HomeMy WebLinkAbout5159 Contract Number: 5159
Vendor: BREMERTON PARKS & REC
Subject: ASA - Evergreen Accessible Playground
Department: CDBG
File Class: LEG 12 -1
Begin Date: 6/1/2012
End Date: 6/30/2015
Review Date: 7/1/2015
Vault Date:
Comments: Amendment No. 1 1/8/14; Amendment No. 2 2/11/14;
Amendment No. 3 4/16/14
AMENDMENT
AGENCY SERVICE AGREEMENT
CITY OF BREMERTON
COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT NAME: City of Bremerton Evergreen Accessible Play Project
PROJECT NUMBER: 631208
AMENDMENT #: 3
THIS AGREEMENT amends the Agency Service Agreement establishing the above Project by and
between the City of Bremerton,..hereinafter referred to as "City ", and the city of Bremerton Department
of Parks and Recreation, hereinafter referred to as "Agency" by which the Agency agrees to carry out
the City's Community Development Block Grant Program.
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE II. FINANCIAL CONDITIONS
Add:
SECTION 5. REVERSION OF ASSESTS
Upon expiration of the Agreement, Agency shall transfer to the City any CDBG` funds on hand at the time
of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable
personal property that was purchased with CDBG funds. Any real property under Agency control will be
covered by the regulations at 24CFR 570.503(b)(7) and as further restricted by the City of Bremerton. Per
City of Bremerton policy, all real property acquired or improved with CDBG funds must be restricted to
the use intended set forth in the Agreement for a period of time determined by the amount of CDBG
investment in the property, according to the following table:
Activity CDBG Investment Amount* Minimum Years Restricted
Rehabilitation or acquisition of Less than $15,000 5 years
existing facilities or housing
(including homeownership $15,000 - $40,000 10 years
assistance)
Greater than $40,000 15 years
New Construction or acquisition Any $ amount 15 years
of land for new construction
*Investment amount is per facility, or if housing, per single family housing unit.
THIS AMENDMENT constitutes the entire amendment to the Agreement between the City and the
Agency.
AGENCY CITY OF BREMERTON
City of Bremerton Public Works and Utilities
Wyn Birkent ,.Director Marie Vila, CDBG /HOME Programs
Administrator
Date
Patty Lent, r, ity df Bremerton
to
Date
Contract Number: 5159
Vendor: BREMERTON PARKS & REC
Subject: ASA - Evergreen Accessible Playground
Department: CDBG
File Class: LEG 12 -1
Begin Date: 6/1/2012
End Date: 6/30/2015
Review Date: 7/1/2015
Vault Date:
Comments: Amendment No. 1 1/8/14
e ti
AMENDMENT
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT NAME City of Bremerton Evergreen Accessible Play Project
PROJECT NUMBER. 631208
AMENDMENT NUMBER 1
THIS AGREEMENT amends the Agency Service Agreement establishing the above Project by
and between the City of Bremerton, hereinafter referred to as "City", and City of Bremerton
Department of Parks and Recreation, thereinafter referred to as "Agency" by which the Agency
agrees to carry out the City's Community Development Block Grant Program
IT IS MUTUALLY AGREED AS FOLLOWS
ARTICLE I PROJECT
SECTION 2 PROJECT DESCRIPTION
Delete
Type of Project Funded Amount
Evergreen Park Accessible Playground $160,850
Action Plan Year 2012
Project Location Service Area
Bremerton, WA Bremerton
Object of Activity Suitable Environment Action Description Code 03
Outcome Availability /Accessibility National Objective LMA
Basic Eligible Activity 24 CFR 570 201(c) Public Facilities and Improvements
Add-
Type of Project Funded Amount
Evergreen Park Accessible Playground $160,350
Action Plan Year- 2012
Project Location Service Area
Bremerton, WA Bremerton
Object of Activity Suitable Environment Action Description Code 03
Outcome Availability /Accessibility National Objective LMA
Basic Eligible Activity 24 CFR 570 201(c) Public Facilities and Improvements
` v
Section 3 SCHEDULE FOR COMPLETION (specific milestones)
Delete:
Specific Tasks Start Date End Date
Complete Environmental Review July 2013 Aug 2013
Project plans andspecs finalized source materials Oct 2012 Aun 2013
Identif any non-City contractors subject to DBRA July 2013 Sept 2013
Permitting July 2013 Sept 2013
Groundbreaking Oct 2013
Demolition / Site preparation Oct 2013 Nov 2013
Playground curbing equipment installation approach paths Nov 2013 Jan 2014
Play area surfacing Jan 2014 Feb 2014
Seating, fencing, bollards, signage, landscaping and site Feb 2014 Mar 2014
restoration
Project completion (all environmental, DBRA, and other Apr 2014 May 2014
requirements met
Add
Specific Tasks Start Date End Date
Complete Environmental Review July 2013 Jan 2014
Project plans and specs finalized, source materials Oct 2013 April 2014
Identify any non -City contractors subject to DBRA April 2014 June 2014
Permitting April 2014 June 2014
