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HomeMy WebLinkAbout3025 RESOLUTION NO. 3Da~ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Neighborhood Enhancement Program. WHEREAS, the City of Bremerton recognizes that improvement and development of its neighborhood communities is critical to the long term appeal and dynamic growth ofthe City; and WHEREAS, the City of Bremerton recognizes that an investment in its neighborhoods is a good public investment in community development and revitalization; and WHEREAS, the City of Bremerton seeks to offer small, competitive grants of up to $5,000 to neighborhood groups willing to organize, plan and carry-out a public project creating physical improvements in their neighborhood; and .. . WHEREAS, neighborhood groups will be required to make a matching contribution of one dollar for each grant dollar, payable through volunteer labor, cash donations, and/or in-kind contributions and donated professional services; and WHEREAS, the City of Bremerton will commence the Neighborhood Enhancement Program with an initial investment of up to $20,000 ofCDBG program income from the Housing Rehabilitation Loan Program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The Neighborhood Enhancement Program set forth in Exhibits A through C attached hereto is hereby adopted as the City of Bremerton's Housing Rehabilitation Loan Program. SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 Neighborhood Enhancement Program SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council ofthe City ofBremerton, Washington this ~ day of ~.4~ ,2007. , . . APPROVED AS TO FORM: ~~~ R ER A. LVBOVIC; ~mey resident R: \Legal\Legal\Reso 1 utions\Communi ty Devel opment\N eighborhood Enchancement Program doc 2 Neighborhood Enhancement Program EXHIBIT A Neighborhood Enhancement Program February 21, 2007 PROGRAM DESCRIPTION I. Proqram Summary The Neighborhood Enhancement Program provides small matching grants to community groups seeking to create physical improvements in their neighborhoods. Through these grassroots projects the City aims to trigger community-mindedness and pride that will make a positive difference to the City as a whole. II. Community qoals: Exerpted from City of Bremerton Comprehensive Plan, CC4, adopted December 2004 (CC4) Goal to "create distinctive growth, with viable neighborhoods and centers that provide greater choice and convenience". · Bremerton's neighborhoods and communities direct the City's future growth · The City will provide a leadership towards achieving cohesive, stable neighborhoods. III. Proqram Obiectives · Create a neighborhood community improvement that provides a broad public benefit · Inspire ongoing, active community-mindedness in the neighborhoods and City . Encourage resident-business partnerships · Enhance the character and livability of our neighborhoods IV. Proqram Elements: A. Program Administrator: City of Bremerton Department of Community Development for the Office of the Mayor B. Use of Funds · Small grants to local, grass roots or neighborhood organizations for eligible projects · Associated administration costs, if applicable (recordkeeping and tax filing fees) · May NOT be used for personal benefit C. Target Areas for Assistance 1. All areas within Bremerton are eligible for assistance under the Program 2. All things equal, selection criteria will award preference to the following areas: · Designated Neighborhood Centers · Designated Blight Zones D. Grant Details 1. 2006 Neighborhood Grant Fund: $20,000 2. Maximum Neighborhood Enhancement Grant Award: $5,000 3. Match Requirement: $1 for each award dollar, payable as follows: · Volunteer Labor credited at $15/hour · Donated Skilled Labor (donated at reasonable and customary rate) · Donated Professional Services (donated at reasonable and customary rate) · Supplies, tools, cash Page 1 E. Eligible Neighborhood Grant Award Applicants 1. Must be inclusive, with open membership and active recruitment of new members to encourage neighborhood resident involvement 2. May not discriminate on the basis of race, color, religion, sex, sexual preference, or national origin 3. Must be resident of the City of Bremerton, or organizations representing City of Bremerton constituents · Neighborhood or Community based organizations · Ad-hoc groups of neighbors coming together for purpose of project; an individual may apply if support of neighborhood is demonstrated · Association of residents and/or businesses from a certain geographic location · Bremerton-based Non-Profit 501 (c)(3) Business · Local Business Associations · Non-Profit 501 (c)(4) area civic groups promoting social welfare · Special interest groups may apply under the following conditions: ./ required to include residents of neighborhood geographic area ./ May not use project as forum for special interest activities 4. The following are NOT eligible applicants: · Individual persons or individual businesses · Government agencies · Non-local organizations F. Eligible Projects 1. Seek to create a stronger, healthier community 2. Provide a public benefit, resulting in a product that benefits a geographic neighborhood 3. Emphasize self-help; i.e. neighbors/community members doing for themselves, in partnership with other local organizations and local government 4. Involve neighbors/members of the community in planning and implementing the project 5. Project site restricted to: · City owned; City Right-of-Way-with Public Works approval · City Parks-with City Parks approval · Public School Property in partnership with the Bremerton School District · Site may not be privately owned · Neighborhood Enhancement Grant funds may not be used for the following: · Duplicate an existing public or private program · Support ongoing programs or services · Replace funding lost from other sources, or provide gap funding · Pay for an organization's operating expenses that are not directly related to the awarded project G. Expenses 1 . Eligible Expenses · Planning, design, administration-1 0% maximum Page 2 · Supplies, equipment rental, materials, other project-related hard costs- minimum 87% · Fiscal Sponsor Fee-3% maximum fee based on total grant award 2. Ineligible Expenses · Purchase land or buildings · Pay for food, beverages, and/or catering expenses · Pay for out of City travel expenses · Pay for expenditures or financial commitments made before the organization is under contract with the City of Bremerton H. Other Compliance Requirements . Environmental Review-site visit required for application finalists . Health and Safety Review-for certain project (such as soil testing for a proposed vegetable garden site) . Davis-Bacon compliance for construction projects where fund are used to hire laborers or mechanics under a contract exceeding $2,000' Page 3 EXHIBIT B Neighborhood Enhancement Program February 21, 2007 PROGRAM ADMINISTRATION I. Application A. Information and Assistance 1. Application and Informational Packet 2. Informational and Grant Writing Tips Workshop 3. Community Development staff available for questions and additional assistance B. Application for Grant Funding 1. Shall be provided by City Department of Community Development or Mayor's Office; program information and application guidance will be available from City DCD 2. Application is due in the Department of Community Development office on announced due date and time. No late submissions accepted; postmarks are not valid proof of timely submission. 3. Complete applications shall include: · Application Form, including proposed project budget and completion schedule . Fiscal Sponsor Commitment . Match and Volunteer Commitment Form . Adjacent Property Owner Acknowledgement II. Proiect Selection Process A. Selection Criteria (includes but is not limited to) 1. Community Benefit: · Project proposes a good approach toa neighborhood problem; it addresses a clear and pressing need · Project shows a clear benefit that can be shared by a wide variety of people 2. Community Participation: . Project includes opportunities to involve neighbors from conception to implementation . Project has clear support form surrounding neighbors and businesses 3. Location: · With all other factors equal, preference will be given to proposals located in areas of greatest need based on: · Comprehensive plan call-out area (neighborhood center) · Designated Blight Zone 4. Matching Contribution . Matching contributions are realistic and appropriate to the project .' Neighborhood contribution for match is documented and confirmed . At least 30% of match derived from neighborhood sources Page 1 · Multiple match sources strongly encouraged 5. Partnerships: · Project has partnered with one or more local businesses, agencies, and non-profits to support project success · Project has brought together diverse components of the Bremerton and neighborhood communities to work together 6. Project Feasibility: · Project proposal is well planned and ready for implementation · Budget is accurate and realistic · Reasonable expectation of completion within 6 months B. Funding Decision 1. Review and recommendation will be made by a committee of 5-6 City staff