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HomeMy WebLinkAbout5161 Contract Number. 5161 Vendor BOYS & GIRLS CLUBS OF SPS Subject- ASA - After - School and Summer Program Department: CDBG File Class: LEG 12 -1 Begin Date: 1/1/2012 End Date: 12/31/2012 Review Date Vault Date: 2014 Comments: CLOSED c��y ���y Contract No.: 631218 A enc : Bo s& Girls Clubs of SPS Pro'ect: After-School and Summer Pr m GrantAmount: $10,000 CFDA number 14.254 AGENCY SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT AN AGREEMENT, by and between Crty of Bremerton heremafter refened to as "Crty" and, Boys & Girls Clubs of South Puget Sound, heremafter 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 establishmg certam other terms and condrtions of operation IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES The C�ty, as recipient of a Community Development Block Grant (CDBG) from the Umted States Department of Housmg and Urban Development (H[JD), hereby designates the Agency to undertalce, and the Agency hereby agrees to undertake the actrvrt�es specifically described �n the application and summarized below A. General Statement Grant funds will be used to provide after school and summer programs for 850 youth, ages 6 to 13 Program services enable all young people to reach the�r full potential as productive, canng, respons►b/e c►t►zens, and budd self-esteem through a sense of belonging, usefulness, ►nfluence, and competence Program ►nc/udes homework he/p, tutor►ng, nutrition educat�on, commun►ty serwce, regu/ar phys�cal act�wty, and a safe place to spend out-of-schoo/ hours Fundmg wdl be used to support staff costs B. A�encv Shall• � Provide a safe, welcoming and positive place for 850 Kitsap youth, includmg 457 Bremerton youth, to o after school and durin school holida s • Mamtam and continue to develop strong partnership with the Bremerton School District 2 ✓ Work in collaboration with other area agencies where possible and benefiaal g • Continue effective outreach to underserved Bremerton commurnty 4 • Maintain required 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 • 65%of youth who improve academic success as measured by school grades and attendance 6 • 70% of youth who improve their character and citizenship as measured by volunteerism and participation m extracurncular activities outside of school • 60% of youth who increase their healthy lifestyle as measured by their engagement in re ular h sical activ� Mamtain required records and track relevant data to demonstrate CDBG program successes, 7 including number of unduplicated clients served, separat�ng the counts befinreen the City and the Count , includin race and ethnicit g Submit quarterly reports and bdling vouchers m a timely manner g Submit photos (JPEG) of the program m action with your final quarterly report �p Seek improvements to overall operations SECTION 2. PROJECT DESCRIPTION Tvue of Proiect After-School and Summer Program Proiect Location Bremerton, WA Object of Activity: Suitable L�vmg Environment Outcome: Availabilrty / Accessibilrty Basic Eligible Activity (24 CFR 570.201(e) Public Services SECTION 3. TERM OF AGREEMENT Funded Amount $10,000 Action Plan Year: 2012 Service Area Bremerton Action Description Code: OSD NationalObjective: LMC The term of th�s Agreement �s January 1, 2012 through December 31, 2012 Should addrtional time for audrtmg this pro�ect be required, m accordance with law, this Agreement shall be deemed automatically extended until such t�me as the said audrt 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, mcludmg program mcome SEC'Y'ION 4. PROGRAM REPORTING The Agency shall submit such reports as required by the Crty to meet �ts local obl�gations and rts obligation to the Department of Housmg and Urban Development The Crty will prescribe the report format, as well as the time and locat�on for submission of such reports Required reports mcluded but are not limited to the following (A) Quarterly reports which shall mclude the progress made to date, or�ust�ficat�on for lack of progress, m providmg the services spec�fied m Article I, Section 1 Scope of Services, of this Agreement accordmg to the schedule for completion m Article 1 Section 3 Schedule for Completion of th�s Agreement (B) (C) (D) Quarterly reports on demographic, ne�ghborhood res�dence, and income mformation regardmg persons ass�sted by the Agency through this Agreement Semi-Annual budget reconciliat�on wh�ch w�ll compare your approved budget with actuals for year-to- date. Close out reports mcluding a final performance report, mventory of all property acyu�red or �mproved with CDBG funds, and final financial report, upon termination 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 �dentified in this Agreement not to exceed Ten Thousand Dollars ($10,000.00) upon presentat�on of a properly executed mvoice m a form approved by the City Such reimbursement shall constitute full and complete payment by the City under this Agreement Allowable costs shall mean those necessary and proper costs �dent�fied in the Agency's appltcat�on and 2 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 wrth the applicable requirements 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 limited to the amount needed Budget Summarv See Attachment `A' for Budget Summary T�me of PaYment. 