Groundbreaking Sept 2014
Demolition / Site preparation Sept 2014 Nov 2014
Playground curbing, equipment installation, approach paths Nov 2014 Jan 2015
Play area surfacing Jan 2015 Mar 2015
Seating, fencing, bollards, signage, landscaping and site Jan 2015 Mar 2015
restoration
Project completion (all environmental, DBRA, and other Mar 2015 May 2015
requirements met)
Section 4 TERM OF AGREEMENT
Delete
The term of this Agreement is June 1, 2012 through December 31, 2014, but may be
extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9
(Amendments to Agreement) Should additional time for auditing this project be required, in
accordance with law, this Agreement shall be deemed automatically extended until such time as
the said audit shall be completed In any event, the term of this Agreement shall cover the period
that the Agency has control over Community Development Block Grant funds, including program
income
Section 4 TERM OF AGREEMENT
Add -
The term of this Agreement is June 1, 2012 through June 30, 2015, but may be
extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9
(Amendments to Agreement) Should additional time for auditing this project be required, in
accordance with law, this Agreement shall be deemed automatically extended until such time as
the said audit shall be completed In any event, the term of this Agreement shall cover the period
that the Agency has control over Community Development Block Grant funds, including program
income
ARTICLE II FINANCIAL CONDITIONS
SECTION 1 Buget and Compensation
Delete* "Budget Summary" (Attached)
Add "Budget Summary— Amendment 1" (Attached)
City Agency
Community Development Program Department of Parks and Recreation
Marie Vila, Administrator Wyn Birkenthal, Director
City of Bremerton 680 Lebo Blvd
3456 th Street, Suite 600 Bremerton, WA 98310
Bremerton, WA 98337
THIS AMENDMENT constitutes the entire amendment to the agreement between the City and
the Agency
AGENCY-
City of Bremerton Parks and Recreation CITY OF BREMERTON, WASHINGTON
(2
- - - , �_
Wyn 131 Director Marie Vila, CDBG /HOME Program Administrator
Date Date 1 l r 3
Patty Lent, Ir l , City of Bremerton
Date 01 df
Budget Summary - Amendment 1
2012 City of Bremerton /Kitsap County CDBG /HOME Programs
Uses of Funding
AGENCY.COB Parks & Recreation Department PROJECT NAME Evergreen Accessible Play Project
PROJECT COSTS Total CDBG /HOME CDBG /HOME Other
All Funds COUNTY CITY Source of Funds
PERSONNEL includes
Managers
Staff
Taxes and Benefits
AMOUNT $ $ $ $
SUPPLIES /EQUIPMENT includes
Office Supplies
Equipm
AMOUNT $ $ $ $
ADMINISTRATION includes
Advertising
Audit
Insurance /Bonds
Postage /Printing
Rent/Utilities
Communication
Training/Travel
Tra nsportation
AMOUNT- - - -- ------- - - - - -- -- -- -$ —._ - - __ - - -- $ - - - $ - -- $ - - --
ACQUISITION COSTS includes
Ac quisition
AMOUNT $ $ $ $
DEVELOPMENT SOFT COSTS
includes
Appraisal
Design and A & E $ 10,000 $ 5,000 $ 5,000
Processing /Settlement/financing
Marketing
Operating Res erve- - - - -- - - - - - -- - - -- -- — - - - - -- - - - - -- - - - - -- -- --
AMOUNT $ 10,000 $ $ 5,000 $ 5,000
DEVELOPMENT HARD COSTS
includes
Clearance /Demolition $ 9,350 $ 2,500 $ 6,850
Construction $ 402,850 $ 152,850 $ 250,000
Rehabilitation
Im pro vem ents
AMOUNT $ 412,200 $ $ 155,350 $ 256,85
OTHER COSTS includes
Relocation
OperatinglMainte_nance Expenses
AMOUNT $ $ $ $
TOTAL PROJECT COSTS j $ 422,200 $ 1 $ 160,350 1 $ 261,850
2012 City of Bremerton /Kitsap County CDBG /HOME Programs Budget Summary
Uses of Funding
AGENCY COB Parks & Recreation Department PROJECT NAME Evergreen Accessible Play Project
PROJECT COSTS Total CDBG /HOME CDBG /HOME Other
All Funds COUNTY CITY Source of Funds
PERSONNEL includes
Managers
Staff
Taxes a nd Ben efits
AMOUNT $ $ $ $
SUPPLIES /EQUIPMENT includes
Office Supplies
Equipment - -- - - - - - -- - - - - -- - - - - -- - - - - - -- -- -- - -- - - -- — - — - - -- --
AMOUNT $ $ _ $ $
ADMINISTRATION includes
Advertising
Audit
Insurance /Bonds
Postage /Printing
Rent/Utilities
Communication
Training/Travel
Trans portafi on _ --
AMOUNT $ $ $ $
ACQUISITION COSTS includes
_Acquisition --
AMOUNT $ $ $ $
DEVELOPMENT SOFT COSTS
includes
Appraisal
Design and A & E $ 10,000 $ 5,000 $ 5,000
Processing /Settlement/financing
Marketing
O Reserve __
AMOUNT $ 10,000 $ $ 5,000 $ 5,000
DEVELOPMENT HARD COSTS
includes
Clearance /Demolition $ 9,350 $ 2,500 $ 6,850
Construction $ 403,350 $ 153,350 $ 250,000
Rehabilitation
Improvements
AMOUNT $ 412,700 $ $ 155,850 $ 256,850
OTHER COSTS includes
Relocation
Operating /Maintenance Expenses
AMOUNT $ $ $ $
TOTAL PROJECT COSTS $ 422,700 $ $ 160,850 $ 261,850
Contract Number: 5159
Vendor: BREMERTON PARKS & REC
Subject. ASA - Evergreen Accessible Playground
Department: CDBG
File Class: LEG 12 -1
Begin Date: 6/1/2012
End Date: 6/30/2015
Review Date 7/1/2015
Vault Date.
