HomeMy WebLinkAbout5162 Contract Number 5162
Vendor: BREMERTON FOODLINE
Subject. ASA - Agency Salaries
Department CDBG
File Class: LEG 12 -1
Begin Date: 1/1/2012
End Date. 12/31/2012
Review Date:
Vault Date: 2014
Comments: CLOSED
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Contract No. 631204
A enc : Bremerton Foodline
Pro"ect: A enc Salaries
GrantAmount: $11,311
CFDA # 14.254
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
AN AGREEMENT, by and between City of Bremerton hereinafter referred to as "City" and, Bremerton
Foodline, hereinafter 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 recipient of a Community Development Block Grant (CDBG) from the United States
Department of Housmg and Urban Development (HUD), hereby designates the Agency to undertake, and the
Agency hereby agrees to undertake the activities specifically described in the appiication and summarized below
A. General Statement
Grant funds will be used to supplement cnt�ca/ fundmg of 2012 Bremerton Foodl►ne staff sa/anes of four
part-time pos�tions inc/ud►ng Execut�ve D►rector, Superv�sor of Operat►ons, O�ce Manager/Outreach
Coordmator, and Dnver El�g►b/e staff time wdl be limited to hours spent engaged �n activities directly related
to the prowsion of food Time related to other act�v�ties, such as fundra�s�ng, �s not eligib/e and w►11 be
reported only for tota/ payroll purposes
B. Aaencv Shall:
� Provide new and continued access to emergency food assistance to 48,000 duplicated/unduplicated
individuals, includin 8,000 undu licated Bremerton residents dunn 2012
2 Work in collaboration with other area agencies, and with the Continuum of Care Coalition to ensure
services are tar eted to commurn 's needs, mcludin
3 • Contmue to serve as the central Kitsa Count distribution oint for Food Lifeline deliveries
4 • Provide warehouse and mventory management services for the Northwest Harvest partner
distribut�on in Kitsa Coun
5 • Provide warehouse and inventory management services for the Federal Commodity
Su lemental Food Pro ram m Kitsa Coun
s • Participate m the various Community Jobs program through KCR to provide work skdl
trainin to individuals to hel m re arm them for lon term em lo ment
7 • Provide work lace settin for s ecial-needs student work ex enence durin school ear
$ • Provide Outreach and referral assistance
improve access for diverse populations by providing outreach through collaboration with assistance
9 agencies such as °Takin' It To The Streets", "Rescue Mission", "the Lord's Neighborhood Diner" and
"Geor ia's House" for food distribution
Track short and long term successes through the followmg measureable outcomes
• 5% Improvement in nutntion of client famdy food distributed
10 • 10% Increase m clients' willingness to seek sources of commurnty support as demonstrated
through referrals and client information/brochure usage
• 5% Increased food sources for all Kitsap County agencies where food sources are
avadable in a de ressed econom
Maintam reqwred records and track relevant data to demonstrate CDBG program successes,
11 mcludmg number of unduplicated clients served, separating the counts between the City and the
Coun , includin race and ethnici
SECTION 2. PROJECT DESCRIPTION
Tvpe of Proiect Funded Amount
Public Servic�Agency Salaries $11,311
Action Plan Year: 2012
Pro�ect Location Service Area
160012 Street Bremerton
Bremerton, WA 98337
Object of Activity: Suitable Living Environment Action Description Code: 05 Public Services
Outcome: Avadabdity/Accessibdity NationalObjective: LMC
Basic El�gible Activity (24 CFR 570.201(e) Pubiic Services
SECTION 3. TERM OF AGREEMENT
The term of this Agreement is January 1, 2012 through December 31, 2012 Should additional time for
auditmg this pro�ect 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 mcome
SECTION 4. PROGRAM REPORTING
The Agency shall submit such reports as required by the City to meet its local obligations and its obligation
to the Department of Housing and Urban Development The City wdl prescribe the report format, as well as the
time and location for submission of such reports Required reports included but are not limited to the followmg
(A) Quarterly reports which shall include the progress made to date, or �ustification for lack of progress, in
providmg the services specified in Article I, Section 1 Scope of Services, of this Agreement accordmg to the
schedule for completion in Article 1 Section 3 Schedule for Completion of th�s Agreement
(B) Quarterly reports on demographic, neighborhood residence, and income mformation 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 inciudmg a final performance report, �nventory of all property acquired or improved with
CDBG funds, and final financial report, upon termination or completion of the award
ARTICLE II. FINANCIAL CONDITIONS
SECTION 1. BUDGET AND COMPENSATION
The City shall reimburse the Agency its allowable costs for the services identified in this Agreement not to
