or national origm
(B) The Contractor will send to each labor umon or representative of workers wrth wh�ch he had a
collective bargammg agreement or other contract or understandmg, a nottce to be provided by the
agency contractmg officer, advismg the labor union of workers' representative of the contractor's
comm�tments under Sectton 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice m conspicuous places available to employees and appl�cants for employment.
(C) The Contractor will furnish all mformation and reports required 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 mvestigation to ascertam compliance with such rules, regulations,
and orders
(D) In the event of the Contractor's noncompliance with the nondiscnmmatton clauses of this Agreement
or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or
suspended in whole or m part and the Contractor may be declared melig�ble for further Government
contracts m accordance wrth procedures authorized m Executive Order 11246 of September 24, 1965,
and such other sanct�ons in Execut�ve Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law
(E) The Contractor will mclude the provisions of this Sect�on (Article III (4)) m every subcontract or
purchase order unless exempted by rules, regulattons, or orders of the Secretary of Labor issued
pursuant to Sect�on 204 of executive Order 11246 of September 24, 1965, so that such provisions will
be bmdmg upon each subcontractor or vendor The Contractor will take such action with respect to
any subcontract or purchase order as may be directed by the Secretary of Labor as a means of
enforcmg such provisions mcludmg sanctions for noncompliance, provided, however, that m the event
the Contractor becomes involved in, or is threatened with, lrtigat�on wrth a subcontractor or vendor as
a result of such direction, the Contractor may request the Unrted States to enter mto such lrtigatton to
protect the mterests of the Un�ted States
SECTION 5. LOCAL EMPLOYMENT AND PURCHASING
Funding under this agreement is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 USC 1701 u the Agency agrees to comply with provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set
forth m 24 CFR Part 135, and all applicable rules and orders of the Department of Housmg and Urban
8
Development issued there under The Agency agrees that they are under no contractual or other disab�lity
which would prevent them from complymg w�th these requirements
Section 3 requires that to the greatest extent feas�ble, opportunities for training and employment be
given to lower mcome residents of the pro�ect area and agreements for work in connect�on with the pro�ect be
awarded to busmess concerns which are located in or owned in substantial part by persons residmg m, the area
of the pro�ect. Section 3 applies to trainmg, employment, contracttng and other economic opportumties arising
m connection with the expendrture of housing ass�stance and commumty development assistance that �s used
for the followmg pro�ects 1 Housmg rehabilitation (mcludmg reduction and abatement of lead based pamt
hazards, but excludmg routine mamtenance repair and replacement), 2. Housmg 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 srtuated, and no other public offic�al of such local�ty or
local�ties who exercises any function or responsibilrties w�th respect to the program durmg h�s tenure or for
one year thereafter, shall have any mterest, d�rect or mdirect, ►n 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 respons�bilittes tn
connection with the City of Bremerton CDBG Program will obtain a personal or financial interest from
the CDBG assisted activrty The Contractor further covenants that he/she presently has no mterest m,
nor shall he/she acquire any mterest, d�rect or mdirect, erther for themselves or those with whom they
have busmess, or family, which would conflict m any manner or degree wrth the performance of
his/her services hereunder The contractor further covenants that m the performance of th�s Agreement
any potential conflict, on the part of the Contractor or his/her employees, will be disclosed to the
Agency and the C�ty
SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT
OF HOUSING
The Agency shall comply with the requirements relating to displacement, relocation, acquisrtion and
replacement of housing (24 CFR Part 570 606) Displacement of persons (families, mdividuals, businesses,
non-profit orgamzations and farms) as a result of activities assisted with CDBG funds �s generally dcscouraged
and m all instances 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 constructton, 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 with 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 immediate hazards, due
to the presence of pamt m residential structures which may contam lead to which children under seven years of
age may be exposed
SECTION 10. DISCRINIINATION PROHIBITED