Comments. Amendment No 1 1/8/14, Amendment No. 2 2/11/14
AMENDMENT
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT NAME City of Bremerton Evergreen Accessible Play Project
PROJECT NUMBER 631208
AMENDMENT NUMBER 2
THIS AGREEMENT amends the Agency Service Agreement establishing the above Project by
and between the City of Bremerton, hereinafter referred to as "City ", and City of Bremerton
Department of Parks and Recreation, thereinafter referred to as "Agency" by which the Agency
agrees to carry out the City's Community Development Block Grant Program
IT IS MUTUALLY AGREED AS FOLLOWS
ARTICLE PROJECT
SECTION 2 PROJECT DESCRIPTION
Delete
Type of Project Funded Amount
Evergreen Park Accessible Playground $160,350
Action Plan Year 2012
Project Location Service Area
Bremerton, WA Bremerton
Object of Activity Suitable Environment Action Description Code 03
Outcome Availability /Accessibility National Objective LMA
Basic Eligible Activity 24 CFR 570 201(c) Public Facilities and Improvements
Add
Type of Project Funded Amount
Evergreen Park Accessible Playground $159,363
Action Plan Year 2012
Project Location Service Area
Bremerton, WA Bremerton
Object of Activity Suitable Environment Action Description Code 03
Outcome Availability /Accessibility National Objective LMA
Basic Eligible Activity 24 CFR 570 201(c) Public Facilities and Improvements
ARTICLE II FINANCIAL CONDITIONS
SECTION 1 Buget and Compensation
Delete "Budget Summary — Amendment 1" (Attached)
Add "Budget Summary — Amendment 2 (Attached)
City: Agency.
Community Development Program Department of Parks and Recreation
Marie Vila, Administrator Wyn Birkenthal, Director
City of Bremerton 680 Lebo Blvd
345 6" Street, Suite 600 Bremerton, WA 98310
Bremerton, WA 98337
THIS AMENDMENT constitutes the entire amendment to the agreement between the City and
the Agency
AGENCY-
City of Bremerton Parks and Recreation CITY OF BREMERTON, WASHINGTON
Wyn Birkenthal, Director Marie Vila, CDBG /HOME Program Administrator
Date 7 Date 2 (6 l y
Patty Lent, May ity of Bremerton
Date
Budget Summary - Amendment 1
2012 City of Bremerton /Kitsap County CDBG /HOME Programs
Uses of Funding
AGENCY COB Parks & Recreation Department PROJECT NAME Evergreen Accessible Play Project
PROJECT COSTS Total CDBG /HOME CDBG /HOME Other
All Funds COUNTY CITY Source of Funds
PERSONNEL includes
Managers
Staff
Taxes and Benefits
AMOUNT $ $ $ $
SUPPLIES /EQUIPMENT includes
Office Supplies
Equipment _
AMOUNT $ $ $ $
ADMINISTRATION includes
Advertising
Audit
Insurance /Bonds
Postage /Printing
Rent/Utilities
Communication
Training/Travel
Transportation _
AMOUNT $ $ $ $
ACQUISITION COSTS includes
Acquisition
AMOUNT $ $ $ $
DEVELOPMENT SOFT COSTS
includes
Appraisal
Design and A & E $ 10,000 $ 5,000 $ 5,000
Processing /Settlement/financing
Marketing
O peratin g Reserve
AMOUNT $ 10,000 $ $ 5,000 $ 5,000
DEVELOPMENT HARD COSTS
includes
Clearance /Demolition $ 9,350 $ 2,500 $ 6,850
Construction $ 402,850 $ 152,850 $ 250,000
Rehabilitation
Improvements___
AMOUNT $ 412,200 $ $ 155,350 $ 256,850
OTHER COSTS includes
Relocation
Operatin /Mainten Expenses
AMOUNT $ $ $ $
TOTAL PROJECT COSTS $ 427,2 $ 160,350 $ 261,850
A �
Budget Summary - Amendment 2
2012 City of Bremerton /Kitsap County CDBG /HOME Programs
Uses of Funding
AGENCY COB Parks & Recreation Department PROJECT NAME Evergreen Accessible Play Protect
PROJECT COSTS Total CDBG /HOME CDBG /HOME Other
All Funds COUNTY CITY Source of Funds
PERSONNEL includes
Managers
Staff
Taxes and Benefits
AMOUNT $ $ $ $
SUPPLIES /EQUIPMENT includes
Office Supplies
Equipment
AMOUNT $ $ $ $
ADMINISTRATION includes
Advertising
Audit
Insurance /Bonds
Postage /Printing
Rent/Utilities
Communication
Training/Travel
Transportation
AMOUNT $ $ $ $
ACQUISITION COSTS includes
Acquisition
AMOUNT $ $ $ $
DEVELOPMENT SOFT COSTS
includes
Appraisal
Design and A & E $ 10,000 $ 5,000 $ 5,000
Processing /Settlement/financing
Marketing
Operatin Reserve
AMOUNT $ 10,000 $ $ 5,000 $ 5,000
DEVELOPMENT HARD COSTS
includes
Clearance /Demolition $ 9,350 $ 2,500 $ 6,850
Construction $ 401,863 $ 151,863 $ 250,000
Rehabilitation
Im provements
AMOUNT $ 411,213 $ $ 154,363 $ 256,850
OTHER COSTS includes
Relocation
Operatin Ex
AMOUNT $ $ $ 1 $
TOTAL PROJECT COSTS $ 421,2131$ 1 $ 159,3631 $ 261,850
Contract Number.
Vendor•
Sub�ect:
Department
File Class:
Begin Date•
End Date.
