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631510
KITSAP COMMUNITY RESOURCES
ASA - Baby Steps to Play
CDBG
GS50-01-11 Rev. 3 General
1/1/2015
12/31/2015
1/1/2016
�i�:�
Comments:
AGENCY SERVICE AGREEMENT
Between the City of Bremerton and Kitsap Community Resources
Contract # 631510
COMMUNITY DEVELOPMENT BLOCK GRANT
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B-15-MC-53-0011
AN AGREEMENT, by and between City of Bremerton hereinafter referred to as "City" and, Holly Ridge
Center, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under City of
Bremerton's Community Development Block Grant Program and establishing certain other terms and conditions of
operation.
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
SECTION 1. SCOPE OF SERVICES
The City, as recipient of a Community Development Block Grant (CDBG) from the United States
Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, in a
satisfactory and proper manner, as determined by the City, and the Agency hereby agrees to undertake, the tasks
necessary to conduct the program/project outlined in Exhibit "A".
SECTION 2. PROJECT SUMMARY
Project Name:
Funded Amount:
Action Plan Year:
Type of Project
Service Area:
Project Location
National Objective:
Basic Eligible Activity Citation:
Matrix Code:
Baby Steps to Play
$50,162
2015
Capital — Public Facility
Bremerton
5112 NW Taylor Rd, Bremerton, WA 98312
24 CFR 570.208(a)(2)(i) LMC
24 CFR 570.201(c) Public Facility
03M-ChildCare Centers
Ferformance Measures
Object of Activity: Suitable Living
Outcome:
SECTION 3. TERM OF AGREEMENT
Availability
The term of this Agreement is January 1, 2015 through December 31, 2015. 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
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Agreement shall cover the period that the Agency has control over Community Development Block Grant funds,
including program income.
SECTION 4. PROGRAM REPORTING
The Agency shall submit the Performance Report and the Demographic Report quarterly, as applicable,
due 10 days after the end of each quarter, as required by the City to meet its local obligations and its obligation to
the U.S. Department of Housing and Urban Development. The required report format is provided in EXHIBIT "B"
of this Agreement.
(A) Quarterly reports which shall include the progress made to date, or justification for lack of
progress, in providing the services specified in Article I, Section 1 Scope of Services, of this
Agreement according to the schedule for completion in Article 1 Section 3 Schedule for
Completion of this Agreement.
(B) Quarterly reports on demographic, neighborhood residence, and income information regarding
persons assisted by the Agency through this Agreement.
(C) Semi-Annual budget reconciliation which will compare your approved budget with actuals for
year-to-date.
(D) Close out reports including a final performance report, inventory of all property acquired or
improved with CDBG funds, and final financial report, upon termination or completion of the
award.
ARTICLE II. FINANCIAL CONDITIONS
SECTION 1. BUDGET AND COMPENSATION
The City shall reimburse the Agency using HUD funding for allowable costs, as determined by the City, in
an amount not to exceed Fifty Thousand One Hundred Sixty Two Dollars and No Cents ($50,162) for the
services described in EXHIBIT "A".
The City shall reimburse the Agency for the performance of this Agreement upon completion or partial
completion of the work tasks as accepted and approved by the City pursuant to the submittal of monthly progress
and demographic reports. Payments shall be made upon receipt of a proper invoice in the format provided in
EXHIBIT "C" of this Agreement.
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 EXHIBIT "D" and approved by the City
unless any or all such costs are disallowed by the State of Washington or the United States.
Any reimbursements made under this Agreement must comply with the applicable requirements of 24 CFR
Part 85. The Agency may not request disbursement of funds under this Agreement until the funds are needed for
payment of eligible costs. The amount of each request must be limited to the amount needed.
Proiect Buds�et:
See EXHIBIT "D", Project Budget
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 Pavments Are Made: Payments shall be made to: 5112 NW Taylor Rd, Bremerton, WA 98312
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The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget
Summary outlined in Exhibit D. Any request for a line-item expense change shall be submitted in writing and shall
specifically state the reasons for the requested increase and a justification for the corresponding decrease in other
line-item(s). All budget revision and/or amendment requests will be reviewed and approved or denied by the City.