members from: · DCD: Long and Short Range Planning · Permits department · HOME/CDBG programs · Other City staff on a rotating basis 2. Funding decision will be made by panel of Public Works, DCD and Parks directors 3. Other commissions may be called in for evaluation on a case by case basis (such as Parks Commission, Arts Commission, etc, depending on project idea) 4. Mayor's office will announce awardees 5. DCD will notify applicants if their project was not selected III. Contract Elements Award will be formalized by a written contract between the Awardee, Fiscal Sponsor, and the City of Bremerton A. Term: Project must be completed within 6 months of contract date, or as otherwise specified in contract B. Payment of Grant Award · Paid on a reimbursement basis or by arrangement with a pre-approved vendor (ie: P.O.) · For eligible, project-related expenses only · Expenses incurred prior to contract date are not eligible for reimbursement C. Fiscal Agent · Each awardee group must designate a Fiscal Agent. May be: · A qualified member of the neighborhood group ./ One individual who accepts Fiscal Agent role for duration of project ./ Must obtain EIN, file W-9 as pre-requisite for fulfilling role · Third-party Fiscal Agent ./ Local business, agency or non-profit ./ May be project partner a. TIP: A 501 (c)(3) non-profit project partner acting allows tax- deductible matching contributions Page 2 if May donate or receive payment for Fiscal Sponsor services provided a. Financial Agent compensation may not exceed 3% of award . Responsibilities . Handle cash; submit reimbuIsement requests, receive grant funds and distribute reimbursements to community members or approved vendors Maintain detailed accounting of grant funds if Spreadsheet showing income and expenditures if Backup documentation-bank statements, receipts, P.O.s, check copies, etc. . Maintain records documenting use (receipt and disposition) of grant funds · Submit appropriate tax forms . The Fiscal Agent is not necessarily responsible for tracking other donations to the project D. Insurance . City '/Jill norm:llly covor insur:lnco for :1 noighborhood gr:lnt projoct .. Projoct must bo :ldoquatoly supervised .. Projoct must bo 'Noll pbnnod . Neighborhood group and project partners must sign a hold-harmless agreement . Insurance must be obtained by awardee if City deems necessary E. Competitive Bid (if applicable) . The City of Bremerton encourages an open bidding process for all projects . The City of Bremerton encourages hiring services from minority and women owned businesses when possible . Because Neighborhood Enhancement grants will not exceed $10,000, awardees are not required comply With City of Bremerton bid solicitation policies (BMC2.76.040) IV. Proiect A. Application a. Site visit to evaluate project feasibility B. Commencement a. Contract b. Permits c. Groundbreaking C. Reimbursement requests a. Submit monthly; more frequently if special payment arrangements are made with an approved vendor . Neighborhood group members will submit reimbursement requests to Fiscal Agent. o Must include itemized receipts for all vouchered expenses o Requests may come from multiple individuals . Fiscal Agent reviews and prepares single voucher; submits to City staff Page 3 . City staff reviews; reimburses eligible, documented expenses in one lump sum, payable to Fiscal Agent . Fiscal Agent receives reimbursement and makes payouts to individuals D. Monitoring . City will periodically monitor project site (initial, midpoint, final) o Permits; Meeting code requirements o Progress o Safe, clean and organized project site . City will periodically monitor financials o Fiscal Agent is maintaining clear, accurate, professional-quality records o Verify all reimbursements are reaching the right folks o Account for all grant funds disbursed E. Reporting . Monthly progress reports submitted to City with Reimbursement requests o Drawdown summary o Match progress o Project progress o Neighborhood participation counts . Annual IRS filing-see Fiscal Agent responsibility F. Closeout . Final site inspection, including photos of completed project . Final project report, see above . Permit inspection, sign-off . Fiscal Agent gives any records to City for long-term storage . Ceremony of choice for public V. MarketinQ of prOQram A. Feature in Mayor's Monthly Report B. Promotional mailout in utility bills, targeted if staff deems necessary C. Councilmember neighborhood/district outreach meetings D. Neighborhood association/other organization outreach E. Grant assistance workshop offered by DCD staff F. Ad in local newspaper G. Public Announcement at City Council meeting H. BKAT spot I. Inaugural project kickoff event (PR event, w/ Mayor, staff, volunteers) J. COB DCD web page announcement K. COB web page for ongoing program information Page 4 AGREEMENT Page 1 EXHIBIT C DEPARTMENT OF COMMUNITY DEVELOPMENT NEIGHBORHOOD ENHANCEMENT PROGRAM PARTICIPANT AGREEMENT This Agreement is made between The City of Bremerton ("the City"), acting through the Department of Community Development ("the Department"), Enter Organization ("Neighborhood Organization") and Enter Fiscal Sponsor ("Fiscal Sponsor") (or collectively the "Recipients"), to carry out under the terms of Resolution #XXXX the following Neighborhood Enhancement Program (NEP) project: Project Name, ("Project"), NUMBER, ARTICLE I: ACTIVITIES Section 100: Project Description The Neighborhood Organization shall perform the work under this Agreement, and arrange for reimbursement through the Fiscal Sponsor. The Neighborhood Organization shall provide to the City periodic reports as provided in Section 301, and fulfill other responsibilities of a recipient as provided by this Agreement. Project Description: Description including expected, measurable deliverable(s) Section 101: Steps Required to Complete Project Steps Required Estimated Dates 1. first item.......................................................................................... 1. 2. second item ....................................................................................2. 3. third item......................................................................................... 3. Section 102: Time of Performance A. Fundinq. The term of this Agreement for the provision of funds to the Fiscal Sponsor is Insert Start Date through Insert End Date, unless such term is properly amended pursuant to the provisions of this Agreement. All funds for this project must be expended by Insert End Date. Any balances at the end of the term will not be available to be expended, unless this Agreement is amended by mutual agreement of the Parties. B. Post Proiect Reporting. The Neighborhood Organization shall continue to perform the maintenance and reporting responsibilities described herein until Insert Maintenance End Date. Section 103: Project Location Project Location, please include zip code plan (example: east side of Sheldon Avenue between McKenzie and Pacific Avenues, Bremerton, WA 98337); intersection or area (example: east side of Sheldon Avenue between McKenzie and Pacific, Bremerton, WA 98337), or a general address (such as Mattan Park, zip code 98337). Section 104: Project Maintenance For the term of the maintenance period, the Neighborhood Organization shall perform maintenance pursuant to the maintenance plan described as follows: Describe maintenance plan (example: The Evergreen Neighborhood Association and Bremerton Parks and Recreation will develop a Memorandum of Agreement related to maintenance of Sheldon Way curbside plantings. The Organization will provide a copy of the Agreement to the Department of AGREEMENT Page 2 Community Development, however, it's assumed that maintenance will be shared by Bremerton Parks and Recreation and the Organization.) Failure to maintain the project as noted above can exclude the Neighborhood Organization from receiving future City funding. If the project is on City-owned property, failure to maintain the project may result in the City taking any action it deems appropriate to preserve the project, protect the public or City-owned property. Section 105: Contacts Written notices, requests, grievances, reports, invoices or adjustments to the Department shall be made to, Insert PM Name, Department of Community Development, 345 6th Avenue, Suite 600, Bremerton, W A 98337 -1873. Written notices, requests, reports, grievances or adjustments to the Neighborhood Organization shall be made to Insert Organization, Contact (Contact Phone Number), \A.ddres~, Bremerton, WA Zip Code and written notices, requests, grievance or adjustments to the Fiscal Sponsor shall be made to Insert Fiscal Sponsor, Insert Fiscal Contact Person (Required to have), Insert Fiscal Agent's Address, Bremerton, WA Insert Zip Code. ARTICLE II: FINANCIAL CONDITIONS Section 200: Maximum Funds Available A. The Department shall reimburse the Neighborhood Organization through the Fiscal Sponsor its allowable costs for the services identified in this Agreement in an amount not to exceed $0.00. B. Such reimbursement shall constitute full and complete payment by the Department under this Agreement. Allowable costs shall mean those necessary and proper costs approved by the Department. Allowable costs are those, which have been paid by the Fiscal Sponsor, or those, which have been obligated by the Recipients. C. NEP Award Budget Personnel Line Item $000.00 Subtotal Personnel.............................................................................................. $ Supplies and Materials Line Item $000.00 Subtotal Supplies................................................................................................. $ Services Line Item $000.00 Subtotal Services................................................................................................. $ Capital Line Item $000.00 Subtotal Capital............................................................................ -.... -' -................ $ TOTAL NEP FUNDS..................................................................................................................... $0.00 Other Funds AGREEMENT Page 3 Name of Fund source 1-10 words enumerating use of funds $000.00 Name of Fund source 1-10 words enumerating use of funds $000.00 TOTAL FUNDS TO RECiPiENTS................................................................................................. $0.00 Services from other City Departments Department (e.g. Parks, Public Works) 1-10 words enumerating use of funds NEP funds Cash Match $000.00 $000.00 Department (e.g. Parks, Public Works) 1-10 words enumerating use of funds NEP funds Cash Match $000.00 $000.00 TOTAL Services from Other Departments......................................................... $ TOTAL ALL FUNDS...................................................................................................................... $0.00 Section 201: Minimum Community Match Required The Neighborhood Organization and the Fiscal Sponsor shall ensure that the Community Match component of the project is fulfilled. The match value shall equal or exceed $Total comm. match. Failure to generate the minimum match of $Minimum Match will be cause for the Department to withhold payment of invoices against this Agreement or to terminate this Agreement. The Community Match will be generated and expended according to the following schedule: Match Budget Detail Cash Specify what community cash will be used for $000.00 Subtotal Cash....................................................................................................... $ Volunteer Labor Specify Volunteer Job - x hrs @ $15 per hr $000.00 Subtotal Volunteer Labor .................................................................................... $ Donated Services Architect Services - x hrs @ $50 per hr $000.00 Subtotal Donated Services................................................................................. $ Donated Supplies/Materials Line Item $000.00 Subtotal Donated Supplies ................................................................................. $ TOTAL MATCH .................................................................................$Total comm. match Section 202: Reimbursement AGREEMENT Page 4 The City shall, through the Fiscal Sponsor, reimburse the Recipient only for expenses incurred after the date set forth in Section 102, and compliance with all items included in Article III Project Requirements. Note:The City cannot advance any funds and only makes reimbursement based on actual cash spent or expenses incurred. The reimbursement will be made approximately 10 to 14 working days after submitting a properly executed invoice. As further detailed in Article III, the City, at its discretion and with adequate documentation, may agree to make payment directly to an approved vendor for materials purchased or services rendered. Section 203: Fiscal Sponsor's Obligation to Disburse Funds It is the responsibility of the Fiscal Sponsor to act as trustee of the funds disbursed by the City and to pay the services performed by the Neighborhood Organization's employees, contractors, and vendors and to insure that the Recipient's contractors are paying their subcontractors, vendors, taxes and other financial obligations. When a reimbursement has been made by the Department to the Fiscal Sponsor for expenses, the Fiscal Sponsor shall promptly pay vendors, personnel, and contractors or subcontractors, less any retainage prescribed in any agreement entered into between the recipients and their contractors. Should the aforementioned personnel or subcontractors not fulfill their contract/services during the course of this project, the Fiscal Sponsor can withhold funds until the project has been completed to satisfaction. This clause should be included in the contract between the Fiscal Sponsor and the neiqhborhood orqanization and in aqreements between the Recipients and their contractors. The Department shall not be held responsible for any amounts claimed by a Neighborhood Organization's or Fiscal Sponsor's employees, suppliers, staff, contractors or subcontractors which have not been approved for payment by the City. Section 204: Project Budget Revisions and Overruns All project budget revisions, Match and NEP, must be approved by the Project Manager prior to expenditure. The City will not be responsible for any overruns and/or revisions incurred prior to its approval, unless such cost overruns result from requests by the City to change the scope of work of this Agreement or are the result of budget revisions made by the City. Budget revisions, which change the total amount awarded or significantly redirect the money from one cost category to another, will be authorized with an executed amendment to this agreement. For this purpose changes which redirect more than 10% of the total Neighborhood Enhancement Program award between cost account categories, such as from personnel items to capital items, will be considered significant enough to require an amendment. Smaller shifts of dollars between line items or cost account catetogories may be approved verbally. Section 205: Project Income Where the activities of this project are expected to yield income to the project from sales of tickets or otherwise, that cash should be considered as match and offset expenses of the project. Where excess income is generated from sale of materials during or after the term of this agreement, the Recipients will use the income to extend the activities of this project. ARTICLE III: PROJECT REQUIREMENTS The following requirements must be completed before the Fiscal Sponsor can proceed with the project and to invoice for reimbursement. Section 300: Method of Payment A. The Fiscal Sponsor shall submit a properly executed invoice, together with all reporting data. See Attachment A for the appropriate invoice and reporting forms. The Department will initiate AGREEMENT Page 5 authorization for payment after receipt and approval of such invoice and will make payment directly to the Fiscal Sponsor. The City may, at its discretion, agree to make payment directly to an approved vendor for purchases of over $500 where payment would create financial hardship for the Neighborhood Organization and the Fiscal Sponsor. Adequate documentation will be required, as below. Invoices shall be accompanied bv copies of all receipts. purchase orders. pavroll records. or vouchers which document the expenses claimed for individual expenses. B. The Department shall be excused from payments if funds allocated by the Department cease to be available for any cause other than misfeasance of the Department itself (see terms under Section 416.) C. The Department reserves the right to withhold payments pending timely delivery of a properly executed invoice, Match Expenditure Statement, Progress Report, or documents as may be required under this Agreement. D. All expenditures noted in the final invoice must be incurred by the closing date, as noted in Section 102, unless properly amended. The Fiscal Sponsor must send the final invoice with all necessary reports within 30 days of the closing date of this agreement. Section 301: Project Reporting A. Reportinq Data A Project Progress Report and Match Expended Statement shall be submitted by the Fiscal Sponsor with each invoice to Department of Neighborhoods, using the forms provided by the Department (see Attachment A). It is the responsibility of the Fiscal Sponsor to submit the reports to the Department, and it is the responsibility of the Neighborhood Organization to complete the match and progress reports in a timely manner and provide them to the Fiscal Sponsor. B. Match Expenditure Statement The Match Expenditure Statement should be submitted with copies of written materials documentinq the expenditure of donated qoods and services. This documentation will include: the relevant volunteer time sheets, letters from professionals identifying the donation they have made and its value, vendor receipts for donated goods or receipts for expenditures paid by funds raised by the Neighborhood Organization. Copies of all volunteer sheets shall be submitted regardless of value to enroll in Volunteer Insurance. See Section 303. C. Reports r The Neighborhood Organization shall provide a copy of all written reports developed