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 Boys & Girls Clubs of South Puget Sound, 3875 S. 66� Street, Tacoma, WA 98409 The Agency shall apply the funds received from the City under this Agreement m accordance with the Budget Summary outlmed in Attachment A Any lme-�tem expense, by itself or m combination with other Ime rtem expense change, equal to or greater than 10% of the total budget amount over the i�fe of the Agreement shall require a formal amendment to the Agreement Any request for a l�ne-�tem expense, by itself or m combmation with other lme item expense change, equal to or less than 10% of the total budget amount shall be submitted m wnttng and shall specifically state the reasons for the requested mcrease and a�ustification for the correspondmg decrease m other l�ne-rtem(s) All budget revis�on and/or amendment requests will be reviewed and approved or demed by the C�ty SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges All accounting documents pertaining m whole or m part to this Agreement shall be clearly ident�fied and readily accessible, and upon reasonable not�ce, the City and United States shall have the right to audtt the records of the Agency as they relate to the work. The Agency shall also (A) Mamtam an effective system of mternal fiscal control and accountabil�ty for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes (B) Keep a continumg 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 substant�ated by a receipt, mvoice marked "Paid," or payroll record (C) Mamtain payroll and financial records for a period of six (6) years after receipt of final payment under this Agreement prov�ded that this program has been monitored by HUD and the annual State audrt (which mcluded the CDBG Program), has been completed. 3 (D) Permrt inspection and aud�t of its records w�th respect to all matters authorized by th�s Agreement by representat�ves of the C�ty the State Auditor or the United States at nay time durmg normal busmess hours and as often as necessary (E) Inform the Crty concerning any funds allocated to the Agency, that the Agency ant�cipates will not be expended durmg the Agreement per�od, and permit 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 termmat�on of th�s Agreement that may be due to the C�ty or the Umted States (G) Mamtam complete records concernmg the receipt and use of all program mcome Program mcome shall be reported on a monthly bas�s on forms provided by the C�ty SECTION 3. REIMBURSEMENT The Crty shall reimburse the Agency only for actual mcurred costs upon presentation of a properly executed mvoice m a form approved by the City Only those allowable costs d►rectly related to the Agency's applicat�on, 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 limited to the amount needed for payment of eligible costs Notwithstandmg any other provisions m this section, reimbursement for constructton 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 C�ty or United States determines any funds were expended by the Agency for unauthorized or mel�gible purposes or the expenditures constitute disallowed costs m any other way, the City or United States may order repayment of the same The Agency shall rem�t the disallowed amount to the City w�th�n thirty (30) days of written notificat�on of the disallowance (A) The Agency agrees that funds determmed by the City to be surplus upon completion of the Agreement w�ll be sub�ect to cancellation by the City. (B) The Agency agrees that upon exp�ration of this Agreement, the Agency shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts rece�vable attnbutable to the use of CDBG funds (C) The Crty shall be relieved of any obl�gat�on for payments if 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 r�ght to w�thhold payments pendmg t�mely delivery of program reports or documents as may be requ�red under this Agreement. 