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 in
whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the
City and United States shall have the right to audit the records of the Agency as they relate to the work. The
Agency shall also:
(A) Maintain an effective system of internal fiscal control and accountability 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 continuing record of all disbursements by date, check number, amount, vendor, description of items
purchased and line item from which money was expended, as reflected in the Agency's accounting
records. The line item 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 payment under this
Agreement provided that this program has been monitored by HUD and the annual State audit (which
included the CDBG Program), has been completed.
(D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by
representatives of the City the State Auditor or the United States at nay time during normal business hours
and as often as necessary.
(E) Inform the City concerning any funds allocated to the Agency, that the Agency anticipates will not be
expended during the Agreement period, and permit reassignment of the same by the City to other
agencies.
(F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due
to the City or the United States.
(G) Maintain complete records concerning the receipt and use of all program income. Program income shall be
reported on a monthly basis on forms provided by the City.
SECTION 3. REIMBURSEMENT
The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly
executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency's
application, approved by the City shall be paid consistent with Article II Section 2 Documentation of Costs and
Other Financial Reporting. The Amount of each request must be limited to the amount needed for payment of
eligible costs.
Notwithstanding any other provisions in this section, reimbursement for construction contracts shall have
ten percent (10°/a) of the payment retained until close out of funds pursuant to Article IV, Section 12 of this
Agreement.
In the event the City or United States determines any funds were expended by the Agency for unauthorized
or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States
may order repayment of the same. The Agency shall remit the disallowed amount to the City within thirty (30) days
of written notification of the disallowance.
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(A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will
be subject to cancellation by the City.
(B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds.
(C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available
for any cause other than misfeasance of the City itself.
(D) The City reserves the right to withhold payments pending timely delivery of program reports or documents
as may be required under this Agreement.
SECTION 4. PROGRAM INCOME
❑ This project shall not generate any program income
❑ This project may generate 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.
If authorized above, program income generated from the use of CDBG funds that is allowed to be retained by the
Agency will be considered additional CDBG funds, subject to all conditions applicable to the use of funds described
in this Agreement. All program income shall be substantially disbursed for eligible activities before additional
requests for reimbursement are made to the City. Program income not used in this manner shall be returned to the
City. Complete records shall be maintained on the receipt and use of all program income. Any program income on
hand when this Agreement is terminated, or received after such termination, shall be reimbursed to the City.
SECTION 5. REVERSION OF ASSETS
The use and disposition of real property and equipment under this Agreement shall be in compliance with
the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which
include but are not limited to the following:
The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable
attributable to the use of funds under this Agreement at the time of expiration, cancellation, or
termination.
Real property under the SubrecipienYs control that was acquired or improved, in whole or in part, with
funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National
Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement (or such
Ionger period of time as the Grantee deems appropriate].
Activity CDBG Investment Minimum Years
Amount* Restricted
Rehabilitation or Acquisition of Less than $15,000 5 Years
existing facilities or housing $15,000 -$40,000 10 Years
(including homeownership Greater than $40,000 15 Years
assistance)
New Construction or
Acquisition of land for new Any $ amount 20 Years
construction
* Investment Amount is per facility, or if housing, per unit for single family housing
If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National
Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to
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the current fair market value of the property less any portion of the value attributable to expenditures of
non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute
program income to the Grantee. The Subrecipient may retain real property acquired or improved under
this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee
deems appropriate].
In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the
proceeds shall be program income (prorated to reflect the extent to that funds received under this
Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities
under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after
compensating the Grantee [an amount equal to the current fair market value of the equipment less the
percentage of non-CDBG funds used to acquire the equipment].
ARTICLE III. FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
All Agencies providing direct benefit services shall provide such services to benefit very low and low
income persons to the maximum extent feasible (but not less than 51 %). Individual persons or families provided a
specific direct benefit or service must qualify under Federal Section 8 income limits as established by HUD. Any
deviation can be made only if it is clear that the service or benefit, to a person who income exceeds very low and
low income persons, is otherwise necessary as an integral part of the activity. The Agency shall maintain records
that clearly document the income range and households size of the persons it serves. Furthermore, the Agency
shall maintain records documenting if the person being served is a female head of household, is handicapped,
and/or is an ethnic/racial minority.
SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) Agencies which are governmental entities (including public agencies), shall comply with the requirements
and standards of OMB Circular No. A-87, "Principles for Determining Costs applicable to Grants and
Contracts with 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 sections
of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments":
(1) Section 85.3, "Definitions";
(2) Section 85.6, "Exceptions";
(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, "PaymenY', except as modified by part 570.513;
(6) Section 85.22, "Allowable costs";
(7) Section 85.26, "Non-federal audits";
(8) Section 85.32, "EquipmenY', except in all cases in which the equipment is sold, the proceeds shall
be program income;
(9) Section 85.33, "Supplies";
(10) Section 85.34, "Copyrights";
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(11) Section 85.35, "Subawards to debarred and suspended parties';
(12) Section 85.36, "ProcuremenY', except paragraph (a);
(13) Section 85.37, "Subgrants " ;
(14) Section 85.40, "Monitoring and reporting program performance ", except paragraphs (b) through (d)
and (f);
(15) Section 85.41, "Financial reporting ", except paragraphs (a), (b), and (e) ;
(16) Section 85.42, "Retention and access requirements for records", except that the period shall be
four (4) years;
(17) Section 85.43, "EnforcemenY';
(18) Section 85.44, "Termination for convenience";
(19) Section 85.51, "Later disallowances and adjustment"; and
(20) Section 85.52, "Collection of amounts due".
(B) Agencies, except Agencies which are governmental entities, shall comply with the requirements and
standards of OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular No.
A-21, "Cost Principles for Educational Institutions, as applicable, and OMB Circular A-133 "Audits of
Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45). Audits
shall be conducted annually. Such agencies shall also comply with the following provisions of the Uniform
Administrative requirements of OMB Circular No. A-110 (implemented at 24 CFR part 84, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or
Other Non-Profit Organizations") or the related CDBG provision, 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 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 sharing and Matching":
(iii) Section 84.24, "Program Income." In lieu of §84.24, CDBG subrecipients shall follow
§570.504;
(iv) Section 84.25, "Revision of Budget and Program Plans":
(v) Section 84.32, "Real Property." In lieu of §84.32, CDBG subrecipients shall follow
§570.505;
(vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of §84.34(g), the
following applies:
(A) In all cases in which equipment is sold, the proceeds shall be program income
(prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and
(B) Equipment not needed by the subrecipient for CDBG activities shall be transferred to
the recipient for the CDBG program or shall be retained after compensating the recipient;
(vii) Section 84.51 (b), (c), (d), (e), (f); (g), and (h), "Monitoring and reporting Program
Performance";
(viii) Section 84.52, "Financial Reporting";
(ix) Section 84.53(b), "Retention and access requirements for records." Section 84.53(b)
applies with the following exceptions:
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(A) The retention period referenced in §84.53(b) pertaining to individual CDBG activities
shall be four years; and
(B) The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for
the final time rather than from the date of submission of the final expenditure report for the award;
(x) Section 84.61, "Termination." In lieu of the provisions of §84.61, CDBG subrecipients
shall comply with §570.503(b)(7); and
(xi) Subpart D-"After-the Award Requirements," except for §84.71, "Close-out
Procedures."
SECTION 3. SEPARATION OF CHURCH AND STATE
In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of
services utilizing CDBG funds the Agency agrees that, in connection with such services:
(A) It will not discriminate against any employee or applicant for employment on the basis of religion and will
not limit such services or give preference to persons on the basis of religion;
(B) It will not discriminate against any person applying for such public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion;
(C) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no
religious proselytizing, and exert no other religious influence in the provision of such services;
(D) The portion of a facility used to provide services assisted in whole or in part under this Agreement shall
contain no sectarian or religious symbols or decorations while it is being used to provide CDBG funded
services.
SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING
The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the
regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated
against on the basis of race, color, religion, sex, or national origin in all phases of employment during the
performance of Federal or federally assisted construction contracts. The Agency shall take affirmative action to
ensure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship.
Specifically, the Agency shall ensure that provisions as follows are included in all construction contracts
awarded in excess of $10,000 and monitor compliance:
(A) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
(B) The Contractor will send to each labor union or representative of workers with which he had a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union of workers' representative of the contractor's commitments under Section
202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(C) The Contractor will furnish all information 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 permit
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(D) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with
any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in
whole or in part and the Contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
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sanctions in Executive 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 include the provisions of this Section (Article III (4)) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of executive Order 11246 of September 24, 1965, so that such provisions will be binding 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 enforcing such provisions including
sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may
request the United States to enter into such litigation to protect the interests of the United 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 in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development
issued there under. The Agency agrees that they are under no contractual or other disability which would prevent
them from complying with these requirements.
Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given
to lower income residents of the project area and agreements for work in connection with the project be awarded to
business concerns which are located in or owned in substantial part by persons residing in, the area of the project.
Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with
the expenditure of housing assistance and community development assistance that is used for the following
projects: 1. Housing rehabilitation (including reduction and abatement of lead based paint hazards, but excluding
routine maintenance repair and replacement); 2. Housing construction; and 3. other public construction.
SECTION 6. CONFLICT OF INTEREST
No member, officer, or employee of the Agency, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public official of such locality or localities who
exercises any function or responsibilities with respect to the program during his tenure or for one year thereafter,
shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof.
The Agency shall take appropriate steps to assure compliance including incorporation of the following
provision in every Subcontract:
The Contractor covenants that no person who presently exercises any functions or responsibilities in
connection with the City of Bremerton CDBG Program will obtain a personal or financial interest from the
CDBG assisted activity. The Contractor further covenants that he/she presently has no interest in, nor shall
he/she acquire any interest, direct or indirect, either for themselves or those with whom they have
business, or family, which would conflict in any manner or degree with the performance of his/her services
hereunder. The contractor further covenants that in the performance of this Agreement any potential
conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency and the City.
SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT
OF HOUSING
The Agency shall comply with the requirements relating to displacement, relocation, acquisition and
replacement of housing (24 CFR Part 570.606). Displacement of persons (families, individuals, businesses, non-
profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all
instances must receive prior written approval from the City.
SECTION 8. DAVIS BACON AND RELATED ACTS
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The Agency shall comply with the requirements of the Davis-Bacon and Related Acts (DBRA) as outlined in
29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted,
and involves the employment of laborers and/or mechanics 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 elimination, as far as practical, of immediate hazards, due to the
presence of paint in residential structures which may contain 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 origin, creed, marital status, or
age:
(1) Deny a qualified individual any facilities, 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 in
a different manner, from those provided to others under this Agreement;
(3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if
process related to receipt of any service or benefit under this Agreement;
(4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege
enjoyed by others in connection with any service or benefit under this agreement;
(5) Treat anyone differently from others in determining if they satisfy any admission, enrollment,
eligibility, membership or other requirement or condition which 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 which is
different from that afforded others under this Agreement. .
(B) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973
as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals,
and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the
basis of age, either through purpose or intent.
(C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall
include appropriate safeguards against discrimination in client services binding up on each contractor or
subcontractor. The Agency shall take such action as may be required to ensure full compliance with the
provisions of this section, including sanctions for noncompliance.
SECTION 11. ARCHITECTURAL BARRIERS ACTIAMERICANS WITH DISABILITIES ACT
The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans
with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with
funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of
"residential structure" as defined in 24 CFR part 40.2 or the definition of "building" as defined in 41 CFR part 101-
19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall
comply with the Uniform Federal Accessibility 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 buildings). The Americans with
Disabilities Act ("ADA") (42 USC 12131; 47 USC 155, 210, 218 and 255) requires that the design and construction
of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and
usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and
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communication barriers that are structural in nature in existing facilities, where such removal is readily achievable --
that is, easily accomplishable and able to be carried out without much difficulty or expense.
SECTION 12. OTHER PROGRAM REQUIREMENTS
The Agency shall carry out each activity in compliance with all Federal laws and regulations described in
Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that:
(A) The Agency does not assume the City's environmental responsibilities described in Section 570.604; and
(B) The Agency does not assume the City's responsibility for initiating the review process under Executive
Order 12372.
ARTICLE IV: GENERAL CONDITIONS
SECTION 1. COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and
Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and
Urban Development, including but not limited to Federal Community Development Block Grant Regulations,
Washington Law Against Discrimination, and other policies 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 National
Environmental Policy Act (NEPA) through the entire course of the project.
SECTION 2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, City
or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and
licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in the Agreement to assure quality of services.
SECTION 3. INSURANCE
Prior to commencing work, Agency shall procure and maintain at Agency's own cost and expense
for the duration of the Agreement the following insurance placed with insurers with a minimum BesYs rating of A-,
VI against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work or services hereunder by the Agency, his agents, representatives, employees or
subcontractors.