exceed Eleven Thousand Three Hundred Eleven Dollars and No Cents ($11,311) upon presentation of a
properly executed invoice in a form approved by the City
Such reimbursement shall constitute full and complete payment by the City under this Agreement
Allowable costs shail mean those necessary and proper costs identified �n the Agency's application and approved
by the City unless any or all such costs are disallowed by the State of Washmgton or the United States
Any reimbursements made under this Agreement must comply with the applicable requirements of 24 CFR
Part 85 The Agency may not request disbursement of funds under this Agreement untd the funds are needed for
payment of eligible costs The amount of each request must be limited to the amount needed
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Budaet Summarv
See Attachment `A' for Budget Summary
Time of Pavment Payment shail be made upon receipt of reimbursement request voucher maded 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 Bremerton Foodiine, P.O. Box 824, Bremerton WA
98337.
The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget
Summary outlined in Attachment A Any line-item expense, by itself or in combmation 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
formal amendment to the Agreement Any request for a Ime-item expense, by itself or in combinat�on with other
line item expense change, equal to or less than 10% of the total budget amount shall be submitted in writing 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 propnety of the charges All accounting documents pertammg in
whole or in part to this Agreement shall be clearly identi�ed and readdy accessible, and upon reasonable notice, the
City and United States shall have the right to audit the records of the Agency as they relate to the work The
Agency shall also
(A) Maintain an effective system of internal fiscal control and accountabdity for all CDBG funds and property
acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes
(B) Keep a contmuing record of all disbursements by date, check number, amount, vendor, descnption of items
purchased and Ime item from which money was expended, as reflected in the Agency's accountmg
records The line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll
record
(C) Mamtain payroll and financial records for a period of six (6) years after receipt of final payment under this
Agreement provided that this program has been morntored by HUD and the annual State audit (which
included the CDBG Program), has been completed
(D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by
representatives of the City the State Auditor or the United States at nay time dunng normal business hours
and as often as necessary
(E) Inform the City concerning any funds allocated to the Agency, that the Agency anticipates wdl not be
expended dunng the Agreement period, and permit reassignment of the same by the City to other
agencies
(F) Repay to the City any funds in its possession at the time of termmation of this Agreement that may be due
to the City or the United States
(G) Maintam complete records conceming the receipt and use of all program mcome Program income shall be
reported on a monthly basis on foRns provided by the City
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SECTION 3. REIMBURSEMENT
The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly
executed mvoice in a form approved by the City Only those allowable costs directly related to the Agency's
application, approved by the City shall be paid consistent with Article II Section 2 Documentation of Costs and
Other Financial Reporting The Amount of each request must be limited to the amount needed for payment of
eligibie costs
Notwithstanding any other provisions in this section, re�mbursement for construction contracts shall have
ten percent (10%) of the payment retamed untd close out of funds pursuant to Articie IV, Section 12 of this
Agreement
In the event the City or Urnted States determmes any funds were expended by the Agency for unauthorized
or meligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States
may order repayment of the same The Agency shall remit the disallowed amount to the City within thirty (30) days
of wntten not�fication of the disallowance
(A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement wdl
be sub�ect to cancellation by the City
(B) The Agency agrees that upon expiration of this Agreement, the Agency shaii transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds
(C) The C�ty shall be relieved of any obligation for payments if funds allocated to the City cease to be avadable
for any cause other than misfeasance of the City itself
(D) The City reserves the right to withhold payments pending timely delivery of program reports or documents
as may be required under this Agreement
SECTION 4 PROGRAM INCOME
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 mcome
If authorized 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 mcome shall be substantially disbursed for eligible activities before additional