Review Date:
Vault Date•
5159
BREMERTON PARKS & REC
ASA - Evergreen Accessible Playground
CDBG
LEG 12-1
6/1/2012
12/31/2014
2016
Comments :
C(�'��. c y
/
Contract No 631208
A enc . Ci of Bremerton Parks and Rec
Pro'ect• Ever reen Accessible Pla round
Grant Amount• $160,850
CFDA #• 14.254
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
AN AGREEMENT, by and between City of Bremerton hereinafter referred to as "City" and, City of
Bremerton Department of Parks and Recreation, heremafter referred to as "Agency" by which the Agency
agrees to carry out specific activities under City of Bremerton's Commurnty Development Block Grant Program and
establishing certain other terms and conditions of operation
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
SECTION 1 SCOPE OF SERVICES
The City, as recip�ent of a Community Development Block Grant (CDBG) from the Urnted States Department of
Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby
agrees to undertake the actwities specifically described m the application and summarized below
A. General Statement
Grant funds wdl be used to redevelop Evergreen Park's playground to serve chddren and adults of all abd�fies
w►th a fully access�ble design for people with spec�al needs, ►nclud►ng those in wheelcha�rs Addit►onal park
improvements wdl be made for wheelcha�r accessibdity to the playground from other areas of the park
B. Aaencv Shall:
1 Facditate completion of NEPA review
2 Facditate Davis-Bacon compliance if non-C►ty contractors wdl be workmg on-site
Budd new, "beyond accessible" playground to replace older, outmoded existmg playground at
3 Evergreen Park New playground will meet or exceed the level of handicapped accessibdity
mandated b the Americans with Disabdit�es Act
4 • Work m partnership with community group "Bremerton Beyond Accessible Play" for
identi m s ecialized desi n needs, fundraisin
5 Install new or improve existing access paths throughout park, wheelchair accessible curbcuts,
access from arkin areas, and si na e to ensure new la round is full and easd accessible
s • Develop van accessible parkmg space and excellent ADA access to park features to allow
accessible ublic trans ortation to serve the ark
7 Promote accessible park improvements through
g • Agencies like Holly Ridge and the Bremerton and North Kitsap School Distncts
9 • City Website, and other City Parks Department publications and tools
10 Maintain required records to demonstrate program eligibdity for Block Grant funding
11 Maintain required records and track relevant data to demonstrate CDBG program successes,
mcludm anecdotal documentation showm use of new la round b tar et o ulation
12 Submit quarterly reports and bdling vouchers in a timely manner
13 Subm�t photos (JPEG) of the program in action with your final quarterly report
SECTION 2. PROJECT DESCRIPTION
Tvpe of Proiect Funded Amount
Evergreen Park Accessible Playground $160,850
Action Plan Year: 2012
Pro�ect Location Service Area
Bremerton, WA Bremerton
Ob�ect of Activity: Suitable Environment Action Description Code• 03
Outcome: Ava�lability/Accessibdity National Ob�ectrve: LMA
Basic Eligible Activity 24 CFR 570.201(c) Public Facdities and Improvements
SECTION 3. AGENCY SCHEDULE FOR COMPLETION (speci�c mdestones)
Spectfic Tasks Start Date End Date
Complete Environmental Review July 2013 Aug 2013
Pro�ect plans and specs finalized, source materials Oct 2012 Aug 2013
Identify any non-City contractors sub�ect to DBRA July 2013 Sept 2013
Permittmg July 2013 Sept 2013
Groundbreaking Oct 2013
Demolition / Site preparation Oct 2013 Nov 2013
Playground curbmg, equipment installation, approach paths Nov 2013 Jan 2014
Play area surfacmg Jan 2014 Feb 2014
Seating, fencing, bollards, signage, landscaping and site Feb 2014 Mar 2014
restoration
Pro�ect completion (all environmental, DBRA, and other Apr 2014 May 2014
requirements met)
SECTION 4. TERM OF AGREEMENT
The term of this Ag�eement is June 1, 2012 through December 31, 2014, but may be extended pursuant to
an amendment to this Agreement as authonzed in Article IV, Section 9(Amendments to Agreement) Should
additional time for auditing this pro�ect be requrred, �n accordance with law, th�s Agreement shall be deemed
automatically extended until such time as the said audit shail be completed In any event, the term of this
Agreement shall cover the period that the Agency has control over Community Development Block Grant funds,
includmg program mcome
SECTION 5. PROGRAM REPORTtNG
The Agency shali submit such repo�ts as required by the City to meet its local obligations and its obligation
to the Department of Housing and Urban Development The City will prescnbe the report format, as weil as the
time and locat�on for submission of such reports Required reports included but are not limited to the following
(A) Quarte�ly reports which shall mclude the progress made to date, or�ustification for lack of progress, m
providing the services specified m Article I, Section 1 Scope of Services, of this Agreement according to the
schedule for compietion m Article 1 Section 3 Schedule for Completion of this Agreement
(B) Quarterly reports on demographic, neighborhood residence, and �ncome information regarding persons
assisted by the Agency through this Agreement
(C) Semi-Annual budget reconcdiation which will compare your approved budget with actuals for year-to-date
(D) Close out reports �ncluding a final performance report, inventory of ail property acquired or improved w�th
CDBG funds, and final financial report, upon termination or completion of the award
2
ARTICLE II. FINANCIAL CONDITIONS
SECTION 1. BUDGET AND COMPENSATION
The City shall re�mburse the Agency its aliowable costs for the services identified in this Agreement not to
exceed One Hundred Sixty Thousand Eight Hundred Fifty Doilars ($160,850.00) upon presentation of a
properly executed invoice �n a form approved by the City
Such reimbursement shall constitute full and complete payment by the City under this Agreement
Allowable costs shall mean those necessary and proper costs identified in the Agency's application and approved
by the City unless any or all such costs are disallowed by the State of Washington or the Urnted States
Any reimbursements made under this Agreement must comply with the appiicabie requirements of 24 CFR
Part 85 The Agency may not request disbursement of funds under this Agreement until the funds are needed for
payment of eiigible costs The amount of each request must be limited to the amount needed
Budqet Summarv
See Attachment `A' for Budget Summary
Time of Pavment Payment shall be made upon receipt of reimbursement request voucher mailed to
CDBG Office, City of Bremerton Department of Community, 345 6 Street Suite 600, Bremerton, WA 98337-
1869
Where Pavments Are Made Payments shall be made to City of Bremerton Department of Parks and
Recreation, 680 Lebo Blvd, Bremerton WA 98310, via interfund transfer
The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget
Summary outimed in Attachment A Any line-item expense, by itself or in combination with other line item expense
change, equal to or greater than 10% of the total budget amount over the life of the Agreement shall require a
forma! amendment to the Agreement Any request for a Ime-item expense, by itself or m combination w�th other
Ime item expense change, equal to or less than 10% of the total budget amount shali be submitted in wnting and
shall specifically state the reasons for the requested mcrease and a �ustification for the corresponding decrease in
other line-item(s) All budget revision and/or amendment requests wdl be reviewed and approved or denied by the
City
SECTION 2 DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official
documentation, as evidence of the nature and propriety of the charges All accountmg documents pertairnng in
whole or in part to this Agreement shall be clearly identified and readdy accessible, and upon reasonable notice, the
City and United States shall have the rrght to audit the records of the Agency as they relate to the work The
Agency shall also
(A) Maintain an effective system of internal fiscal control and accountabdity for all CDBG funds and property
acquired or improved with CDBG funds, and make sure the same are used solely for authonzed purposes
(B) Keep a contmuing record of all d�sbursements by date, check number, amount, vendor, description of items
purchased and line item from which money was expended, as reflected in the Agency's accounting
records The line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll
record
(C) Maintain payroll and financial records for a penod of six (6) years after rece�pt of final payment under this
Agreement provided that this program has been monitored by HUD and the annual State audit (which
inciuded the CDBG Program), has been completed
(D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by
representatives of the City the State Auditor or the Urnted States at nay time during normal business hours
and as often as necessary
(E) Inform the City concernmg any funds allocated to the Agency, that the Agency anticipates wdl not be
expended during the Agreement penod, and permit reassignment of the same by the City to other
agencies
(F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due
to the City or the United States
(G) Maintam complete records concerrnng the receipt and use of all program income Program mcome shall be
reported on a monthly basis on forms provided by the City
SECTION 3. REIMBURSEMENT
The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly
executed invoice in a form approved by the City Only those allowable costs directly related to the Agency's
application, approved by the City shall be paid consistent with Article II Section 2 Documentation of Costs and
Other Financ�al Reporting The Amount of each request must be limited to the amount needed for payment of
eligible costs
Notwithstandmg any other provisions m this section, reimbursement for construction contracts shall have
ten percent (10%) of the payment retamed until close out of funds pursuant to Articte IV, Section 12 of this
Agreement
In the event the City or United States determmes any funds were expended by the Agency for unauthorized
or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States
may order repayment of the same The Agency shall remit the disallowed amount to the City withm thirty (30) days
of wntten notification of the disallowance
(A) The Agency agrees that funds determmed by the City to be surplus upon completion of the Agreement will
be sub�ect to cancellation by the City
(B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attnbutable to the use of CDBG funds
(C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available
for any cause other than misfeasance of the City itself
(D) The City reserves the nght to withhold payments pendmg timely delivery of program reports or documents
as may be required under this Agreement
SECTION 4. PROGRAM INCOME
Use of any program income received by the Agency with CDBG funds under this Agreement shall comply
with 24 CFR 570 504(c), consistent with the provisions descnbed as follows
This pro�ect wdl not generate any program income
If authonzed above, program income generated from the use of CDBG funds that is allowed to be retained by the
Agency wdl be considered additional CDBG funds, sub�ect to all conditions applicable to the use of funds described
in this Agreement All program income shall be substantially disbursed for eligible activities before additional
requests for reimbursement are made to the City Program income not used in th�s manner shall be retumed to the
City Complete records shall be maintained on the receipt and use of all program income Any program income on
hand when this Agreement is terminated, or received after such termination, shall be reimbursed to the City
4
ARTICLE III. FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
Ail 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 famdies provided a
specific d�rect benefit or service must qualify under Federal Section 8 income limits as established by HUD Any
deviation can be made only if it is clear that the service or benefit, to a person who income exceeds very low and
low income persons, is otherwise necessary as an integral part of the activity The Agency shall maintam 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 ethrnc/racial minonty
SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) Agencies which are governmental entities (including public agencies), shall comply with the requirements
and standards of OMB Circular No A-87, "Pnnciples for Determining Costs applicable to Grants and
Contracts with State, Local and Federally recogrnzed Indian Tnbal Governments" OMB Circular A-133,
"Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with the followmg sections
of 24 CFR Part 85 "Uniform Admmistrative Requirements for Grants and Cooperative Agreements to State
and Locai 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 fmancial management system," except paragraph (a),
(5) Section 85 21, "PaymenY', except as modified by part 570 513,
(6) Section 85 22, "Allowable costs",
(7) Section 85 26, "Non-federal audits",
(8) Section 85 32, "Equipment", except in all cases m which the eqwpment 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, "ProcuremenY', except paragraph (a),
(13) Section 85 37, "Subgrants " ,
(14) Section 85 40, "Monitonng and reportmg program performance ", except paragraphs (b) through (d)
and (fl,
(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",
5
(18) Section 85 44, "Termination for convernence",
(19) Section 85 51, "Later disallowances and ad�ustmenY', 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 Prmciples for Non-Profit Organizations" or OMB Circular No
A-21, "Cost Pnnciples for Educational Institutions, as applicable, and OMB Circular A-133 "Audits of
Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45) Audits
shall be conducted annually Such agencies shall also comply with the following provisions of the Uniform