Minimum Limits of Insurance. Agency shall maintain limits no less than:
• Commercial General Liability: One million dollars ($1,000,000) combined single limit per occurrence for
bodily injury and property damage, and two million dollars ($2,000,000) aggregate. Coverage shall be on
an "occurrence" basis. City of Bremerton shall be named, by endorsement, as an additional insured on the
Agency's insurance policy as respects this contract. Such insurance as carried by the Agency is primary
over insurance carried by the City.
• Comprehensive Automobile Liability Insurance: One million dollars ($1,000,000) combined single limit per
accident for bodily injury/property damage.
• Workers' Compensation and Employer's Liability.� Workers' Compensation coverage as required by the
State of Washington.
Page 10 � 2015 Subrecipient Agreement — Holly Ridge / Baby Steps
Additiona/ Insured. The City, its officers, officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the Agency and a copy of
the Certificate of Insurance and the endorsement naming the City as additional insured shall be presented to the
City of Bremerton Risk Management prior to the execution of the agreement. The Agency's insurance shall be
primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice of
any non-renewal, cancellation, suspension or material change in coverage.
SECTION 4. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the City, its appointed and elected officers and
employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney
fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury,
including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in
consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is
due to the negligence of Agency, its subcontractors, agents, successor, assigns. This provision shall be
inapplicable to the extent the City is judicially found solely negligent for such damage or injury.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE AGENY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
SECTION 5. NOTICES
Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing
and delivered to the following parties at the following addresses:
City:
CDBG Office
City of Bremerton Community Development
345 6 Street, Suite 600
Bremerton, WA 98337-1869
Agency:
Roxanne Bryson, Executive Director
Holly Ridge Center
5112 NW Taylor Rd
Bremerton, WA 98312
SECTION 6. CITIZEN PARTICIPATION
The Agency will implement the provisions of this Agreement in such a manner as not impede the
attainment of widespread citizen participation in planning and carrying out the project.
SECTION 7. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided within the terms of this
Agreement without obtaining 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 insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not
be deemed a waiver of such, nor shall any waiver or relinquishment 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 written
concurrence of both parties.
Page 11 � 2015 Subrecipient Agreement — Holly Ridge / Baby Steps
SECTION 10. FAILURE TO PERFORM
In the event of a failure by the Agency to comply, with any terms or conditions of this Agreement or to
provide in any manner the activities or other performance as agreed to herein, the City reserves the right to
temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the
Agreement, prohibit the Agency from incurring additional obligations 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 is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV
Section 11 of the General Conditions of this Agreement. The City 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 City may pursue such
remedies as are available in accordance with 24 CFR 85.43 including but not limited to, the termination of this
Agreement in the manner specified herein.
(A) Termination for Cause — If the Agency fails to comply with the terms and conditions of this Agreement and
any of the following conditions exist:
(1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the
City deems cont+nuation of this Agreement to be substantially non-beneficial to the public interest;
(2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized
representative within the time specified by same;
(3) The Agency has failed within the time specified by the City or its authorized representative to
satisfactorily substantiate its compliance with the terms and conditions of this Agreement.
The City may terminate this Agreement in whole or in part, and there upon shall notify in writing the Agency
of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification
of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after
termination of the Agreement are not allowable unless specifically authorized in writing by the City.
(B) Termination for Convenience
The award may be terminated for convenience, in whole or in part, as follows:
(1) By the City with the consent of the Agency. The two parties shall agree upon the termination
conditions, including the effective date and in the case of partial termination, the portion to be
terminated, or
(2) By the Agency upon submitting written notification to the City. The written notification must set
forth the reasons for the termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, in the case of a proposed partial termination, the City may
terminate the award in its entirety if the City determines that the remaining portion will not
accomplish the purpose for which the award was made.
(C) Termination for Withdrawal, Reduction or Limitation of Fundinq
In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the
effective date of this Agreement, and prior to its normal completion, the City may summarily terminate this
Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this
Agreement. If the level of funding so reduced or limited is so great that the Department of Community
Development deems that the continuation of the program covered by the Agreement is no longer in the
best interest of the public, the City may summarily terminate this Agreement in whole notwithstanding any
Page 12 � 2015 Subrecipient Agreement — Holly Ridge / Baby Steps
other termination provisions of this Agreement. Termination under this Section shall be effective upon
receipt of written notice by the Agency or its representative.