for the project to the Department. These may also be included in the Project Progress Report or under separate cover. Materials which help document the progress of the project include: project meeting or event flyers, project meeting minutes, draft reports, final reports, work party photographs, construction timelines, job descriptions, contractor contracts, and design drawings. D. Final Report The Neighborhood Organization shall provide a final, brief, written report with the final invoice which summarizes the project's successes and lessons learned. An outline for the final report is included in Attachment A, which may be used as a guide. E. Other Proqram Reports (Optional) The Neighborhood Organization shall (Enter Condition here.) . Progress Reports should include the "outcomes" of your project and evidence of success. . Demonstrate how the project has created stronger bonds between neighbors and greater connections in your community. . Identify the elements or strategies of your project that build community. AGREEMENT Page 6 EXHIBIT C Section 302: Indemnification and Risk ManagementfThird Party General Liability Insurance A. Indemnification Neighborhood Organization and the Fiscal Sponsor, collectively the "Recipient" under this Agreement agree to indemnify and save harmless the City, its officers, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties, and damages of whatsoever kind or nature, including attorney fees, arising out of, in connection with, or incident to the work of this Agreement. In the event of litigation between the parties to enforce the rights under this paragraph, each party is responsible for its own attorney fees. This indemnification obligation shall include, but is not limited to, all claims against the City by an employee or former employee or volunteer of the Recipient, and the Recipient expressly waives all immunity and limitation on liability under the Washington State Industrial Insurance Act (Title 51, RCW). B. Risk Management It shall be the responsibility of the Recipients to exercise good risk management at all times to ensure that the project location is kept free from risk to those working on the project and the general public. The City is not responsible to injuries that occur on the project worksite. C. Insurance The City may require that the Recipient maintain at all times during the term of this Agreement its own policy or policies of insurance known as: (1) Commercial General Liability Insurance, including premises/operations, products/completed operations, personal/advertising injury, contractual liability, independent contractors liability. (2) If vehicles are used in the conduct of business, a policy of Business Automobile Liability, including coverage for owned, non-owned, leased or hired vehicles. (3) Worker's Compensation insurance for the state of Washington where the Recipients have employees. (4) Such insurance, as provided under items (1), and (2), above, shall be endorsed to include the City of Bremerton, its officers, elected officials, employees, agents and volunteers as additional insured on ISO form CG2026 or equivalent, and shall not be reduced or canceled without forty-five (45) days prior written notice to the City. (5) Recipient's insurance shall be primary, as respects the City and any other insurance maintained by the City shall be excess and not contributing insurance with the Recipient's insurance. Prior to receiving any funds, the Recipient shall furnish to the Department a certificate of insurance and the appropriate additional insured endorsement(s) in connection with the described project. Section 305: Purchase of Consultant Services A Professional Services Contract, to be reviewed and approved by the City of Bremerton Department of Community Development, and signed by the parties to the contract (the Neighborhood Organization and the Consultant), will be required if Neighborhood Organization will be purchasing consultant services. Section 306: Permit Requirements, Award Conditions and Approvals Prior to proceeding with the project, the Neighborhood Organization shall furnish to the City's Project Manager: Example: Street Tree Permit, etc. Section 307: Site Control Property to be used for site of Neighborhood Enhancement Program projects should be publicly held, either by the state, county or local jurisdiction such as parks, public works right of way or City owned property. Neighborhood Organization must obtain, in a written agreement, permission to use the site prior to application for NEP funds. The Agreement must outline the permissible use and term of use. AGREEMENT Page 7 Section 308: Federal Conditions (Optional) This Neighborhood Enhancement Program award includes some Federal funds from the Community Development Block Grant (CDBG) program. The City of Bremerton CDBG/CFDA number is 14.218. The Neighborhood Organization shall comply with all applicable federal rules and regulations as described in ATTACHMENT B - FEDERAL CONDITIONS AND CERTIFICATIONS REQUIRED BY HUD FOR CONTRACTS FUNDED BY CDBG. Section 309: Responsibilities of the Fiscal Sponsor A Fiscal Sponsor acts as trustee of the funds provided by the City through this Agreement and assumes the financial responsibilities related to completion of the Neighborhood Enhancement Program project. The Fiscal Sponsor handles and is accountable for the funds and other obligations as provided below. The Fiscal Sponsor assumes the following responsibilities: o Acts as trustee of the funds paid by the City and disburses such funds in accordance with the City's directions for eligible services, labor, and materials provided by the Neighborhood Organization. . Makes periodic reports to the City regarding the disbursements and the administration of the funds provided by the City. . Makes all payments to vendors, staff or contractors for project-related expenses. . Accepts and deposits checks from the City of Bremerton for these expenses. · If necessary, provides the up-front cash to pay for project costs until reimbursement is received from the City. The City can only provide reimbursement based on actual cash spent or when expenses are incurred through the ordering of equipment, purchase items, or services on credit. . Prepares and submits to the City the project invoices for reimbursement in the format specified by the City. This includes collecting from the applicant organization the community match reports, and project progress reports and submits to the City with all project invoices. Approximately 10 to 14 working days should be allowed after submitting an invoice before receiving reimbursement. . Maintains a financial accounting system for the project that identifies all expenditures of Neighborhood Enhancement Program funds and income related to the project. The City should be able at any time to take an invoice and reconcile it to the financial records. A check register system is an acceptable system as long as checks and deposits have written supporting documentation. . Commits to making a good faith effort to comply with the City's affirmative action hiring requirements for the life of the project, as identified in Section 401. . If required for the project, coordinates competitive bid process and subcontracting process. . If required, maintains a third-party liability insurance policy for the project. . The Fiscal Sponsor must provide a tax identification number for the organization or business to allow the City to send appropriate tax records to the Internal Revenue Service (IRS). The Fiscal Sponsor must report to the IRS that the award funds were received as revenues. It is assumed that all Matching Fund revenues will be offset by project expenses and will not yield any taxable revenue for the Fiscal Sponsor business or organization. . Maintains records as instructed in Section 411 . . Comply with prevailing and minimum wage requirements of State law (see Section 410.) Section 310: Responsibilities of Neighborhood Organization The applicant organization is awarded the Neighborhood Enhancement Program grant and is responsible for the performance of the work and the long-term maintenance of the project. The Neighborhood Organization is responsible for: . Executing contracts with vendors, service providers to provide materials and services to accomplish the project goals. . Recruiting, supervising, and training volunteer workers to accomplish the project goals. AGREEMENT Page 8 . Maintaining the Project throughout its useful life (see Section 104.) . Providing to the Fiscal Sponsor such documentation and evidence of services rendered, and equipment purchased so as to satisfy the City's requirements for payment of funds. . Complying with prevailing and minimum wage requirements of State law. (See Section 410.) G Maintaining records, particularly as relates to match and volunteers (See Sections 303 and 301). G Making a good faith effort to comply with the City's affirmative action hiring requirements for the life of the project, as identified in Section 401. . If required for the project, coordinating competitive bid process and subcontracting process. . If required, maintaining a third-party liability