(A) The Agency shall not, on the grounds of race, color, sex, religion, national origm, creed, mantal status,
or age
(1) Deny a qualified md�v�dual any facil�ties, financtal aid, services or other benefits provided
under th�s Agreement;
(2) Provide any facilities, services, financial a�d, or other benefits wh�ch are different, or are
provided m a different manner, from those provided to others under this Agreement,
(3) Sub�ect an mdividual to segregated or separate treatment in any facility in, or in any matter if
process related to receipt of any service or benefit under th�s Agreement,
(4) Restrict an mdividual m any way m access to, or m the en�oyment of any advantage or
privilege en�oyed by others m connectton with any service or benefit under this agreement,
(5) Treat anyone d�fferently from others m determimng if they satisfy any admiss�on, enrollment,
el�gibility, membership or other requirement or condrt�on which the mdividual must meet to be
provtded a serv�ce or benefit under th�s Agreement,
(6) Deny anyone an opportunity to participate m any program or activ�ty as an employee which is
different from that afforded others under this Agreement
(B) The Agency shall abide by all applicable prov�s�ons of Section 504 of the HEW Rehabilitation Act of
1973 as amended (implemented in 24 CFR part 8) proh�bit�ng discrimmation agamst hand�capped
mdividuals, and the Age Discr�mmat�on Act of 1975 (implemented in 24 CFR part 146) prohibrting
discrimination on the bas�s of age, erther through purpose or mtent
(C) If ass�gnment and/or subcontracting has been authonzed in wrrting, satd assignment or subcontract
shall mclude appropriate safeguards against discrimination m client services bmdmg up on each
contractor or subcontractor The Agency shall take such act�on as may be reyuired to ensure full
compliance wrth the provisions of this section, mcludmg sanctions for noncompliance
[[I]
SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILI'I'IES ACT
The Agency shall meet the requirements, where applicable, of the Architectural Barners Act and
the Americans w�th Disabilities Act, as set forth in 24 CFR 570 614 A building or facil�ty destgned,
constructed, or altered w�th funds allocated or reallocated under the CDBG program after December 11, 1995
and that meets the definrtion of "residential structure" as defined m 24 CFR part 40 2 or the definrt�on of
"building" as defined �n 41 CFR part 101-19 602(a) is sub�ect to the requirements of the Archrtectural Barriers
Act of 1968 (42 USC 4151-4157) and shall comply with the Umform Federal Accessib�lrty Standards
(Appendix A to 24 CFR part 40 for residential structures, and Appendix A to 41 CFR part 101-19, subpart
101-19 6, for general type buildmgs) The Americans wrth D�sabilities Act ("ADA") (42 USC 12131, 47 USC
155, 210, 218 and 255) requires that the des�gn and construction of facilities for first occupancy after January
26, 1993 must include measures to make them readily access�ble and usable by ind�viduals w�th disabilittes
The ADA further requires the removal of arch�tectural barr�ers and communicat�on barriers that are structural
m nature in ex�stmg facilit�es, where such removal is readily achievable -- that is, easily accomplishable and
able to be carried out w�thout much difficulty or expense
SECTION 12. OTHER PROGRAM REQUIREMENTS
The Agency shall carry out each act�v�ty m compliance with all Federal laws and regulattons descnbed
in Subpart K of 24 CFR 570, regardless if the law is specificaily stated m this Agreement, except that
(A) The Agency does not assume the Crty's environmental responsibil�t�es described m Section 570 604,
and
(B) The Agency does not assume the C�ty's responsib�lrty for imtiating the review process under
Executive Order 12372.
ARTICLE IV: GENERAL CONDITIONS
SECTION 1. COMPI,IANCE WITH LAWS
The Agency, m performance of this Agreement, agrees to comply with all applicable Federal, State
and Local Laws and ordmances, and the rules and regulations promulgated by the U S Department of Housmg
and Urban Development, mcluding but not l�mited to Federal Commumty Development Block Grant
Regulations, Wash�ngton Law Agamst Discrim�nat�on, and other pol�ctes and guidelines established for the
CiTy of Bremerton CDBG Program by the Bremerton City Council Agency agrees to comply with all
provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such act
Agency agrees to comply with the Nattonal Env�ronmental Pol�cy Act (NEPA) through the entire course of the
pro�ect.
SECTION 2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply w�th and to obtain at its own expense, �f necessary, all applicable Federal, State,
City or Mun�cipal standards for licensmg, certification and operation of facilit�es and programs, and
accreditation and licensmg, certificat�on and operation of facil�ties and programs, and accred�tation and
licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of
services.