requests for reimbursement are made to the City Program income not used in this manner shall be returned to the
City Complete records shall be maintained on the receipt and use of all program income Any program income on
hand when this Agreement is termmated, or received after such termination, shall be reimbursed to the City
ARTICLE IIi. FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
All Agencies providing direct benefit services shall provide such services to benefit very low and low
income persons to the maximum extent feasible (but not less than 51 %) Individual persons or famdies provided a
specific direct benefit or service must qualify under Federal Section 8 income limits as established by HUD Any
deviation can be made only if it is clear that the service or benefit, to a person who income exceeds very low and
low income persons, is otherwise necessary as an mtegral 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
shail maintain records documentmg if the person bemg served is a female head of household, is handicapped,
and/or is an ethrnGracial minority
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SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) Agencies which are govemmental entities (mcluding public agencies), shall comply with the requirements
and standards of OMB Circular No A-87, "Principles for Determirnng Costs applicable to Grants and
Contracts with State, Local and Federally recogrnzed Indian Tribal Governments" OMB C�rcular A-133,
"Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with the following sections
of 24 CFR Part 85 "Urnform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments"
(1) Section 85 3, "Defirntions",
(2) Section 85 6, "Exceptions",
(3) Section 85 12, Special grant or subgrant conditions for "high-nsks' 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, "EquipmenY', except in all cases in which the equipment is sold, the proceeds shall
be program income,
(9) Section 85 33, "Supplies",
(10) Section 85 34, "Copyrights°,
(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, "Morntonng and reporting 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 penod shall be
four (4) years,
(17) Section 85 43, "EnforcemenY',
(18) Section 85 44, "Termination for convenience",
(19) Section 85 51, "Later disallowances and ad�ustmenY', and
(20) Section 85 52, "Coliection of amounts due"
(B) Agencies, except Agencies which are governmentai entities, shall compiy with the requirements and
standards of OMB Circular No A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular No
A-21, "Cost Pnnciples for Educational Inst�tutions, as appiicable, 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, "Urnform
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Admirnstrative 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 Applying for Federal
Assistance°,
(3) Subpart C"Post-Award Reqwrements," except for
(i) Section 84 22, "Payment Requirements," Grantees shali follow the standards of
§§85 20(b)(7) and 85 21 in making payments to subrecipients,
(u) Section 84 23, "cost sharing and Matching"
(ui) Section 84 24, "Program Income ° In lieu of §84 24, CDBG subrecipients shall follow
§570 504,
(iv) Section 84 25, "Revision of Budget and Program Plans"
(v) Section 84 32, "Real Property " In lieu of §84 32, CDBG subrecipients shalt follow
§570 505,
(vi) Section 84 34(g), "Equipment " In lieu of the disposition provisions of §84 34(g), the
following applies
(A) In all cases in which equipment is sold, the proceeds shall be program income
(prorated to reflect the extent to which CDBG funds were used to acquire the equipment), and
(B) Equipment not needed by the subrecipient for CDBG activities shall be transferred to
the recipient for the CDBG program or shall be retamed after compensatmg the recipient,
(vu) Section 84 51 (b), (c), (d), (e), (fl, (g), and (h), "Monitonng and reporting Program
Performance°,
(vui) 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 §84 53(b) pertaining to individual CDBG activities
shall be four years, and
(B) The retention penod starts from the date of subm�ssion of the annual pertormance and
evaluation report, as prescribed in 24 CFR 91 520, in which the specific activity is reported on for
the final time rather than from the date of submission of the final expenditure report for the award,
(x) Section 84 61, "Termination " in lieu of the provisions of §84 61, CDBG subrecipients
shall comply with §570 503(b)(7), and
(xi) Subpart D-"After-the Award Requirements," except for §84 71, "Close-out
Procedures "
SECTION 3. SEPARATION OF CHURCH AND STATE
In addition to, and not in substitution for, other provisions of this Agreement regardmg the provision of
services utdizing CDBG funds the Agency agrees that, m connection with such senrices
(A) It wdl 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 rel�gion,
(B) It wdl not discriminate against any person applying for such pubiic services on the basis of religion and will