insurance policy or other applicable insurance policies for the project. . The City is not the general contractor or the owner acting as general contractor. The City is not supervising any work on the site and is not controlling the method and manner of the work. ARTICLE IV: GENERAL CONDITIONS Section 400: Involvement of Former City Employees The Recipients agree to promptly inform the City of any Former City officer or employee who terminated City office or employment in the last twelve (12) months and who will be working on or subcontracting for any of the paid work under this Agreement upon becoming aware of the person's status as a former City officer or employee. The Neighborhood Organization further agrees that no paid work under this Agreement will be done by a former City officer or employee who terminated City office or employment in the last twelve (12) months and who, in the course of official City duties, was involved in, participated in or acted on any matter related to this Agreement. Section 401: Discrimination Prohibited Affording Equal Employment Opportunity under Bremerton Municipal Code Ch. 2.28, as now or hereafter amended, and under federal regulations outlined in Attachment, during the performance of this Agreement is mandatory and the Recipients agree as follows: A. The Neighborhood Organization and the Fiscal Sponsor, the "Recipients" to this Agreement, will not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, age, religion, marital status, national origin, political affiliation, and mental, sensory, or physical handicap, except where age and sex are essential bona fide occupational requirements, or where handicap is a bona fide occupational disqualification. The Recipients will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, sex, age, religion, marital status, national origin, political affiliation, and mental, sensory, or physical handicap, except where age and sex are essential bona fide occupational requirements, or where handicap is a bona fide occupational disqualification. Such action shall include, but not be limited to, the following: hiring, upgrading, training, and promotion in all position classifications. The Recipients shall commit itself to ensure every effort to enhance equal employment opportunity Any advertisement for employment by the Recipients shall include the following notice: "The (Organization) does not discriminate on the basis of race, color, national origin, sex, sexual orientation, religion, age, or disability in employment or the provisions of or contracting for goods or services. MBE/WBE firms are encouraged to participate in the procurement process." The Recipients agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The Recipients will, prior to commencement and during the term of this Agreement, furnish to the Department of Community Development documentation demonstrating the EEOP policy compliance, such as copies of advertisements, copies of applications for employment, copy of organization's hiring policy, copy of organization's equal employment opportunity policy. AGREEMENT Page 9 C. If upon investigation the Department of Community Development finds probable cause to believe that the a Recipient has failed to comply with any of the terms of this section, the Department of Community Development shall give the Recipient an opportunity to be heard after 10 days' notice. If the Department of Community Development finds the Recipient non-compliant, it may suspend the Agreement and/or withhold any funds due or to become due to the Recipient pending compliance by the Recipient with the terms of this section, if the organization has any employees. D. Failure to comply with any of the terms of this section shall be a material breach of this Agreement. E. The provisions of this section shall be inserted into all subcontracts for work covered by this Agreement. F. In the provision of services under this Agreement, the Recipients shall not discriminate against individuals because of non-membership in any Recipient-sponsored organization. Section 402: Discrimination because of Certain labor Matters No person employed on the work covered by this Agreement shall be discharged or in any way discriminated against because he/she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to the employer. Section 403: Americans with Disabilities Act Neighborhood Enhancement Program Recipients must make a good faith effort to ensure they are in compliance with the Americans With Disabilities Act of 1990 which in addition to existing federal, state, and city non-discrimination laws, extends the same civil rights protection to persons with disabilities which have already been granted on the basis of race, color, sex, sexual orientation, age, religion, marital status, national origin, political affiliation and mental, sensory or physical handicap requirements. The Neighborhood Organization shall provide the following: 1. Provide advance notification of public meetings regarding the project with the statement, "accommodation for persons with disabilities upon request." 2. Hold public meetings in accessible locations. 3. Provide alternate forms of communication if requested. 4. Make programs or services provided to the public accessible. 5. Construct barrier-free physical projects; and 6. Increase general awareness of and sensitivity to people with disabilities. Section 404: Title to Property Supplied and Creative Works A. Whenever Neighborhood Enhancement Program funds of $500.00 or more are used towards the purchase or construction of personal property, ownership of such property shall rest with the City and such property shall be considered to be on loan to the Recipients. Upon the expiration of this Agreement, Section 102B, all property purchased or constructed with Neighborhood Enhancement Program funds shall be returned to the City via the administering department for use or disposal by the City under the City's surplusing procedures. The Department may choose to have the property remain with the Recipients beyond expiration of the Agreement when the property will continue to be used by the community it was intended. B. All finished or unfinished documents and material prepared by the Neighborhood Organization with funds provided by this Agreement shall be available for inspection and copying by the City and the public. C. Unless specified otherwise in this Agreement, the following conditions apply to properties used in this project: AGREEMENT Page 10 1. Property loaned by private persons, State or Federal agencies or the City, shall be returned to the owner. 2. Property donated to the project shall become the property of the City and shall be accepted by the City for its use or disposal, unless the donor specifies that the property is donated to a private entity or person. 3. The use of City-owned or funded property shall only be used for the purposes set forth in the Agreement and the Neighborhood Organization shall be responsible for all maintenance, unless otherwise agreed. 4. The Neighborhood Organization shall be financially liable for loss, damage or disappearance of any City-owned or funded property and shall report such loss, etc., to the Department immediately. The Neighborhood Organization remains responsible for all such property until transferred to the control of the City and/or the Neighborhood Organization is relieved of responsibility, in writing, by the City. 5. The Neighborhood Organization shall provide permanent identification markings on all Citi owned or funded properties acquired and shall maintain completed inventory records as required by the Department. Cost reimbursement shall be contingent upon satisfactory compliance with these requirements. 6. Any real property under the Neighborhood Organization's control, that is acquired or improved in whole or in part, per the terms of this Agreement, must continue to be used for Project purposes or other public purposes approved by the Department for such periods of time as determined by the Department. D. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. E. In consideration for the provision of Neighborhood Enhancement Program funds to any artist or author under this funding Agreement, the City may without further compensation reproduce or have access to any creative work produced by the artist or author in connection with this Project, notwithstanding the existence of any copyright or trademark designation. This provision shall be included in any aqreements with the artists or authors employed by the Neiqhborhood Orqanization. F. Any equipment purchased or reimbursed with City funds shall be the property of the City and shall be so marked. The equipment shall be made available to the Neighborhood Organization for use in the Project for the purposes under this Agreement. Should the Neighborhood Organization no longer need the equipment for the purposes provided in this Agreement or the City's participation in this project ends, the Neighborhood Organization shall return the equipment to the City's Department of Neighborhoods. The Department of Neighborhoods may at its option either use the equipment, transfer it to other departments, or dispose of the equipment according to its surplus procedures. Section 405: Disclaimer Required Any documents, in a printed, digital or video medium, prepared by the Neighborhood Organization that is or will be made available to the public, unless specifically exempted by the Director of the Department, shall contain the following disclaimer: This document has been funded in part by the Neighborhood Enhancement Program of the Bremerton Department of Community Development. The information contained herein does not necessarily reflect the policies, plans, beliefs, conclusions, ideas, etc., of the City of Bremerton. The City does not warrant the accuracy of any of the information, ideas, conclusions, information, etc., contained in this document. Section 406: Right to Review Documents Prepared for Public Use The Department has the right to review any reports given to or prepared or assembled by the Neighborhood Organization under this Agreement prior to distribution to the public and comment on it. Section 407: Citizen Participation AGREEMENT Page 11 The Neighborhood Organization will take affirmative steps to encourage widespread citizen participation in planning and carrying out the Project. Section 408: Subcontracting This Agreement is personal to each of the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the consent of the other party. In the event of any approved assignment or subcontract, the Department shall continue to hold the Neighborhood Organization responsible for proper performance of obligations under this Agreement. All provisions of this contract shall apply to all subcontracts entered into by the Neighborhood Organization. The Neighborhood Organization shall inform the Department of all subcontracts, including the process used for selecting a subcontractor. Section 409: Prevailing Wage Requirements If the funds provided under this Agreement are used to hire laborers or mechanics in a contract exceeding $2,000, the Neighborhood Organization shall be responsible for compliance with the federal prevailing wage requirements as set out in Davis Bacon and Related Acts and as described in 29 CFR parts 1 through 7. Section 410: Documentation of Costs and other Financial and Reporting Requirements A. All costs shall be supported by properly executed payrolls, time records, receipts, 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 the Department shall have the right to audit the records of the Fiscal Sponsor and Neighborhood Organization as they relate to the work, upon reasonable notice. The Fiscal Sponsor shall also: 1. Maintain an effective system of internal control over and accountability for all funds and property supplied and make sure the same is used solely for authorized purposes. 2. Keep a continuing record of all disbursement by date, check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Fiscal Sponsor's accounting records. A receipt, invoice marked "Paid," or payroll record must substantiate the line item notations. 3. Maintain payroll and financial records for a period of six (6) years after receipt of final payment under the Agreement. 4. Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City, the United States and the State Auditor, and at any time during normal business hours and as often as necessary. 5. Repay to the Department any funds in its possession at the time of the termination of this Agreement that may be due to the City. 6. Provide the Internal Revenue Service with appropriate and timely information regarding employee and/or consultant earnings. B. In the event that the United States or the State or the City shall determine that any funds were expended by the Recipients for unauthorized or ineligible purposes or constitute disallowed costs and order repayment of the same, the Recipients shall within thirty (30) days remit the same to the Department. C. Further, all financial records and fiscal control systems will be established and maintained in a manner to meet the approval of the City Comptroller and the State Auditor; records and reports submitted shall be satisfactory to meet the approval of the Director of the Department of Neighborhoods. Section 411: Future Support The Department makes no commitment of future support and assumes no obligations for future support of the activity contracted herein except as set forth in this Agreement. ' AGREEMENT Page 12 Section 412: Reservation of Rights Neither payment by the Department nor performance by the Neighborhood Organization or Fiscal Sponsor shall be construed as a waiver of either party's right or remedies against the other. Failure to require full and timely performance of any provision at any time shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. Section 413: Severability If any provisions of this Agreement other than those provided in Article IV are held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the contemplated project and the Department. Section 414: Quality of Performance _ A. The Recipients shall be responsible for the quality of services rendered and the suitability of the end product and/or service rendered and the suitability of the end product and/or service of the intended use. Its responsibilities hereunder shall not be reduced by recommendations or assistance received from the City which vary from the terms and conditions of this Agreement unless reduced to writing, signed by the responsible City officer and made addenda to or amendments of this Agreement. B. The Department shall judge the adequacy and efficiency of work performed, the sufficiency of records and the end product of services rendered. If during the course of the Agreement, the service(s) or product(s) rendered do not meet the desired results, the Neighborhood Organization or Fiscal Sponsor will correct, modify, remodel and/or repeat the process. Failure to make the necessary corrections shall be a material breach of Agreement and be cause for termination. C. All work shall be performed and services supplied in a manner to further project purposes and goals, and in compliance with guidelines for performance set by the US Government through the City, this Agreement, and general direction of the City. Section 415: Termination of Agreement for Cause A. If, through any cause, the Neighborhood Organization or Fiscal Sponsor shall fail to fulfill in timely and proper manner their obligations under this Agreement, or if they violate any of the covenants, agreements, or stipulations of this Agreement, the Department shall thereupon have the right to terminate this Agreement by giving written notice to the Recipients of such termination and specifying the effective date thereof, at least five (5) working days before the effective date of such termination. In such event, The City shall have the right to copy for its unlimited use, all finished or unfinished documents, data, studies, and reports prepared by the Recipients under this Agreement shall, at the option of the Department, become the property of the Department. B. Notwithstanding the above, the Recipients shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any breach of the Agreement by the Recipients, and the Department may withhold any payments to the Recipients for the purposes of set off until such time as the exact amount of damages due to the Department from the Recipients is determined. The Recipients will remit any unexpended balance of the payments on account of this Agreement as well as such other portion of such payments previously received as determined by the Department to be due it. The action of the Department in accepting any such amount shall not constitute a waiver of any claim which the Department or City may otherwise have arising out of this Agreement. Section 416: Repayment In the event that the City terminates this agreement due to misappropriation of funds or fiscal mismanagement, the Fiscal Sponsor shall return to the City all contract funds, which at the time of AGREEMENT Page 13 termination remain in its possession, and, shall pay to the City such funds as the City determines to be due to the City on account of the misappropriation or fiscal mismanagement. Section 417: Termination for Convenience of Department The Department may terminate this Agreement any time by a notice in writing from the Department to the Recipients. If the Agreement is terminated by the Department as provided herein, the Recipients will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Recipients covered by this Agreement less payments of compensation previously made. Section 418: Termination of Agreement by the Recipients This Agreement may be terminated by the joint agreement of the Recipients upon fifteen (15) days' written notice should the Department fail substantially to perform in accordance with its terms through no fault of the Recipients. In the event of termination due to the fault of the Department, the Recipients shall be paid compensation for services performed to termination date, including all authorized expenses then due, including expenses directly attributable to the uncompleted portion of the services covered by this Agreement. Section 