4 SECTION 4. PROGRAM INCOME Use of any program income received by the Agency with CDBG funds under this Agreement shall comply with 24 CFR 570.504(c), consistent with the provisions described as follows This pro�ect w�ll not generate any program mcome If authorized above, program mcome generated from the use of CDBG funds that is allowed to be retamed by the Agency will be considered additional CDBG funds, subject to all cond�tions applicable to the use of funds described m th�s Agreement. All program mcome shall be substant�ally disbursed for eligible act�vities before additional reyuests for reimbursement are made to the C�ty Program mcome not used �n this manner shall be returned to the City Complete records shall be mamtamed on the receipt and use of all program mcome Any program mcome on hand when th�s Agreement �s termmated, or recerved after such termmat�on, shall be reimbursed to the C�ty. ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE All Agencies providing direct benefit serv�ces shall provide such services to benefit very low and low tncome persons to the max�mum extent feas�ble (but not less than 51%) Ind�vidual persons or families provided a spec�fic direct benefit or service must qualify under Federal Section 8 income l�mits as establ�shed by HUD Any dev�ation can be made only �f rt is clear that the service or benefit, to a person who income exceeds very low and low mcome persons, is otherw�se necessary as an mtegrat part of the acttvrty. The Agency shall mamtam records that clearly document the mcome range and households s�ze of the persons rt serves. Furthermore, the Agency shall mamtam records documentmg if the person bemg served is a female head of household, �s hand�capped, and/or �s an ethn�c/racial minority SECTION 2. U1vIFORM ADMINISTRATIVE REQUIREMENTS (A) Agencies which are governmental entit�es (including public agencies), shall comply with the requirements and standards of OMB Circular No A-87, "Prmc�ples for Determmmg Costs appl�cable to Grants and Contracts with State, Local and Federally recogmzed Indian Tribal Governments" OMB Circular A-133, "Audits of State and Local Governments" (tmplemented at 24 CFR Part 84) and with the followmg sections of 24 CFR Part 85 "Umform Admm�strative Requirements for Grants and Cooperative Agreements to State and Local Governments" (1) Section 85 3, "Definitions", (2) Section 85 6, "Excepttons", (3) Section 85 12, Special grant or subgrant conditions for "high-risks' grantees", (4) Section 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 audrts", 5 (8) Section 85 32, "Equipment", except m all cases m which the equipment �s sold, the proceeds shall be program mcome, (9) Section 85 33, "Supplies", (10) Sect�on 85 34, "Copyr�ghts", ( I 1) Sect�on 85 35, "Subawards to debarred and suspended parttes", (12) Section 85 36, "Procurement", except paragraph (a), (13) Sect�on 85 37, "Subgrants " , (14) Sect�on 85 40, "Monitor�ng and reportmg program performance ", except paragraphs (b) through (d) and (�, (IS) Section 85 41, "Financtal reportmg ", except paragraphs (a), (b), and (e) , (16) Section 85 42, "Retent�on and access requ�rements for records", except that the period shall be four (4) years, (17) Section 85 43, "Enforcement", (18) Section 85 44, "Termmation for convemence", (19) Sect�on 85.51, "Later disallowances and adjustment", and (20) Section 85 52, "Collect�on of amounts due". (B) Agencies, except Agenc�es wh�ch 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 Prmciples for Educat�onal Inst�tutions, as appl�cable, and OMB Circular A- 133 "Audits of Institutions of Higher Education 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 Admm�stratrve requ�rements of OMB Circular No A-110 (implemented at 24 CFR part 84, "Uniform Admmistrat�ve Requ�rements for Grants and Agreements wrth Inst�tut�ons of Higher Educat�on, Hospitals or Other Non-Profit Orgamzat�ons") or the related CDBG prov�sion, as specified below (1) Subpart A, - "General", (2) Subpart B, -"Pre-Award Requirements," except for § 84 12, "Forms for Applying for Federal Assistance", (3) Subpart C"Post-Award Requ�rements," except for (i) Section 84 22, "Payment Requirements," Grantees shal( follow the standards of §§85 20(b)(7) and 85.21 m makmg payments to subrec�pients; (ii) Section 84.23, "cost sharmg and Matching" � (iii) Section 84 24, "Program Income " In l�eu of §84.24, CDBG subreciptents shall follow §570 504; (iv) Section 84 25, "Revis�on of Budget and Program Plans": (v) Section 84 32, "Real Property " In lieu of §84.32, CDBG subreciptents shall fol(ow §570 505; (vi) Section 84 34(g), "Equipment " In lieu of the disposition provisions of §84.34(g), the followmg applies (A) In all cases in which 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) Equipment