11
SECTION 3. INSURANCE
Prior to commencing work, Agency shall procure and mamtam at Agency's own cost and
expense for the duration of the Agreement the following msurance placed wrth insurers wrth a mmimum
Best's ratmg of A-, VI agamst claims for m�uries to persons or damages to property which may arise from or
in connection w�th the performance of the work or services hereunder by the Agency, his agents,
representatives, employees or subcontractors
Minimum Limits of Insurance. Agency shall mamtam limits no less than
• Commercral General LTability One million dollars ($1,000,000) combmed smgle limit per occurrence
for bodily m�ury and property damage, and two mill�on dollars ($2,000,000) aggregate Coverage
shall be on an "occurrence" basis. City of Bremerton shall be named, by endorsement, as an addrtional
msured on the Agency's insurance policy as respects th�s contract Such msurance as carried by the
Agency �s pnmary over msurance carned by the C�ty
Comprehensrve Automobile Liabilaty Insurance One m�llion dollars ($1,000,000) combmed smgle
(imit per accident for bodtly m�ury/property damage
• Workers' Compensation and Employer's Liability Workers' Compensation coverage as required by
the State of Washmgton
Evidence of Agency'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, th�rty
(30) days wntten notice w�ll be furnished to the C�ty prior to the date of cancellation, non-renewal or change
SECTION 4. INDEMNITY
The Agency agrees to defend, mdemmfy and save harmless the C►ty, its appomted and elected officers
and employees from and agamst any and all liability, 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
bodtly injury, mcluding death at any time resulting from there, sustained 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
�ndirectly out of or tn consequence of or the performance of this Agreement, whether such m�uries to persons
or damage to property is due to the negligence of Agency, rts subcontractors, agents, successor, assigns. This
provision shall be mapplicable to the extent the C�ty is�udicially found solely negligent for such damage or
m�ury
SECTION 5. NOTICES
Any notices required to be given by the C�ty to the Agency or by the Agency to the City shall be m
writmg and delivered to the followmg parties at the followmg addresses
City:
CDBG Office
City of Bremerton Community Development
345 6�' Street Suite 600
Bremerton, WA 98337-1869
Agency:
Hope m Chnst Ministnes
Dave Frederick
822 Burwell Street
Bremerton, WA 98337
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SECTION 6. CITIZEN PARTICIPATION
The Agency will tmplement the prov�s�ons of this Agreement m such a manner as not impede the
attainment of widespread cit�zen part�cipation in plamm�g and carrymg out the pro�ect
SECTION 7. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided w�thm the terms of
this Agreement without obtaming prior written approval from the City All terms and conditions 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 compl�ance w�th any terms, covenants or cond�tions of this Agreement
shall not be deemed a wa�ver of such, nor shall any waiver or relmquishment of such right or power at any
time 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
wr�tten concurrence of both parties
SECTION 10. FAILURE TO PERFORM
In the event of a failure by the Agency to comply, with any terms or cond�tions of this Agreement or to
provide m any manner the act�v�ties or other performance as agreed to herem, the Crty reserves the right to
temporarily withhold all or any part of payment pending correction of the defic�ency, suspend all or part of the
Agreement, proh�brt the Agency from incurrmg addittonal obligations of funds until the City �s satisfied that
corrective action has been taken or completed, or recapture funds already disbursed to Agency. The option to
withhold or recapture funds �s m addrtion to, and not in lieu of, the City's right to termmate as provided �n
Art�cle IV Sectton 11 of the General Conditions of this Agreement. The C�ty may consider performance under
this Agreement when considering future awards
SECTION 11. TERMINATION
If the Agency fails to comply with the terms and conditions of this Agreement, the Crty may pursue
such remedies as are available m accordance with 24 CFR 85 43 including but not l�mited to, the termmation
of this Agreement in the manner specified herein
(A) Terminat�on for Cause — If the Agency fails to comply with the terms and condrtions of th�s
Agreement and any of the followmg condrtions ex�st
(1) The lack of compliance wrth the provtsions of this Agreement are of such scope and nature that
the C�ty deems contmuation of th►s Agreement to be substantially non-benefic�al to the public
interest,
(2) The Agency has failed to take satisfactory corrective action as d�rected by the Crty or its
authonzed representative within the time specified by same,
f [cj
(3) The Agency has failed wrthm the time spec�fied by the Crty or its authortzed representative to
satisfactonly substantiate rts compliance wrth the terms and condrt�ons of th�s Agreement
The Crty may temunate this Agreement m whole or m part, and there upon shall notify m wrrtmg
the Agency of the termination, the reasons therefore, and the effective date The effective date shall not be
pr�or to notification of the termination by the Crty to the Agency. Costs resultmg from obligations incuned by
the Agency after termmation of the Agreement are not allowable unless spec�fically author�zed m writmg by
the Crty
(B) Termmation for Convemence
The award may be termmated for convemence, in whole or m part, as follows
(1) By the City wrth the consent of the Agency The two parties shall agree upon the