Administrative requirements of OMB Circular No A-110 (implemented at 24 CFR part 84, "Uniform
Admmistrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or
Other Non-Profit Orgarnzations") or the related CDBG provision, as specified below
(1) Subpart A, - "General",
(2) Subpart B, -"Pre-Award Requirements," except for § 84 12, "Forms for Applymg for Federal
Assistance",
(3) Subpart C=`Post-Award Requirements," except for
(i) Section 84 22, "Payment Requirements," Grantees shall follow the standards of
§§85 20(b)(7) and 85 21 in making payments to subrecipients,
(n) Section 84 23, "cost sharmg and Matchmg"
(ui) Section 84 24, "Program Income " In lieu of §84 24, CDBG subrecipients shall fotlow
§570 504,
(iv) Section 84 25, "Revision of Budget and Program Plans"
(v) Section 84 32, "Real Property " In lieu of §84 32, CDBG subrecipients shall follow
§570 505,
(vi) Section 84 34(g), "Equipment " In lieu of the disposition provisions of §84 34(g), the
following applies
(A) In all cases m 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 shail be transferred to
the recipient for the CDBG program or shall be retained after compensating the recipient,
(vu) Section 84 51 (b), (c), (d), (e), (fl, (g), and (h), "Monitoring and reportmg Program
Performance",
(viu) Section 84 52, "Financial Reportmg",
(ix) Section 84 53(b), "Retention and access requirements for records " Section 84 53(b)
applies with the foilowmg exceptions
(A) The retention period referenced in §84 53(b) pertaining to individual CDBG activities
shall be four years, and
(B) The retention penod starts from the date of submission of the annuai 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 subm�ssion of the final expenditure report for the award,
(x) Section 84 61, "Termination " In lieu of the provisions of §84 61, CDBG subrecipients
shall comply with §570 503(b)(7), and
(xi) Subpart D-"After-the Award Requirements," except for §84 71, "Close-out
Procedures "
SECTION 3. SEPARATION OF CHURCH AND STATE
In addition to, and not m subst�tution for, other provisions of this Agreement regardtng the provision of
services utdizing CDBG funds the Agency agrees that, in connection with such services
�
(A) It will not discnminate against any employee or applicant for employment on the basis of religion and wdl
not limit such services or give preference to persons on the basis of religion,
(B) It witl not discriminate against any person applying for such public services on the basis of religion and will
not limit such serwces or give preference to persons on the basis of religion,
(C) It wdl provide no religious mstruction or counseling, conduct no religious worship or serv�ces, engage in no
religious proselytizing, and exert no other religious mfluence in the provision of such services,
(D) The portion of a facdiry used to provide services assisted m whole or in part under this Agreement shall
contam no sectarian or religious symbols or decorations whde it is bemg used to provide CDBG funded
seroices
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 discnmmated
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 advertismg, layoff
or termination, rates of pay, or other forms of compensation and selection for trainmg 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 compiiance.
(A) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qual�fied applicants will recewe consideration for employment without regard to
race, color, religion, sex, or national origin
(B) The Contractor wdl send to each labor union or representative of workers with which he had a collective
bargaining agreement or other contract or understandmg, a notice to be provided by the agency contracting
officer, advising the labor urnon of workers' representative of the contractor's comm�tments under Section
202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places avadabie to employees and applicants for employment
(C) The Contractor will furrnsh all mformation 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 mvestigation 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, termmated or suspended in
whole or in part and the Contractor may be declared ineligible for further Govemment 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 wdl include the provisions of this Section (Article ill (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 wdl 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 mciuding
sanctions for noncompliance, provided, however, that m the event the Contractor becomes involved in, or is
threatened with, litigation with a subcontracto� or vendor as a result of such direction, the Contractor may
request the Urnted States to enter into such litigation to protect the interests of the United States
%I
SECTION 5. LOCAL EMPLOYMENT AND PURCHASING
Funding under this agreement is sub�ect 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 wouid prevent
them from complymg with these requirements
Section 3 requires that to the greatest extent feasible, opportunities for trairnng and employment be given
to lower mcome residents of the pro�ect area and agreements for work in connection with the pro�ect be awarded to
business concerns which are located in or owned m substantial part by persons residmg m, the area of the pro�ect
Section 3 applies to trairnng, employment, contracting and other economic opportunities ansing in connection with
the expenditure of housing assistance and commurnty development assistance that is used for the followmg
pro�ects 1 Hous�ng rehabditation (including reduction and abatement of lead based paint hazards, but excluding
routine maintenance repair and replacement), 2 Housmg construction, and 3 other public construction
SECTION 6 CONFLICT OF INTEREST
No member, officer, or empfoyee 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
exerc�ses any function or responsibilities with respect to the program during his tenure or for one year thereafter,
shall have any mterest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof
The Agency shall take appropriate steps to assure compliance includmg mcorporation of the following
provision in every Subcontract
The Contractor covenants that no person who presently exercises any functions or responsibdities in
connection with the City of Bremerton CDBG Program wdl obtam a personal or financial mterest 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 mdirect, either for themselves or those with whom they have
business, or famdy, 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 (famdies, mdividuals, businesses, non-
profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and m all
mstances must receive pnor wntten approval from the City
SECTION 8. DAVIS BACON AND RELATED ACTS
The Agency shall comply with the requirements of the Davis-Bacon and Related Acts (DBRA) as outlined m
29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted,
and involves the employment of laborers and/or mecharncs 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 elimmation, 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