not needed by the subrecip�ent for CDBG act�v�ties shall be transferred to the rec�ptent for the CDBG program or shall be retamed after compensating the recipient, (vii) Sect�on 84 51 (b), (c), (d), (e), (fl, (g), and (h), "Momtormg and reporhng Program Performance", (vui) Section 84 52, "Financial Reportmg"; (ix) Section 84 53(b), "Retention and access requirements for records " Section 84.53(b) appl�es w�th the followmg exceptions. (A) The retention period referenced m§84.53(b) pertammg to mdividual CDBG act�vities shall be four years, and (B) The retent�on per�od starts from the date of submission of the annual performance and evaluation report, as prescnbed �n 24 CFR 91 520, m which the specific activity is reported on for the final t�me rather than from the date of submission of the final expendrture report for the award, (x) Section 84 61, "Termination " In l�eu of the provisions of §84 61, CDBG subrecipients shall comply w�th §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 substrtution for, other provisions of this Agreement regarding the provision of services utilizmg CDBG funds the Agency agrees that, m connection with such services (A) It w�ll not discriminate agamst any employee or applicant for employment on the basis of reltgion and will not l�mrt such services or give preference to persons on the basis of religion, (B) It will not discrimmate agamst any person applying for such public serv�ces on the basis of religion and will not limit such services or give preference to persons on the bas�s of religion; (C) It will provide no relig�ous mstruct�on or counseling, conduct no relig�ous worship or services, engage in no rel�gious proselyttzmg, and exert no other relig�ous influence m the provision of such serv�ces, (D) The portion of a facility used to provide services assisted m whole or m part under this Agreement shall contam no sectarian or religious symbols or decorations wh�le it is bemg used to provide CDBG funded services. 7 SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Execut�ve Order 11246 as amended by Execut�ve Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be d�scrim�nated against on the bas�s of race, color, religion, sex, or national origin m all phases of employment durmg the performance of Federal or federally assisted construction contracts The Agency shall take affirmative action to ensure fair treatment m employment, upgrading, demotion, or transfer, recru�tment or recrurtment advertismg, layoff or termmation, rates of pay, or other forms of compensation and selection for traming 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, m all sol�crtations or advertisements for employees placed by or on behalf of the Contractor, state that all yualified applicants will receive considerat�on for employment w�thout regard to race, color, religion, sex, or national or�gm (B) The Contractor will send to each labor umon or representative of workers wrth which he had a collective bargaimng agreement or other contract or understandmg, a not�ce to be provided by the agency contractmg offcer, adv�smg the labor union of workers' representative of the contractor's commitments under Section 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 furn�sh all information and reports reyuired 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 permit access to his books, records, and accounts by the contractmg agency and the Secretary of Labor for purposes of mvestigation to ascertain compliance wrth such rules, regulations, and orders (D) In the event of the Contractor's noncompliance with the nondiscrimmatton clauses of this Agreement or w�th any of such rules, regulat�ons, or orders, this Agreement may be cancelled, termmated or suspended m whole or m part and the Contractor may be declared meligible for further Government contracts in accordance w�th procedures authonzed m Executtve Order 11246 of September 24, 1965, and such other sanctions in Execut�ve Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise prov�ded by law (E) The Contractor will mclude the provisions of this Section (Article III (4)) m every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of execut�ve Order 11246 of September 24, 1965, so that such provisions w�ll 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 mcluding sanct�ons for noncompliance, provided, however, that m the event the Contractor becomes mvolved in, or is threatened with, lrtigat�on wrth a subcontractor or vendor as a result of such d�rection, the Contractor may request the Umted States to enter mto such lrttgation to protect the interests of the Un�ted States SECTION 