SECTION 12. CLOSE-OUT
Upon termination of this Agreement, in whole or in part for any reason including completion of the project,
the following provisions shall apply:
(A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable
reimbursable costs not covered by previous payments;
(B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial,
performance and other reports required by this Agreement, and in addition, will cooperate in a program
audit by City of Bremerton or its designee,
(C) Closeout of funds will not occur unless all requirements of 24 CFR 92.507 and all outstanding issues with
the general contractor and or subcontractor have been resolved to the satisfaction of the City.
SECTION 13. VENUE AND CHOICE OF LAW
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement
or any provisions thereof shall be instituted only in the Superior Court of the State of Washington, County of Kitsap.
It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington,
both as to interpretation and performance.
SECTION 15. 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 illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions
shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
SECTION 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 in the text
of this Agreement.
AGENCY:
oxan ryson, Ex Director
Date: ��,�� � � �
CITY OF BREMERTON, WASHINGTON
Sarah Achaoui, CDBG/HOME Administrator
Patty Lent, Mayor
APPROVED AS TO FORM:
BREMERTON CITY ATTORNEY
BY
Page 13 � 2015 Subrecipient Agreement — Holly Ridge / Baby Steps
INDEX TO CDBG AGREEMENT
Article I. Project
1. Scope of Services
2. Project Description
3. Term of Agreement
4. Program Reporting
5. Reversion of Assets
Article II. Financial Conditions
1. Budget and Compensation
2. Documentation of Costs and Other Financial Reporting
3. Reimbursement
4. Program Income
Article III. Federal Conditions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Benefit to Low Income People
Uniform Administrative Requirements
Separation of Church and State
Non-Discrimination in Employment and Purchasing
Local Employment and Purchasing
Conflict of Interest
Displacement, Relocation, Acquisition and Replacement of Housing
Davis Bacon and Related Act
Lead Based Paint
Discrimination Prohibited
Architectural Barriers Act/Americans with Disabilities Act
Other Program Requirements
Article IV. General Conditions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
15
16
Compliance with Laws
Licensing and Program Standards
Insurance
Indemnity
Notices
Citizen Participation
Assignment and Subcontracting
Reservation of Rights
Amendments to Agreement
Failure to Perform
Termination
Close-Out
Venue and Choice of Law
Severability Clause
Integrated Document
EXHIBITS
A. Scope of Services
B, Reporting
C. Voucher Request for Reimbursement
D. Project Budget
Page 14 � 2015 Subrecipient Agreement — Holly Ridge / Baby Steps
other termination provisions of this Agreement. Termination under this Section shall be effective upon
receipt of written notice by the Agency or its representative.
SECTION 12. CLOSE-OUT
Upon termination of this Agreement, in whole or in part for any reason including completion of the project,
the following provisions shall apply:
(A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable
reimbursable costs not covered by previous payments;
(B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial,
performance and other reports required by this Agreement, and in addition, will cooperate in a program
audit by City of Bremerton or its designee,
(C) Closeout of funds will not occur unless all requirements of 24 CFR 92.507 and all outstanding issues with
the general contractor and or subcontractor have been resolved to the satisfaction of the City.
SECTION 13. VENUE AND CHOICE OF LAW
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement
or any provisions thereof shall be instituted only in the Superior Court of the State of Washington, County of Kitsap.
It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington,
both as to interpretation and performance.
SECTION 15. 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 illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions
shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
SECTION 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 in the text
of this Agreement.
AGENCY:
Roxan
Date: � � �'"��
APPROVED AS TO FORM:
BREMERTON CITY ATTORNEY
I OF BREMERTON, WASHINGTON
^,���1
Sara Achaoui, CDB /HOME dministrator
�
Patty Lent, or
Date: a �� � ��
BY 3 D i.�'
Page 13 � 2015 Su reci ' nt Agreement — Holly Ridge / Baby Steps
INDEX TO CDBG AGREEMENT
Article I. Project
1. Scope of Services
2. Project Description
3. Term of Agreement
4. Program Reporting
5. Reversion of Assets
Article II. Financial Conditions
1. Budget and Compensation
2. Documentation of Costs and Other Financial Reporting
3. Reimbursement
4. Program Income
Article III. Federal Conditions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Benefit to Low Income People
Uniform Administrative Requirements
Separation of Church and State
Non-Discrimination in Employment and Purchasing
Local Employment and Purchasing
Conflict of Interest
Displacement, Relocation, Acquisition and Replacement of Housing
Davis Bacon and Related Act
Lead Based Paint
Discrimination Prohibited
Architectural Barriers AcUAmericans with Disabilities Act
Other Program Requirements
Article IV. General Conditions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
15.
