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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.
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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:
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R: \Legal\Legal\Reso 1 utions\Communi ty Devel opment\N eighborhood Enchancement Program doc
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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
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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
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· 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'
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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
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· 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
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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
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. 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
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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.