5. LOCAL EMPLOYMEN'T 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 provis�ons of said Section 3 and the regulations �ssued pursuant thereto by the Secretary of Housing and Urban Development set forth in 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 disabilrty which would prevent them from complying w�th these requirements Section 3 requires that to the greatest extent feasible, opportunrt�es for traimng and employment be g�ven to lower income residents of the pro�ect area and agreements for work m connect�on with the pro�ect be awarded to business concerns wh�ch are located m or owned m substantial part by persons residing in, the area of the pro�ect Section 3 applies to trainmg, employment, contracting and other economic opportunrt�es ar�sing m connection w�th the expenditure of housmg assistance and communrty development assistance that is used for the followmg pro�ects 1 Housmg rehabil�tat�on (mcludmg reduction and abatement of lead based pamt hazards, but excluding routme mamtenance repair and replacement), 2 Housmg construct�on, and 3. other publ�c construction SECTION 6. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or rts designees or agents, no member of the governmg body of the locality m which the program is situated, and no other publ�c official of such locality or local�ties who exercises any function or respons�b�lit�es wrth respect to the program durmg his tenure or for one year thereafter, shall have any mterest, d�rect or �nd�rect, m 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�ties m connection wrth the City of Bremerton CDBG Program will obtam a personal or financial interest from the CDBG assisted activity The Contractor further covenants that he/she presently has no mterest m, nor shall he/she acquire any mterest, direct or mdirect, erther for themselves or those with whom they have business, or family, whtch would conflict in any manner or degree wrth the performance of his/her services hereunder The contractor further covenants that m the performance of thts Agreement any potent�al 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 relatmg to displacement, relocation, acquisition and replacement of hous�ng (24 CFR Part 570 606) Displacement of persons (families, individuals, busmesses, non-profit organizat�ons and farms) as a result of act�vities assisted with CDBG funds ts generally dtscouraged and m 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 outlined m 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, ts federally assisted, and involves the employment of laborers and/or mechamcs to perform the work E SECTION 9. LEAD BASED PAINT The Agency shall comply with HUD Lead-Based Regulattons (24 CFR Part 35 et al) issued m the Federal Register, September 15, 1999 which require elimmation, as far as practical, of immed�ate hazards, due to the presence of pamt �n residential structures whtch 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, religion, national origm, creed, mantal status, or age (1) Deny a qualified mdiv�dual any facilrties, financial aid, services or other benefits provided under this Agreement, (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided m a d�fferent manner, from those provided to others under this Agreement, (3) SubJect an md�v�dual to segregated or separate treatment m any facil�ty m, or in any matter if process related to rece�pt of any serv�ce or benefit under this Agreement, (4) Restr�ct an md�vidual m any way m access to, or tn the en�oyment of any advantage or privilege en�oyed by others m connection with any service or benefit under this agreement, (5) Treat anyone differently from others in determmmg if they satisfy any admisston, enrollment, eligibilrty, membership or other requirement or condit�on wh�ch the individual must meet to be provided a service or benefit under this Agreement, (6) Deny anyone an opportunity to participate in any program or activity as an employee wh�ch is d�fferent from that afforded others under this Agreement (B) The Agency shall ab�de by all applicable provistons of Section 504 of the HEW Rehabil�tat�on Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped mdividuals, and the Age Discr�m�nation Act of 1975 (implemented in 24 CFR part 146) prohibrtmg discriminat�on on the basis of age, either through purpose or mtent (C) If assignment and/or subcontractmg has been authonzed m writmg, said ass�gnment or subcontract shall mclude appropriate safeguards against discrimmation m client services bindmg up on each contractor or subcontractor The Agency shall take such action as may be required to ensure full compliance with the provisions of th�s