not lim�t such services or give preference to persons on the basis of religion,
(C) It wili provide no religious mstruction or counselmg, conduct no relig�ous 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 facdity used to provide services assisted in whole or m part under this Agreement shall
contain no sectanan or religious symbols or decorations whde it is being used to provide CDBG funded
services
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SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING
The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the
regulat�ons �ssued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discnminated
against on the basis of race, color, religion, sex, or national origin m all phases of employment durmg the
performance of Federal or federally assisted construction contracts The Agency shaii 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 trairnng and apprenticeship
Specifically, the Agency shall ensure that provisions as follows are included in ail construction contracts
awarded in excess of $10,000 and momtor 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 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 contractmg
officer, advising the labor urnon 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 avatlable to employees and appiicants for employment
(C) The Contractor wdl furnish 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 wdl permit
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for
purposes of mvestigation to ascertain compliance w�th 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 Government contracts in
accordance with procedures authorized m Executive Order 11246 of September 24, 1965, and such other
sanctions in Execut�ve Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law
(E) The Contractor wdl 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 executwe Order 11246 of September 24, 1965, so that such provisions wdl be binding upon each
subcontractor or vendor The Contractor wdl 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 prowsions including
sanctions for noncompliance, provided, however, that in the event the Contractor becomes invoived m, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may
request the Urnted States to enter into such litigation to protect the mterests of the United States
SECTION 5 LOCAL EMPLOYMENT AND PURCHASING
Funding under this agreement is sub�ect to the requirements of Section 3 of the Housmg 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 res�dents of the pro�ect area and agreements for work �n connection with the pro�ect be awarded to
business concerns which are located in or owned m substantial part by persons residing m, the area of the pro�ect
Section 3 applies to traming, employment, contracting and other economic opportunities ansing in connection with
the expenditure of housing assistance and commurnty development assistance that is used for the following
pro�ects 1 Housing rehabditation (includmg reduction and abatement of lead based paint hazards, but excludmg
routine maintenance repair and replacement), 2 Housing construction, and 3 other public construction
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SECTION 6. CONFLICT OF INTEREST
No member, officer, or employee of the Agency, or its designees or agents, no member of the goverrnng
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 responsibdities with respect to the program dunng his tenure or for one year thereafter,
shall have any interest, direct or mdirect, in this Agreement or any Subagreement, hereto or the proceeds thereof
The Agency shall take appropriate steps to assure compliance inciuding incorporation of the followmg
provision in every Subcontract
The Contractor covenants that no person who presently exerases any functions or responsibdities in
connection with the City of Bremerton CDBG Program wdl obtam 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 �nterest, direct or mdirect, either for themselves or those with whom they have
business, or famdy, which wouid conflict in any manner or degree with the performance of his/her services
hereunder The contractor further covenants that m the pertormance of this Agreement any potential
conflict, on the part of the Contractor or his/her employees, wdl be disciosed to the Agency and the City
SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT
OF HOUSING
The Agency shall comply with the reqwrements relating to displacement, relocation, acquisition and
replacement of housing (24 CFR Part 570 606) Displacement of persons (families, individuals, busmesses, non-
profit orgarnzations and farms) as a result of activities ass�sted with CDBG funds is generally discouraged and m all
instances must receive pnor written approval from the Ciry
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 m the Federal
Reg�ster, September 15, 1999 which require elimmation, as far as practical, of immediate hazards, due to the
