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
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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 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.
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(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.
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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",
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(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"
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(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.
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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
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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
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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
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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
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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
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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,
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(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.
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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
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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
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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
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