section, including sanctions for noncompl�ance 10 SECTION 11. ARCffiTECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Agency shall meet the requirements, where applicable, of the Arclutectural Bamers Act and the Amencans w�th D�sabilrt�es Act, as set forth in 24 CFR 570 614 A bu�ldmg or facil�ty des�gned, constructed, or altered with funds aliocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of "resident�al structure" as defined m 24 CFR part 40 2 or the defimtion of "building" as defined m 41 CFR part 101-19.602(a) �s sub�ect to the requirements of the Archrtectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply w�th the Uniform Federal Access�bility Standards (Append�x 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 Amencans w�th Disabilrties Act ("ADA") (42 USC 12131, 47 USC 155, 210, 218 and 255) requires that the des�gn and construction of fac�littes for first occupancy after January 26, 1993 must include measures to make them read�ly accessible and usable by md�v�duals w�th disabilrties The ADA further requ�res the removal of architectural barriers and commumcat�on barriers that are structural �n nature m existing fac�lities, where such removal is readily ach�evable -- that �s, 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 activity m compliance w�th all Federal laws and regulations described m Subpart K of 24 CFR 570, regardless if the law ts specifically stated m th�s Agreement, except that (A) The Agency does not assume the Crty's environmental responsibilities descr�bed m Section 570 604, and (B) The Agency does not assume the City's responsibtlity for mrtiatmg the rev�ew process under Executive Order 12372 ARTICLE IV: GENERAL CONDITIONS SECTION 1. COMPLIANCE WITH LAWS The Agency, in performance of th�s Agreement, agrees to comply w�th 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, mcludmg but not lim�ted to Federal Commumty Development Block Grant Regulations, Washmgton Law Against Discriminat�on, and other polic�es and guidelmes establtshed for the Ctty of Bremerton CDBG Program by the Bremerton City Counc�l Agency agrees to comply w�th all provisions of the Americans Wrth Disabtlities Act and all regulations mterpreting or enforc�ng such act Agency agrees to comply with the National Environmental Policy Act (NEPA) through the entire course of the pro�ect SECTION 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtam at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certification and operat�on of facil�ties and programs, and accreditation and licensing, certification and operation of fac�lities and programs, and accreditation and licensing of individuals, and any other standards or cr�teria as described in the Agreement to assure quality of serv�ces 11 SECTION 3. INSURANCE Pr�or to commencmg work, Agency shall procure and ma►ntam at Agency's own cost and expense for the durat�on of the Agreement the followmg msurance placed w�th msurers with a mimmum Best's ratmg of A-, VI against claims for m�uries to persons or damages to property wh�ch may arise from or m connect�on wrth the performance of the work or services hereunder by the Agency, his agents, representatives, employees or subcontractors. Minimum Limits of Insurance. Agency shall mamta�n limits no less than Commercial General Laability One m�llion dollars ($1,000,000) combmed smgle l�m�t per occurrence for bod�ly m�ury and property damage, and two m�llion dollars ($2,000,000) aggregate Coverage shall be on an "occurrence" basis City of Bremerton shall be named, by endorsement, as an add�tional msured on the Agency's insurance policy as respects this contract Such msurance as carr�ed by the Agency is pr�mary over insurance carried by the City • Comprehensive Automobile Liabrlity Insurance One million dollars ($1,000,000) combmed smgle limit per accident for bodily m�ury/property damage • Workers' Compensation and Employer's Liabilrty Workers' Compensation coverage as required by the State of Washmgton Evidence of Agency's Insurance shall be presented to City of Bremerton Risk Management pnor to the execution of the agreement In the event of non-renewal, cancellation, or matenal change m coverage, thtrty (30) days written notice will be furnished to the City pnor to the date of cancellation, non-renewal or change SECTION 4. INDEMNITY The Agency agrees to defend, mdemmfy and save harmless the Crty, its appomted and elected officers and employees from and agamst any and all l�abilrty, loss, costs, damage and expense, includ�ng costs and attorney fees m defense thereof because of actions, claims or lawsu►ts for damages resultmg from personal or bodily in�ury, mcludmg death at