419: Changes Either party may request changes in the scope of services, performance, or reporting standards to be performed or provided under this Agreement. Such changes, including any increase or decrease in the amount awarded to the project and extensions of term of this Agreement, which are mutually agreed upon by and between the Recipients, and the Department, shall be incorporated in written amendments to this Agreement. (See Section 204 regarding budget revisions.) Section 420: Integrated Document This Agreement embodies the agreement, terms and conditions between the Department of Neighborhoods, and the Recipients. No verbal agreements or conversation with any officer, agent or employee of the Department prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon either party. IN WITNESS WHEREOF, THE DEPARTMENT, THE NEIGHBORHOOD ORGANIZATION, AND THE FISCAL SPONSOR HAVE EXECUTED THIS AGREEMENT. Neighborhood Representative Name Neighborhood Rep Title Neighborhood Organization Name Date Fiscal Sponsor Name Fiscal Sponsor Date City D.C.D. Representative City of Bremerton Date AGREEMENT Page 14 Department of Community Development r:\community development\deptdata\block grant programs\mayor's initiatives\neighborhood grants\bremerton program templates\nep agreement.doc Updated 2/21/07 ATTACHMENT 1 PROJECT REQUIREMENTS-FORMS 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 f 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 OMS Circular No. A-87, "Principles for Determining Costs applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments" OMS 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, "Payment", except as modified by part 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits"; (8) Section 85.32, "Equipment", except 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"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement", except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "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, "Enforcement"; (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-11 0 (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 9 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 9985.20(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 984.24, CDBG subrecipients shall follow 9570.504; (iv) Section 84.25, "Revision of Budget and Program Plans": (v) Section 84.32, "Real Property." In lieu of 984.32, CDBG subrecipients shall follow 9570.505; (vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of 984.34(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: (A) The retention period referenced in S84.53(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 984.61, CDBG subrecipients shall comply with 9570.503(b)(7); and (xi) Subpart D - "After-the Award Requirements," except for 984.71, "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 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 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, sexual orientation, religion, national origin, creed, marital status, or age: (1) Denya 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 ACT/AMERICANS 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 mee.ts the definition of "residential structure" as defined in 24 CFR part 40.2 or the definition of "building" as defined in 41 CFR part 1 01-19.602(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 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. Neighborhood Enhancement Program 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Telephone: 360-473-5211 Fax: 360-473-5278 Neighborhood Enhancement Program Application . Date. Received Tptal NeigHborh9odMatch$ . Amount Requested:$ .. Total Project Costs Project Name: location: Brief Description of Project: . Orqanizationallnformation Describe your Neighborhood Group: How did your group form? When? Primary Contact Name: Phone (day): Address: E-mail Phone (eve): Complete the following, if applicable: Organization Name: How is your group organized? (circle one) 501 (c)(3) 501 (c)(4) other non-profit other (explain) E-mail Phone (eve): Organization Chair/Pres: Phone (day): Address: Fiscal Agent: Each awardee must designate a specific individual or outside consultant to act as Fiscal Agent (FA) for the term of the award, under contract provisions with the City of Bremerton Who is the group's designated Fiscal Agent: Fiscal Agent's Company: Title: Fiscal Agent's EIN: E-mail: Day phone: Is the Fiscal Agent a Will the Fiscal Agent Eve phone: Dmember of the neighborhood group, or 0 outside consultant? Ddonate agent services, or 0 receive consultant fees? Proiect Information (please use additional paper if necessary) 1. What is the opportunity or problem addressed by this project? 2. How will the project benefit the neighborhood and its residents? 3. How will neighborhood residents and/or organization members be involved in implementing this project? 3. Who / What agency owns the site you've selected for this project? Have you contacted the property owner? 4. How many people will be involved in the planning, funding, and implementation of this project? Describe 5. Besides neighborhood members, what other individuals or organizations does the project plan to partner with? 6. Will this project require maintenance once it is completed? If yes, briefly describe your maintenance plan. 7. Workplan: List in chronological order the major, but specific, steps or key activities you will perform to complete your project. Please include an estimated timeline. Task I Goal Estimated Completion 8. Proposed budget: Outline your anticipated costs and funding sources. A match of services, labor, and/or other funds is required. Item Anticipated Cost Funding source(s) Total 9. Anticipated Match Contribution I Volunteer Commitment Form. Project Print Name Address Phone Cash Volunteer Number Date( s) Signature Donation Labor (tvpe) of Hours Available Total Total Applicant Signature: 10. Support from Adjacent Property Owners: This program strongly recommends the formal consent of adjacent property owners (any resident whose property is within 100 feet of the proposed project). Signatures below are intended to demonstrate adjacent property owners' acceptance of the proposal and to acknowledge your initial dialogue with them about the project. Print name and address Phone number Signature 11. Sketch of Project (use additional sheets if necessary). Voucher Reimbursement Request Neighborhood Enhancement Program Attachment 1-1a Project: Sheldon Boulevard Lavenderscape To: City of Bremerton Community Development Neighborhood Enhancement Program Attn: Marie Vila 345 6th Street, Suite 600 Bremerton, W A 98337 Contract No. Contract Term: Neighborhood Association: Evergreen Neighborhood Association Fiscal Sponsor: Augustus Kaffe Haus Attention: Joe Cook 123 McKenzie Bremerton, W A 98337 Phone: 360-555-1212 For expenses incurred between dates and This invoice includes a budget revision Dyes if yes, enter date approved: Cost Categories Supplies and Materials: Irrigation System Garden Bed Framing Materials Soil Gravel and Sand Tools Equipment Rental Fencing Plants and Landscape Materials Subtotal 1 2 Services Tree, stump and sod removal Rototilling Subtotal 2 3 Planning, Design, Admin (10% cap) Fiscal Sponsor Fee Subtotal 3 Grand Total Check if this is a final reimbursement request. D A. Budget Award B. Revised Budget (with approval) D. Previous Life E. Cumulative to-Date (copy"E" to Date from last voucher) (C + D) C. Current Expenditure $210.00 $1,500.00 $750.00 $200.00 $300.00 $125.00 $150.00 $600.00 $3,835.00 $210.00 $1,000.00 $0.00 $185.90 $0.00 $125.00 $0.00 $0.00 $1,520.90 $110.00 $100.00 $1,000.00 $185.90 $125.00 $295.90 $1,225.00 $0.00 $0.00 D no F. Award Balance (A - E) $0.00 $500.00 $750.00 $14.10 $300.00 $0.00 $150.00 $600.00 $2,314.10 $1,225.00 $1,520.90 $3,464.10 $4,985.00 $295.90 HAVE BEEN INCURRED I HEREBY CERTIFY THAT THIS INVOICE AMOUNT HAS BEEN INCURRED AND IS THE ACCURATE COST OF SERVICES RENDERED: AUTHORIZED SIGNATURE (AS SET FORTH IN THE AGREEMENT) TITLE DATE DETAIL OF INVOICED AMOUNT Neighborhood Enhancement Program Name of Project: Neighborhood Organization: Fiscal Sponsor: Project #: Date: Invoice #: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus S06002 1/15/2007 2007 -01 Attachment 1-1b # Item Suppli~s@a1lilate"iiil~:. #1 T-Tape Drip line #2 Pea Gravel #3 Sand, construction grade Subtotal 1 Subtotal 2 Subtotal 3 Feet Yard Yard 128.00 10.00 5.00 $0.86 $10.59 $16.00 $0.00 $0.00 $0.00 Grand Total Attach copies of all documentation. Number each piece of documentation and note each # in column indicated. $110.08 $105.90 $80.00 $295.98 $0.00 $0.00 $0.00 $0.00 $0.00 $295.98 MATCH BUDGET EXPENDITURE SUMMARY Neighborhood Enhancement Program Name of Project: Neighborhood Organization: Fiscal Sponsor: Project #: Date: Invoice #: Match Categories A. Budget Attachment 1-1c Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus S06002 1/15/2007 2007 -01 B. Revised Budget (with approval) D. Prev'ious Life E. Cumulative to-Date (copy "E" to Date from last voucher) (C + D) F. Balance (A- E) C. Current Expenditure Steering Committee Fundraising $240.00 $120.00 $240.00 $840.00 $120.00 $360.00 $0.00 $1,440.00 $0.00 $480.00 $0.00 $360.00 $3,120.00 $250.00 $450.00 $0.00 $1,000.00 $0.00 $250.00 $1,450.00 $0.00 $610.00 $4,570.00 Raised bed construction work parties $1,080.00 $480.00 $1,440.00 $480.00 $3,480.00 Project Management Subtotal 1 Landscape Designer Grading Subtotal 2 $700.00 $1,000.00 $1,700.00 Grand Total $5,180.00 $0.00 $360.00 $250.00 $0.00 $250.00 $0.00 $610.00 I HEREBY CERTIFY THAT THIS MATCH DONATION HAS BEEN FULFILLED AS DESCRIBED AND IS THE ACCURATE ASSESSEMENT OF SERVICES RENDERED: AUTHORIZED SIGNATURE (AS SET FORTH IN THE AGREEMENT) DATE TITLE DETAIL OF MATCH EXPENDED Neighborhood Enhancement Program Attachment 1-1d Name of Project: Neighborhood Organization: Fiscal Sponsor: Project #: Date: Invoice #: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus S06002 1/15/2007 2007-01 # Extended Price #1 Steering Committee #2 Fundraising $240.00 $120.00 Subtotal 1 30.00 $360.00 Landscape Designer flat fee 1.00 $250.00 $251.00 $0.00 Subtotal 2 $0.00 1.00 $251.00 nfa $0.00 Subtotal 3 $0.00 Subtotal 3 0.00 $0.00 Grand Total $611.00 Attach copies of all documentation. Number each piece of documentation and note each # in column indicated. CONTRACT PAYMENT AUTHORIZATION FORM Attachment 1-2 If this is a change in existing information, please check the reason(s) below: D Name D Address D Signature Authority D Other ... Pn)j~CtiIH~ritification.lnfOr.rr1atiOh Project #: S06002 Project Name: Sheldon Boulevard Lavenderscape Neighborhood Organization: Evergreen Neighborhood Association Fiscal Sponsor Organization: Contact Person: Street Address City, State, Zip: Augustus Kaffe Haus Pat Fulano 123 McKenzie Bremerton, W A 98337 Fiscal Sponsor Individuals authorized to sign reports and vouchers against the project's award are: 1. 2. 3. I hereby certify under penalty of perjury, under the laws of the State of Washington that those officers named above are duly authorized on behalf of the Neighborhood Organization to submit and verify requests for payment and all related materials under the above contract, and that the foregoing information is true and correct to the best of my knowledge and information. Signature of Chair of Neighborhood Organization Date Return Original Authorization Form to: Department of Community Development AUn: Marie Vila 345 6th Street, Suite 600 Bremerton, W A 98337 360-473-5375 Rev. 02/2007 NEIGHBORHOOD MATCHING FUND PROGRESS REPORT ATTACHMENT 1-3 Name of Project: Neighborhood Organization: Fiscal Sponsor: Address: Phone: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus 123 McKenzie Bremerton, W A 98337 360-555-1212 Project #: Invoice # Date: S06002 2007-01 January 15, 2007 Reporting period from: to Date of report: Project Tasks (per section 101 of contract) Please respond in narrative form to each milestone as listed in the agreement. Information such as names of key people, dates that tasks were accomplished, problems that were encountered and success gained is important information. Explain any delays and give new estimated dates of completion. Steps Required 1 Steering committee meetings Response: Estimated Dates Ongoing Steps Required 2 Coordination with Public Works, Parks and DCD Response: Estimated Dates Ongoing Steps Required 3 Construction documents completion Response: Estimated Dates April/May, 2003 Steps Required 4 Work party to clear planting areas Response: Estimated Dates March, 2003 Steps Required 5 Site prep: sod removal, grading, contour site Response: Estimated Dates April, 2003 Steps Required 6 Design work Response: Estimated Dates February-April, 2003 Steps Required 7 Irrigation system installation Response: Estimated Dates May, 2003 Steps Required 8 Garden bed framing and soil amendments spreading Response: Estimated Dates May, 2003 Steps Required 9 Planting and landscaping Response: Estimated Dates May/June, 2003 NEIGHBORHOOD ENHANCEMENT PROGRAM FINAL REPORT Attachment 1-4 Project name: Neighborhood ,organization: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Project #: S06002 Agreement Amount: $5,000 Reporting period from: to Date of report: Report submitted by: In an effort to learn more from the experience of neighborhood projects like yours and be able to share information with groups considering similar projects, we ask that you take some time to respond to the following questions. Your final report will be available to the public, so please be concise yet thorough, type your report if possible, and try not to exceed two pages in length. 1. Brief description of proiect: In your own words, tell us about this project and key accomplishments. 2. It has been at least a few months, maybe a year or more, since your group began this project. Please look back and tell us what you have learned, reflect on what you intended to accomplish and what you were realistically able to accomplish. 3. How did the project exceed your expectations, and in what ways were you disappointed? 4. Neighborhood people contributed many hours of volunteer labor to this project. Make your best estimate of the number of people involved in the project from beginning to end, e.g., steering committee members, work party participants, people who wrote thank you notes, provided snacks/refreshments, did fund raising, etc. 5. What advice would you give to someone just starting a project like the one you have just finished? 6. In what ways was the Department of Community Development staff helpful and how could they have been more helpful in seeing the project to completion? 7. Feel free to add additional information about the project. A picture speaks a thousand words. Please provide photos! We would like a record of your finished product, if appropriate, and of any work parties, meetings, celebrations, etc. PLEASE ATTACH YOUR REPORT TO THIS COVER SHEET AND SUBMIT WITH FINAL INVOICE. THANK YOU. Rev 02/2007 Neighborhood Matching Fund - Volunteer Match Generated Attachment 1-5 Name of Project: Sheldon Boulevard Lavenderscape Project #: S06002 Type of Work Date Name - Volunteer Signature - Volunteer Address Phone Hours Worked Total Hours x $15/hour = $ Match Generated Total Hours Rev. 02/2007 ATTACHMENT 2 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 seNice must qualify under Federal Section 8 income limits as established by HUD. Any deviation can be made only f 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 OMS Circular No. A-87, "Principles for Determining Costs applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments" OMS 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, "Payment", except as modified by part 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits"; (8) Section 85.32, "Equipment", except 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"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement", except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "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, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustment"; and (20) Section 85.52, "Collection of amounts due". (S) Agencies, except Agencies which are governmental entities, shall comply with the requirements and standards of OMS Circular No. A-122, "Cost Principles for Non-Profit Organizations" or OMS Circular No. A-21, "Cost Principles for Educational Institutions, as applicable, and OMS 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 OMS Circular No. A-11 0 (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 CDSG provision, as specified below: (1) Subpart A, - "General"; (2) Subpart S, - "Pre-Award Requirements," except for S 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 SS85.20(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 S84.24, CDBG subrecipients shall follow S570.504; (iv) Section 84.25, "Revision of Budget and Program Plans": (v) Section 84.32, "Real Property." In lieu of S84.32, CDBG subrecipients shall follow S570.505; (vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of S84.34(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: (A) The retention period referenced in S84.53(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 S84.61, CDBG subrecipients shall comply with S570.503(b)(7); and (xi) Subpart 0 - "After-the Award Requirements," except for S84.71, "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; (0) 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 COBG 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. (0) 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 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 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, sexual orientation, 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. (8) 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 discrim ination against handicapped individuals, and the Age Discrim ination Act of 1975 (im plemented 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 discrim ination 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 ACT/AMERICANS 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 1 01-19.602(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 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 12.0THER 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.