presence of pamt in residential structures which may contain lead to which children under seven years of age may
be exposed
SECTION 10. DISCRIMINATION PROHIBITED
(A) The Agency shall not, on the grounds of race, color, sex, religion, national ongm, creed, mantal 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) Sub�ect an individual to segregated or separate treatment in any facdity in, or m any matter if
process related to receipt of any service or benefit under this Agreement,
(4) Restrict an individual m any way in access to, or m the enJoyment of any advantage or privdege
en�oyed by others m connection with any sennce or benefit under this agreement,
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(5) Treat anyone differently from others in determirnng if they satisfy any admiss�on, enrollment,
eligibdity, membership or other requirement or condition which the ind�vidual 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 �s
different from that afforded others under this Agreement
(B) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabditation Act of 1973
as amended (implemented in 24 CFR part 8) prohibiting discnmmation against handicapped individuals,
and the Age Discnmination Act of 1975 (implemented in 24 CFR part 146) prohibitmg discnmmation 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
mciude appropriate safeguards agamst discnmination in client services binding up on each contractor or
subcontractor The Agency shaii take such action as may be required to ensure full compliance with the
provisions of this section, includmg 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 m 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 definition of
"residential structure" as defined in 24 CFR part 40 2 or the defirntion of "building" as defined in 41 CFR part 101-
19 602(a) is sub�ect to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall
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 facdit�es for first occupancy after January 26, 1993 must mclude measures to make them readdy accessible and
usable by individuals with disabdities The ADA further requires the removal of architectural barriers and
commurncation barriers that are structural m nature m existing facdities, where such removal is readdy achievable —
that is, easdy accomplishable and abie 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 descnbed m
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 responsibdities described in Section 570 604, and
(B) The Agency does not assume the City's responsibdity for mitiating the review process under Executive
Order 12372
ARTICLE IV: GENERAL CONDITIONS
SECTION 1. COMPLIANCE WITH LAWS
The Agency, m pertormance 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, including but not limited to Federal Community Development Biock Grant Regulations,
Washmgton Law Agamst Discrimmation, and other policies and guidelmes established for the City of Bremerton
CDBG Program by the Bremerton City Councd Agency agrees to comply with ail provisions of the Amencans With
Disabdities Act and all regulations interpreting or enforcing such act Agency agrees to comply with the National
Environmental Policy Act (NEPA) through the entire course of the pro�ect
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SECTION 2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply w�th and to obtain at its own expense, if necessary, all applicable Federal, State, City
or Municipal standards for licensing, certification and operation of facdities and programs, and accreditation and
licensing, certification and operation of facdities and programs, and accreditation and licensing of individuals, and
any other standards or cnteria as described in the Agreement to assure quality of services
SECTION 3. INSURANCE
Prior to commencing work, Agency shall procure and maintain at Agency's own cost and expense
for the durat�on of the Agreement the following insurance placed with insurers with a minimum Best's rating of A-,
VI against claims for in�uries to persons or damages to property which may arise from or in connection with the
performance of the work or services hereunder by the Agency, his agents, representatives, employees or
subcontractors
M�nimum Limits of Insurance. Agency shall maintain limits no less than
• Commercial General L►abd�ty One mdlion dollars ($1,000,000) combined s�ngle limit per occurrence for
boddy in�ury and property damage, and two mdlion dollars ($2,000,000) aggregate Coverage shall be on
an "occurrence° basis City of Bremerton shall be named, by endorsement, as an additional insured on the
Agency's insurance policy as respects this contract Such insurance as carried by the Agency is primary
over insurance carned by the City
• Comprehensive Automobde L�abd�ty /nsurance One mdlion dollars ($1,000,000) combmed single limit per
accident for boddy in�ury/property damage
• Workers' Compensat�on and Employer's L�abdity Workers' Compensation coverage as required by the