any time resultmg from there, sustamed or alleged to have been susta�ned by any person or persons and on account of damage to property, arismg or alleged to have ansen directly or mdirectly out of or �n consequence of or the performance of this Agreement, whether such in�uries to persons or damage to property is due to the negligence of Agency, its subcontractors, agents, successor, assigns This prov�sion shall be mapplicable to the extent the Crty is�udtcially found solely negl�gent for such damage or m�ury SECTION 5. NOTICES Any not�ces requ�red to be given by the City to the Agency or by the Agency to the C�ty shall be m writmg and delivered to the following parties at the followmg addresses. City: CDBG Office Crty of Bremerton Communrty Development 345 6�' Street Suite 600 Agency: Boys & Girls Clubs of South Puget Sound Mark Starnes 3875 S 66�' Street Bremerton, WA 98337-1869 Tacoma, WA 98409 12 SECTION 6. CITIZEN PARTICIPATION The Agency will �mplement the provisions of this Agreement �n such a manner as not impede the attainment of widespread crtizen participation m plamm�g and carrymg out the project SECTION 7. ASSIGNMENT AND SUBCONTRACTING The Agency shall not ass�gn or subcontract any portion of the serv�ces provided w�thm the terms of this Agreement without obta�ning pr�or written approval from the City All terms and condittons 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 this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinyuishment of such right or power at any time be taken to be a waiver of any other breach. SECTION 9. AMENDMENTS TO AGREEMENT The part�es hereby further agree that this Agreement cannot be amended or modified without the wrttten 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 condittons of this Agreement or to provide m any manner the activ2ties or other performance as agreed to herem, the Crty reserves the r�ght to temporarily withhold all or any part of payment pendmg correction of the defic�ency, suspend all or part of the Agreement, prohibit the Agency from incurrmg addrtional obligat�ons of funds until the City is 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 m tieu of, the City's right to terminate as prov�ded m Article IV Section 11 of the General Condrtions of this Agreement. The City may cons�der performance under th�s Agreement when cons�dermg future awards SECTION 11. TERMINATION If the Agency fails to comply with the terms and conditions of th�s Agreement, the Crty may pursue such remedies as are available in accordance with 24 CFR 85 43 �ncludmg but not limited to, the termmat�on of this Agreement in the manner specified herem (A) Termmation for Cause — If the Agency fails to comply w�th the terms and cond�tions of th�s Agreement and any of the following conditions exist (1) The lack of compltance with 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 public mterest, (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authonzed representative withm the time specified by same, 13 (3) The Agency has failed within the time specified by the City or its authonzed representative to satisfactorily substant�ate its compliance w�th the terms and condit�ons of this Agreement T'he Crty may termmate tlus Agreement in whole or in part, and there upon shall notify in wnhng the Agency of the termmation, the reasons therefore, and the effective date The effective date shall not be prior to notification of the termmatton by the C�ty to the Agency Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically author�zed in wrrting by the Crty (B) Termination for Convemence The award may be termmated for converuence, m whole or m part, as follows (1) By the City wrth the consent of the Agency The two parties shall agree upon the termmation conditions, mcluding the effective date and in the case of partial termmation, the portion to be terminated, or (2) By the Agency upon submittmg wntten notification to the City The written notification must set forth the reasons for the termmation, the effective date, and in the case of partial termmation, the portion to be termmated However, m the case of a proposed partial termmation, the Crty may termmate the award m its entirety if the City determines that the remairung portion vv�ll not accomplish the purpose for which the award was made (C) Termmation for Wrthdrawal, Reduction or Limitation of Fundm� In the event that funding from the Federal government is wrthdrawn, reduced or limrted in any way after the effective date of tlus Agreement, and pnor to rts normal completion, the City may summar�ly termmate this Agreement as to the funds reduced or l�mited, notwithstandmg any other