16.
Compliance with Laws
Licensing and Program Standards
Insurance
Indemnity
Notices
Citizen Participation
Assignment and Subcontracting
Reservation of Rights
Amendments to Agreement
Failure to Perform
Termination
Close-Out
Venue and Choice of Law
Severability Clause
Integrated Document -
EXHIBITS
A. Scope of Services
B. Reporting
C. Voucher Request for Reimbursement
D. Project Budget
Page 14 � 2015 Subrecipient Agreement - Holly Ridge / Baby Steps
EXHIBIT A— SCOPE OF SERVICES
Holly Ridge Center
A. Proiect Descriqtion
Baby Steps to Play will renovate the existing playground at Taylor Ave location with one that is
specifically designed to meet and exceed ADA requirements, and provide specific physical,
cognitive, and behavioral stimuli for special needs children
B. Proiect Scope / Tasks:
� Facilitate NEPA review of project prior to proceeding with any choice-limiting activity
2 Facilitate City compliance with Davis Bacon prevailing wage and related reviews
Procure bids for General Contractor by obtaining at least three bids, and document solicitation
3 rocess.
7 Obtain all necessary permits
g Demolition of existing playground, and construction of new playground.
12 Submit uarterl re orts and billin vouchers in a timel manner
13 Submit hotos JPEG of the ro'ect in action with our final uarterl re ort
C. Proiect Milestone Schedule
The time frame for completion of the outlined activities shall be:
Milestone / Task Start Date End Date
NEPA review 5/11/2015 6/30/2015
Procure Contractor 4/1/2015 6/30/2015
Pre-construction Conference; ongoing DBRA compliance
Groundbreaking and demolition 9/8/2015 9/15/2015
Construction of new playground 9/16/2015 10/6/2015
Completion and closeout 10/7/2015 10/13/2015
If any of these activities exceed the timelines by two months, a revised work schedule must be submitted to City.
Dates have changed due to Public School/ US Naval playgrounds completions.
2015 Subrecipient Agreement — HR / Baby
EXHIBIT B: REPORTING - PerFormance
CITY CONTRACT #:
631510
CITY OF BREMERTON / KITSAP COUNTY
Quarterly PerFormance Report
BLOCK GRANT PROGRAMS
KC CONTRACT #:
QTR 1 ❑
Jan-Mar, due 4/10
QTR 2❑ QTR 3❑ QTR 4❑
Apr-Jun, due 7/10 Jul-Sep, due 10/10 Oct-Dec, due 1/10
REPORTING PERIOD
AGENCY:
PROJECT:
Prepared By / ph one # or email:
Submission Date:
1. Progress Reporting: Describe the progress made to date toward the "Scope of Services" portion of the
Subrecipient Agreement. This includes, but is not limited to, staffing, administrative, programmatic, schedule,
and funding impacts. Be specific. (For housing programs, include the address below.)
2. Housing Program Beneficiary Reporting: list all households served this quarter (for housing projects only)
Household Name surname Address Cit -State-Zi
Authorized Signature (as set forth in the agreement) Date
Emailed reports represent an electronic signature—p/ease fype your name and the dafe above. You may submit
your quarterly reporf by e-mail (as a Microsoft Word attachment) to your contact person's email address.
HOME PROGRAM RECIPIENTS: A HOME Completion Report will be required for each HOME assisted unit,
Please contact your Block Grant contract person for this report when you have determined the HOME occupant.