State of Washmgton
Ev�dence of Agency's Insurance shall be presented to City of Bremerton Risk Management prior to the execution
of the agreement In the event of non-renewal, cancellation, or material change �n coverage, thirty (30) days written
notice wdl be furnished to the City prior to the date of cancellation, non-renewal or change
SECTION 4. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the City, its appointed and elected officers and
employees from and against any and all liability, loss, costs, damage and expense, includmg costs and attorney
fees m defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily in�ury,
mcluding 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, ansmg or alleged to have ansen directly or mdirectly out of or in
consequence of or the performance of this Agreement, whether such m�unes to persons or damage to property is
due to the negligence of Agency, its subcontractors, agents, successor, assigns This provision shall be
mapplicable to the extent the City is �udicially found solely negligent for such damage or in�ury
SECTION 5. NOTICES
Any notices required to be given by the City to the Agency or by the Agency to the City shall be in wnting
and delivered to the following parties at the following addresses
C�ty:
CDBG Office
City of Bremerton Community Development
345 6`" Street, Suite 600
Bremerton, WA 98337-1869
Agency:
Bremerton Foodline
Patti Peterson, Executive Director
1600 12`" Street
Bremerton, WA 98337
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SECTION 6. CITIZEN PARTICIPATION
The Agency wdi implement the provisions of this Agreement m such a manner as not impede the
attamment of widespread citizen participation in planning and carrying out the pro�ect
SECTION 7. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided withm the terms of this
Agreement without obtainmg pnor wntten approvai from the City All terms and conditions of this Agreement shall
apply to any approved subcontract or assignment related to the Agreement
SECTION 8. RESERVATION OF RIGHTS
Fadure to insist upon stnct compliance with any terms, covenants or conditions of this Agreement shall not
be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to
be a waiver of any other breach
SECTION 9 AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or modified without the written
concurrence of both parties
SECTION 10. FAILURE TO PERFORM
In the event of a fadure by the Agency to comply, with any terms or conditions of th�s Agreement or to
provide in any manner the activities or other performance as agreed to herein, the City reserves the nght to
temporardy w�thhold all or any part of payment pending correction of the deficiency, suspend all or part of the
Agreement, prohibit the Agency from incurnng add�tional obl�gations of funds until the City �s satisfied that
corrective action has been taken or completed, or recapture funds already disbursed to Agency The option to
withhold or recapture funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV
Section 11 of the General Conditions of this Agreement The City may consider performance under this Agreement
when considering future awards
SECTION 11. TERMINATION
If the Agency fads to comply with the terms and conditions of this Agreement, the City may pursue such
remedies as are avadable m accordance with 24 CFR 85 43 including but not limited to, the termmation of this
Agreement in the manner specified herein
(A) Termmation for Cause — If the Agency fails to comply with the terms and condit�ons of this Agreement and
any of the following conditions ex�st
(1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the
City deems continuat�on of this Agreement to be substantially non-beneficial to the public interest,
(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 faded within the t�me specified by the City or its authorized representative to
sat�sfactonly substant�ate its compiiance with the terms and conditions of this Agreement
The City may terminate this Agreement in whole or m part, and there upon shail notify m wnting the Agency
of the termmation, the reasons therefore, and the effective date The effective date shall not be prior to notification
of the termination by the City to the Agency Costs resulting from obligations mcurred by the Agency after
termination of the Agreement are not aliowable unless specificaliy authonzed m writmg by the City
(B) Termination for Convernence
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The award may be termmated for convenience, m whole or in part, as follows
(1) By the City with the consent of the Agency The finro parties shall agree upon the termination
conditions, mcluding the effective date and m the case of partial term�nation, the portion to be
terminated, or
(2) By the Agency upon submitting written notification to the City The written notification must set
forth the reasons for the termination, the effective date, and in the case of partial termination, the