termmation provtsion of this Agreement If the level of fundmg so reduced or lim�ted �s so great that the Department of Community Development deems that the cont�nuation of the program covered by the Agreement �s no longer in the best mterest of the public, the City may summarily terminate thts Agreement m whole notw�thstandmg any other termmation provisions of this Agreement Termmation under this Section shall be effective upon receipt of written notice by the Agency or its representative SECTION 12. CLOSE-OUT Upon termmat�on of th�s Agreement, m whole or m part for any reason mcluding completion of the pro�ect, the followmg provisions shall apply (A) Upon written 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 submit wrtlun thirty (30) days after the date of expiration of tlus Agreement, all financial, performance and other reports required by tlus Agreement, and m addrtion, will cooperate m a program audrt by City of Bremerton or its designee, (C) Closeout of funds vv�ll not occur unless all reqwrements of 24 CFR 92 507 and all outstandmg issues with 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, swt m equrty, or other judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be inst�tuted only in the Supenor Court of the State of Washington, County of K�tsap It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, 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 th�s Agreement is held by the courts to be �llegal or in conflict wrth any law of the state where made, the validity of the remammg portions or prov�sions shall not be affected, and the rights and obligat�ons of the parties shall be construed and enforced as if the Agreement did not contam the particular part, term, or prov�sion held to be mvalid SECTION 15. INTEGRATED DOCUMENT This Agreement wrth any attachments const�tutes the entire agreement between the part�es and both part�es acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. AGENCY Boys & Girls Clubs of South Puget Sound : Mark Starnes, Execut�ve Director Date � r- � — � �- APPROVED AS TO FORM. .. . : ATTORNEY CITY OF BREIVIERTON, WASHINGTON Mar�e V�la, CDBG/HOME Admmistrator Patty Len�l ayor Date �'' � '� ` 2 15 INDEX TO CDBG AGREEMENT Article I. Project 1 Scope of Serv�ces 2 Project Description 3 Schedule of Complet�on 4 Term of Agreement 5 Program Reporting Article II. Financial Conditions 1 Budget and Compensat�on 2 Documentat�on of Costs and Other Financ►al Reporting 3 Reimbursement 4 Program Income Articte III. Federal Conditions 1 2 3 4 5 6 7 8 9 10 11. Benefit to Low Income People Umform Admm�strative Requirements Separation of Church and State Non-D�scrimmat�on m Employment and Purchasing Local Employment and Purchasing Conflict of Interest Dlsplacement, Relocat�on, Acquis�tion and Replacement of Housing Dav�s Bacon and Related Act Lead Based Paint Discrimmation Proh�bited Other Program Requ�rements Article IV. General Conditions 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15. Compl�ance with Laws Licensing and Program Standards Insurance Indemmty Not�ces Citizen Participation Assignment and Subcontracting Reservation of Rights Amendments to Agreement Fa�lure to Perform Termination Close-Out Venue and Choice of Law Severability Clause Integrated Document 16 AGENCY: Boys 8 Giris Clubs of South Puget Sound PROJECT: After-School and Summer Pro ram 2012 -#631218 PROJECT COSTS Total CDBG/HOME Other Other: Other: All Funds Funds Sources PERSONNEL mciudes Managers $70,000 00 $70,000 00 Staff $305,015 00 $10,000 00 $295,015 00 Taxes and Benefits/Pro Fees $89,350 00 $89,350 00 AMOUNT $464,365 00 $10,000 00 $0 00 $0 00 $454,365 00 SUPPLIES/EQUIPMENT includes Office Supplies $1,500 00 $1,500 00 Program Supplies $1,500 00 $1,500 00 AMOUNT $3,000 00 $0 00 $0 00 $0 00 $3,000 00 ADMINISTRATION mcludes Program Expenses $42,000 00 $42,000 00 Audit Insurance/Bonds PostagelPnnting Rent/Utdities $12,000 00 $12,000 00 Commurncation Tra�rnng/Travel $2,000 00 $2,000 00 Transportation $10,000 00 $10,000 00 AMOUNT $66,000 00 $0 00 $0 00 $0 00 $66,000 00 ACQUISITION COSTS mciudes Acquisit�on AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00 DEVELOPMENT SOFT COSTS includes Appraisai Design and A & E Processing/Settlement/financing Market�ng Operating Reserve AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00 DEVELOPMENT HARD COSTS mcludes Clearance/Demolition Construction Rehabditation Improvements AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00 OTHER COSTS inciudes Relocation Operating/Maintenance Expenses AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00 TOTAL PROJECT COSTS $533 365 00 $10,000 00 $0 00 $0 00 $523,365 00 17