Holly Ridge Center
Babv Steps to Plav
2014 Subrecipient Agreement – HR - Baby
BLOCK GRANT PROGRAMS
QUARTERLY DEMOGRAPHIC STATISTICS REPORT - LOW-MOD CLIENTELE (LMH)
DIRECT BENEFIT ACTIVITIES BY HOUSEHOLD
Quarterly Reports a2 due 6y the 15fh day of fhe monfh Iollowing a quarte/s end
PLEASE CALL YOUR CDBG CONTACT PERSON IF YOU DO NOT HAVE THE CURRENT HUD INCOME LIMITS SUMMARY
EXHIBIT C - VOUCHER
Voucher Reimbursement Request
Housing and Community Development Block Grant Program
To: City of Bremerton From:
Community Development
Contact: Holly Ridge Center
Attn: CDBG Staff Address: 5112 NW Taylor Road
345 6th Street, Ste 600 Bremerton, WA 98312
Brem WA 983
This voucher reimbursement is for activities/services rendered under the housing and community development
Date: Contract # 631510
Project Name: Baby Steps to Play
Voucher#: *Request Period:
*NOTE: request period must be after notice to proceed date
Check here if this is a final reimbursement request. �
Revised Total
Total Prior Total This Award Balance
Cost Categories Budget Award Budget' Requests Request Requested to Remaining
(if applicable) date
� Personnel Services
$ - $ - $ - $ - $ -
2 Office or Operating
Supplies $ _ $ $ $ $ _
3 Administration
$ - $ - $ - $ - $ -
4 Indirect Admin
Expenses (specity) $ _ $ _ $ _ $ $ _
Real Property
5 Acquisition
(document) $ _ $ _ $ _ $ _ $ _
Consultant or
6 Purchased Services
(submit
documentation) $ - $ - $ - $ - $ _
Other Development
7 Soft Costs (submit
receipts) $ _ $ _ $ _ $ _ $ _
Construction Hard
$ Costs, playground
fixrtures (document) $ 48,814.00 $ - $ - $ - $ 48,814.00
9 Other (detail)
$ 2,748.00 $ - $ - $ - $ 2,748.00
Grand Total $ 51,562.00 $ - $ - $ - $ 51,562.00
I CERTIFY THAT THE ABOVE COSTS IN THE AMOUNT OF $0.00
HAVE BEEN INCURRED AND PAYMENT HAS BEEN MADE OR IS NOW DUE.
AUTHORIZED SIGNATURE (AS SET FORTH IN THE AGREEMENT)
*All budget revisions must receive CDBG approval
2014 Subrecipient Agreement - HR - Baby
EXHIBIT D: PROJECT BUDGET
AGENCY: Holly Ridge Center
PROJECT: Bab Steps to Play PROJECT #: 631510
CITY COUNTY
TOTAL ALL CDBGIHOME CDBG/HOME
PROJECT COSTS FUNDS FUNDS FUNDS OTHER FUNDS
PERSONNEL includes:
Managers & Staff $ 8,211.00 $ - $ - $ 8,211.00
Taxes and Benefits $ 1,724.00 $ - $ - $ 1,724.00
AMOUNT $ 9,935.00 $ - $ - $ 9,935.00
SUPPLIES/EQUIPMENT includes: $ _
Office Supplies $ _ � _ $ _ � _
Equipment $ _ $ _ $ _ � _
AMOUNT $ _ $ _ $ _ $ _
ADMINISTRATION includes:
Advertising/Marketing $ 149.OQ $ - $ - $ 149.00
AudiUAccounting $ _ � _ $ _ � _
Communication $ _ $ _ $ _ g _
Fees & Taxes $ _ $ _ $ _ $ _
Indirect Administrative Expenses $ 14,218.00 $ - $ - $ 14,218.00
Insurance/Bonds $ _ $ _ $ _ $ _
Legal Services $ _ $ _ $ _ $ _
Training/Travel $ _ $ _ � _ $ _
Transportation $ _ � _ $ _ $ _
AMOUNT $ 14,367.00 $ - $ - $ 14,367.00
HARD COSTS
Clearance/Demolition $ 8,818.00 $ - $ - $ 8,818.00
ConstructionlRehab $ 28,338.00 $ 20,625.00 $ - $ 7,713.00
Other: Purchase of playground fixtures $ 79,068.00 $ 28,189.00 $ - $ 50,879.00
AMOUNT $ 116,224.00 $ 48,814.00 $ - $ 67,410.00
OTHER
Other (estimate price increase ! tax) $ 18,313.00 $ 2,748.00 $ - $ 15,565.00
AMOUNT $ 18,313.00 $ 2,748.00 $ - $ 15,565.00
TOTAL PROJECT COSTS $ 158,839.00 $ 51,562.00 $ - $ 107,277.00