8
SECTION 10. DISCRIMINATION PROHIBITED
(A) The Agency shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or
age
(1) Deny a qualified individual any facdities, financial aid, services or other benefits provided under this
Agreement,
(2) Provide any fac�lities, serv�ces, financial aid, or other benefits which are different, or are provided in
a different manner, from those provided to others under this Agreement,
(3) Sub�ect an individual to segregated or separate treatment in any facdity in, or in any matter if
p�ocess related to receipt of any service or benefit under this Agreement,
(4) Restrict an individual m any way in access to, or m the en�oyment of any advantage or pnvdege
en�oyed by others in connection with any service or benefit under this agreement,
(5) Treat anyone differentiy from others in determining if they satisfy any admission, enrollment,
eligibdity, membership or other requirement or condition which the mdividual 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 discnmination agamst handicapped indwiduals,
and the Age Discnmination Act of 1975 (implemented in 24 CFR part 146) prohibitmg discrimmation on the
basis of age, either through purpose or intent
(C) If assignment and/or subcontractmg has been authorized m writing, said assignment or subcontract shall
inciude appropriate safeguards against discnmination 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
prowsions 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 Disabdities Act, as set forth in 24 CFR 570 614 A budding or facdity designed, constructed, or
aitered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the
defirntion of "residential structure" as defined in 24 CFR part 40 2 or the definition of "budd�ng" as defined m 41 CFR
part 101-19 602(a) is sub�ect to the requirements of the Architectural Barners Act of 1968 (42 USC 4151-4157) and
shali comply with the Urnform 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 buddings) The Americans
with Disabdities Act ("ADA") (42 USC 12131, 47 USC 155, 210, 218 and 255) requires that the design and
construction of facdities for first occupancy after January 26, 1993 must mclude measures to make them readily
accessible and usable by individuals with disabdities The ADA fu�ther requires the removal of architectural barriers
and communicat�on barriers that are structural in nature in existmg facdities, where such removai is readily
achievable -- that is, easily accomplishable and able to be carned out without much difficuity or expense
E
SECTION 12. OTHER PROGRAM REQUIREMENTS
The Agency shall carry out each activity in compliance with all Federal laws and regulations descnbed m
Subpart K of 24 CFR 570, regardless if the law is specificaily stated m this Agreement, except that
(A) The Agency does not assume the City's environmental responsibdities described in Section 570 604, and
(B) The Agency does not assume the City's responsibdity for irntiating the review process under Executive
Order 12372
ARTICLE IV: GENERAL CONDITIONS
SECTION 1 COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and
Local Laws and ordmances, and the rules and regulations promulgated by the U S Department of Housing and
Urban Development, mcluding but not limited to Federal Commurnty Development Block Grant Regulations,
Washington Law Agamst Discrimination, and other policies and gu�del�nes established for the City of Bremerton
CDBG Program by the Bremerton City Council Agency agrees to comply with all provisions of the Americans With
Disabdities Act and all regulations interpreting or enforcmg such act Agency agrees to comply with the National
Environmental Policy Act (NEPA) through the entire course of the pro�ect
SECTION 2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, City
or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and
licensing, cert�fication and operation of facilities and programs, and accreditation and licensing of �ndividuais, and
any other standards or cnteria as descnbed in the Agreement to assure quality of services
SECTION 3. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the City, its appointed and elected o�cers and
empioyees from and agamst any and all liability, loss, costs, damage and expense, includmg costs and attorney
fees in defense thereof because of actions, claims or lawsuits for damages resultmg from personal or bodily mJury,
including death at any time resulting from there, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arismg or alleged to have ansen directly or indirectly out of or in
consequence of or the performance of this Agreement, whether such in�uries to persons or damage to property is
due to the negligence of Agency, its subcontractors, agents, successor, assigns This provision shall be
inapplicabie to the extent the City is �udicially found solely negligent for such damage or in�ury
SECTION 4. NOTICES
Any notices required to be given by the City to the Agency or by the Agency to the City shall be m writing
and delivered to the followmg parties at the following addresses
City:
CDBG Office
City of Bremerton Community Development
345 6 Street Suite 600
Bremerton, WA 98337-1869
Agency:
City of Bremerton Dept of Parks and Recreation
Wyn Birkenthal
680 Lebo Bivd
Bremerton, WA 98310
SECTION 5. CITIZEN PARTICIPATION
The Agency wdl implement the provisions of this Agreement in such a manner as not impede the
attamment of widespread citizen participation in pianning and carrying out the pro�ect
L[I]
SECTION 6 ASSIGNMENT AND SUBCONTRACTING
The Agency shall not ass�gn or subcontract any portion of the services provided w�thin the terms of this
Agreement without obtaining prior written approval from the City All terms and conditions of this Agreement shall
appiy to any approved subcontract or ass�gnment related to the Agreement
SECTION 7 RESERVATION OF RIGHTS
Fadure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not
be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to
be a waiver of any other breach
SECTION 8 AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or modified without the wntten
concurrence of both parties
SECTION 9 FAILURE TO PERFORM
In the event of a fadure by the Agency to comply, with any terms or conditions of this Agreement or to
provide in any manner the activities or other pertormance as agreed to herein, the City reserves the right to
temporardy withhold all or any part of payment pending correction of the deficiency, suspend all or part of the
Agreement, prohibit the Agency from incurring additional obligations of funds unttl the City is satisfied that
corrective action has been taken or completed, or recapture funds already disbursed to Agency The option to
withhold or recapture funds is m addition to, and not in lieu of, the City's nght to terminate as provided in Article IV
Section 11 of the General Conditions of this Agreement The City may consider performance under this Agreement
when considering future awards
SECTION 10 TERMINATION