termmation condrtions, mcludmg the effective date and m the case of partial termination,
the portion to be terminated, or
(2) By the Agency upon submittmg wntten notification to the City The wntten notification
must set forth the reasons for the termmation, the effective date, and m the case of partial
termination, the portion to be termmated However, in the case of a proposed partial
termmahon, the City may termmate the award m rts entirety if the City determmes that the
remairung portion will not accomplish the purpose for which the award was made
(C) Termmation for Wrthdrawal, Reduction or Limrtation of Fundm�
In the event that funding from the Federal government is withdrawn, reduced or lumted m any
way after the effechve date of this Agreement, and pnor to rts normal completion, the City may
summanly termmate this Agreement as to the funds reduced or l�mited, notwithstandmg any other
termmation provis�on of this Agreement If the level of fundtng so reduced or l�mited is so great that
the Department of Community Development deems that the contmuation of the program covered by
the Agreement is no longer m the best mterest of the public, the City may summarily terminate this
Agreement m whole notwithstanding any other termination provis�ons of this Agreement Termmat�on
under this Section shall be effect�ve upon receipt of wr�tten notice by the Agency or �ts representative
SECTION 12. CLOSE-OUT
Upon termmation of this Agreement, m whole or tn part for any reason mcludmg completion of the
pro�ect, the followmg provisions shall apply
(A) Upon wntten request by the Agency, the Crty shall make or arrange for payment to the Agency of
allowable reimbursable costs not covered by previous payments,
(B) The Agency shall submrt within thirty (30) days after the date of expiration of this Agreement, all
financial, performance and other reports required by this Agreement, and in addrtion, will
cooperate m a program audit by City of Bremerton or its designee,
(C) Closeout of funds will not occw unless all reqi.urements of 24 CFR 92 507 and all outstandmg
issues with the general contractor and or subcontractor have been resolved to the satisfachon of
the City
14
SECTION 13. VENUE AND CHOICE OF LAW
Any achon at law, surt in equrty, or other�udicial proceedmg for the enforcement of this
Agreement or any prov�stons thereof shall be instttuted only in the Supenor Court of the State of Washmgton,
County of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of
the State of Washmgton, both as to mterpretation and performance
SECTION 14. SEVERABILITY CLAUSE
It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the
courts to be �Ilegal or m confltct w�th any law of the state where made, the val�dity of the remammg portions
or provisions shall not be affected, and the nghts and obligations of the parties shall be construed and enforced
as �f the Agreement did not contam the particular part, term, or proviston held to be mvalid
S�CTION 15. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between the parties and both
parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth m the
text of this Agreement
AGENCY
Hope in Christ Ministries
�
By ` �
Dave Frederick, Executive Director
Date 6 �G//v
CITY OF BREMERTON, WASHINGTON
� „ ��,
Marie V�la, CDBG/HOME Admmistrator
Patty Lent, M
Date. aJ ��� � �
APPROVED AS TO FORM
BREMERTO ATTORNEY
BY
�
15
INDEX TO CDBG AGREEMENT
Article I. Project
1 Scope of Serv�ces
2 Pro�ect Descr�ption
3 Schedule of Complet�on
4 Term of Agreement
5 Program Reporting
Article II. Financial Conditions
1. Budget and Compensation
2 Documentat�on 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
Umform Admm�strat�ve Requ�rements
Separation of Church and State
Non-Discrimmation m Employment and Purchasing
Local Employment and Purchasmg
Conflict of Interest
Displacement, Relocation, Acyu�s�hon and Replacement of Housmg
Davis Bacon and Related Act
Lead Based Pamt
Discrimtnation Prohibited
Other Program Requirements
Article IV. General Conditions
1
2
3
4.
5
6
7.
8
9
10.
11
12
13.
14
15.
Compliance wrth Laws
Licensmg and Program Standards
Insurance
Indemmty
Not�ces
Crt�zen Participation
Assignment and Subcontracting
Reservation of Rights
Amendments to Agreement
Failure to Perform
Termmation
Close-Out
Venue and Choice of Law
Severabilrty Clause
Integrated Document
16
AGENCY: Hope in Christ Ministries
PROJECT: Oasis Youth Continuum of Services 2Al2 _�39271
PROJECT COSTS Total CDBG/HOME Other Other: Other:
All Funds Funds Sources
PERSONNEL includes
Managers $123,360 00 $24,983 00 $98,377 00
Staff $26,880 00 $26,880 00
Taxes and Beneflts/Pro Fees $31,500 00 $31,500 00
AMOUNT $181,740 00 $24,983 00 $0 00 $0 00 $156,757 00
SUPPLIES/EQUIPMENT
includes
Office Suppiies $7,200 00 $7,200 00
Program Supplies
AMOUNT $7,200 00 $0 00 $0 00 $0 00 $7,200 00
ADMINISTRATION mcludes
Program Expenses
Audit
Insurance/Bonds $2,800 00 $2,800 00
Postage/Printing $1,200 00 $1,200 00
RenUUtdities $32,000 00 $32,000 00
Communication
Traming/Travel $3,600 00 $3,600 00
Transportat�on $1,200 00 $1,200 00
AMOUNT $40,800 00 $0 00 $0 00 $0 00 $40,800 00
ACQUISITION COSTS includes
Acquisition
AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00
DEVELOPMENT SOFT
COSTS
inciudes
Appraisal
Design and A & E
Processing/Settiement/financing
Marketing
Operating Reserve
AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00
DEVELOPMENT HARD COSTS
inciudes
Clearance/Demolition
Construction
Rehabditation
Improvements
AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00
OTHER COSTS includes
Relocation
Operatmg/Maintenance
Expenses $3,000 00 $3,000 00
AMOUNT $3,000 00 $0 00 $0 00 $0 00 $3 000 00
TOTAL PROJECT COSTS $232 740 00 $24 983 00 $0 00 $0 00 $207,757 00
17