portion to be termmated However, in the case of a proposed partial termination, the City may
terminate the award m its entirety if the City determines that the remaining portion will not
accomplish the purpose for which the award was made
(C) Termination for Withdrawal. Reduction or Limitation of Fundina
In the event that fundmg from the Federal government is withdrawn, reduced or limited in any way after the
effective date of this Agreement, and prior to its normal completion, the City may summanly termmate this
Agreement as to the funds reduced or limited, nofinnthstandmg any other termination provision of this
Agreement If the level of funding so reduced or limited is so great that the Department of Community
Development deems that the continuation of the program covered by the Agreement is no longer in the
best interest of the public, the City may summardy termmate this Agreement in whole notwithstanding any
other termmation provisions of this Agreement Termmation under this Section shall be effectwe upon
receipt of written notice by the Agency or its representative
SECTION 12. CLOSE-OUT
Upon termination of this Agreement, m whole or in part for any reason includmg completion of the pro�ect,
the followmg provisions shall apply
(A) Upon wntten request by the Agency, the City shall make or arrange for payment to the Agency of allowable
reimbursable costs not covered by prev�ous payments,
(B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial,
performance and other reports required by this Agreement, and in addition, will cooperate in a program
audit by City of Bremerton or its designee,
(C) Closeout of funds will not occur unless all requirements of 24 CFR 92 507 and all outstanding issues with
the general contractor and or subcontractor have been resolved to the satisfaction of the City
SECTION 13. VENUE AND CHOICE OF LAW
Any action at law, suit m equity, or other �udicial proceeding for the enforcement of this Agreement
or any prowsions thereof shall be instituted only in the Supenor Court of the State of Washmgton, 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 14. 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 dlegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions
shall not be affected, and the nghts and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be mvalid
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SECTION 15. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between the parties and both
parties acknowledge that there are no other agreements, wntten or oral, that have not been fuliy set forth in the text
of this Agreement
AGENCY
Bremerton Foodline
/i % �j i
.�_ . !U
CITY OF BREMERTON, WASHINGTON
�� .�
Marie Vda, CDBG/HOME Admirnstrator
Patti Peterson, Executive Director
Date � ��f � / 2�
APPROVED AS TO FORM
BREMERT ORNEY
BY
Patty Lent, Mayor
Date �''�� ��i
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INDEX TO CDBG AGREEMENT
Article I. Project
1 Scope of Services
2 Pro�ect Description
3 Schedule of Completion
4 Term of Agreement
5 Program Reporting
Article II. Financial Conditions
1 Budget and Compensation
2 Documentation of Costs and Other Financial Reporting
3 Reimbursement
4 Program Income
Article III. Federal Conditions
1
2
3
4
5
6
7
8
9
10
11
12
Benefit to Low Income People
Uniform Administrative Requirements
Separation of Church and State
Non-Discnmmation 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
Discrim�nation Prohibited
Architectural Barners Act/Americans with Disabilities Act
Other Program Requirements
Article IV. General Conditions
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Compliance with Laws
Licensing and Program Standards
Insurance
Indemrnty
Notices
Cifizen Participation
Assignment and Subcontracting
Reservation of Rights
Amendments to Agreement
Failure to Perform
Termination
Close-Out
Venue and Choice of Law
Severabdity Clause
Integrated Document
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AGENCY: Bremerton Foodline
PROJECT: Agency Salaries 2012 - #631204
CITY COUNTY
CDBG/HOME CDBG/HOME Other Source of
PROJECT COSTS Total All Funds Funds Funds Funds
PERSONNEL mcludes
Managers 30,000 $30,000
Staff 51,630 $11,311 $40,319
Taxes and Benefits 15,807 $15,807
MOUNT $97,437 $11,311 $0 $86,126
SUPPLIES/EQUIPMENT includes
O�ce Supplies
Eqwpment
MOUNT $ $ g $
DMINISTRATION inciudes
Advertising
ProfessionaUContractor Fees (Audit, Dietitian)
Insurance/Bonds
Postage/Prmtmg
Rent/Utdities
Communicat�on
Training/Travel
Transportation
MOUNT $ $ $ �
CQUISITION COSTS mcludes
Acquisition
AMOUNT � $ � $
DEVELOPMENT SOFT COSTS
inciudes
Appraisal
Design and A & E
Processing/Settlementifinanang
Marketmg
Operatmg Reserve
MOUNT $ $ $ $
DEVELOPMENT HARD COSTS
inciudes
Ciearance/Demolition
Construction
Rehabditation
Improvements
MOUNT $ $ $ $
OTHER COSTS includes
Chuckwagon Meals on Wheeis
MOUNT $ $ $ $
OTAL PROJECT COSTS $97 437 $11 ,311 $0 $86 ,126
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