If the Agency fads to comply with the terms and conditions of this Agreement, the City may pursue such
remedies as are avadable in accordance with 24 CFR 85 43 mcluding but not limited to, the termination of this
Agreement m the manner specified herein
(A) Termination for Cause — if the Agency fails to comply with the terms and conditions of this Agreement and
any of the following conditions exist
(1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the
City deems continuation of this Agreement to be substantially non-beneficial to the public mterest,
(2) The Agency has faded to take satisfactory corrective action as directed by the City or its authorized
representative within the time specified by same,
(3) The Agency has failed within the time specified by the City or its authorized representative to
satisfactonly substantiate its compliance with the terms and conditions of this Agreement
The City may terminate this Agreement in whole or in part, and there upon shall notify in writing the Agency
of the termination, the reasons therefore, and the effective date The effective date shall not be pnor to notification
of the termination by the City to the Agency Costs resulting from obligations incurred by the Agency after
termmation of the Agreement are not allowable unless specifically authonzed m writing by the City
(B) Termmation for Convernence
The award may be terminated for convenience, in whole or in part, as follows
11
(1) By the City with the consent of the Agency The two parties shall agree upon the termmation
conditions, including the effective date and in the case of partial termination, the portion to be
termmated, or
(2) By the Agency upon submitting written notification to the City The wntten notification must set
forth the reasons for the termmation, the effectwe date, and in the case of partial termmation, the
portion to be terminated However, in the case of a proposed partial termination, the City may
termmate the award in its entirety if the City determines that the remaming portion wrH not
accomptish the purpose for which the award was made
(C) Termination for Withdrawal. Reduction or Limitation of Fundina
In the event that fund�ng from the Federal government is withdrawn, reduced or limited in any way after the
effective date of this Agreement, and prior to its normal compietion, the City may summanly terminate this
Agreement as to the funds reduced or limited, nofinnthstand�ng any other termination provision of this
Agreement If the level of fund�ng so reduced or limited is so great that the Department of Community
Development deems that the contmuation of the program covered by the Agreement is no longer in the
best mterest of the public, the City may summardy terminate this Agreement in whole notwithstanding any
other termination provisions of this Agreement Termination under this Section shall be effective upon
receipt of wntten notice by the Agency or its representative
SECTION 11 CLOSE-OUT
Upon termmation of this Agreement, m whole or in part for any reason including completion of the pro�ect,
the following provisions shall apply
(A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable
reimbursable costs not covered by previous payments,
(B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, aii financ�al,
pertormance and other reports reqwred by this Agreement, and in addition, wdl cooperate in a program
audit by C�ty of Sremerton or its designee,
(C) Closeout of funds wdl not occur unless all requirements of 24 CFR 92 507 and atl outstanding issues with
the general contractor and or subcontractor have been resolved to the satisfaction of the City
SECTION 12. VENUE AND CHOICE OF LAW
Any action at law, su�t in equity, or other �udicial proceeding for the enforcement of this Agreement
or any provisions thereof shall be instituted only in the Supenor Court of the State of Washington, County of Kitsap
It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington,
both as to interpretation and performance
SECTION 13 SEVERABILITY CLAUSE
It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts
to be �Ilegal or in conflict with any law of the state where made, the validity of the remaining portions or prowsions
shall not be affected, and the rights and obligations of the parties shail be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be mvalid
12
SECTION 14. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between the parties and both
parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text
of this Agreement
AGENCY CITY OF BREMERTON, WASHINGTON
City of Bremerton
Dept of Parks and Recreation
� G� ��1/'�,
Mane Vda, CDBG/HOME Administrator
By
U
Dat�
APPROVED AS TO FORM
BR
BY
�
Patty Lent, y r
Date � �' l7i
13
INDEX TO CDBG AGREEMENT
Article I. Pro�ect
1 Scope of Services
2 Pro�ect Description
3 Schedule of Completion
4 Term of Agreement
5 Program Reporting
Article II Financial Cond�tions
1 Budget and Compensation
2 Documentation of Costs and Other Financial Reporting
3 Reimbursement
4 Program Income
Article 111. Federal Conditions
1
2
3
4
5
6
7
8
9
10
11
Benefit to Low Income People
Uniform Administrative Requirements
Separation of Church and State
Non-Discrimination in Employment and Purchasing
Local Employment and Purchasing
Conflict of Interest
Displacement, Relocation, Acquisition and Replacement of Housing
Davis Bacon and Related Act
Lead Based Paint
Discnmination Prohibited
Other Program Requirements
Article IV. Generai Conditions
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Compliance with Laws
Licensing and Program Standards
Insurance
Indemnity
Notices
Citizen Participation
Assignment and Subcontracting
Reservation of Rights
Amendments to Agreement
Fadure to Perform
Termmation
Close-Out
Venue and Choice of Law
Severabdity Clause
Integrated Document
14
AGENCY City of Bremerton Dept of Parks and Recreation
PROJECT Evergreen Accessible Playground 2012 -#631208
PROJECT COSTS Total CDBG CDBG Other Other
All Funds Ci Funds Coun Funds L�ons/Parks
PERSONNEL �ncludes
Managers
Staff
_ Taxes and Benefits_ _
AMOUNT $0 00 $0 00 $0 00 $0 QO $0 00
SUPPLIES/EQUIPMEN7 includes
O�ice Supplies
Eqwpment _
AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00
ADMINISTRATION includes
Advertsing
Audit
InsuranceBonds
Postage/Pnnting
RenWtdit�es
Communication
Trairnng�fravel
_ _ Transportation _ _ _ _ _
AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00
ACQUISITION COSTS includes
Acquis�tion
AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00
DEVELOPMENT SOFT COSTS
mcludes
Appraisal
Desrgn and A & E $10,000 $5,000 $5,000
Processing/Settiement/financmg
Marketmg
OperaUng Reserve _ __
AMOUNT $10,000 00 $5,000 00 $0 00 $5,000 00 $0 00
DEVELOPMENT HARD COSTS
includes
Clearance/Demolition $9,350 $2,500 $6,850
Construction $403,350 $153,350 $250,000
Rehabddation
Improvements
AMOUNT $412,700 $155,850 $0 00 $256,850 $0 00
OTHER COSTS �ncludes
Relocation
Operatmg/Maintenance Expenses _ _ _ ___ _ _ _ __ _ _ _ _ _ _
AMOUNT $0 00 $0 00 $0 00 $0 00 $0 00
TOTAL PROJECT COSTS $422,700 $160,850 $0 00 $261,850 $0 00
15