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5300
CITY OF BREMERTON PARKS AND REC
ASA - Walker Park Improvements
CDBG
LEG 12-1
1/1/2013
12/31/2013
1/1/2014
2015
�
Contract No. 631308
A enc • Ci of Bremerton Parks and Rec
Pro"ect: Walker Park Im rovements
Grant Amount: $170,850
CFDA #• 14.254
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
AN AGREEMENT, by and between City of Bremerton hereinafter referred to as "C�ty" and, City of
Bremerton Department of Parks and Recreation, hereinafter referred to as "Agency" by which the Agency
agrees to carry out specific activities under City of Bremerton's Community Development Block Grant Program and
establishing certain other terms and conditions of operation
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
SECTION 1 SCOPE OF SERVICES
The City, as recipient of a Community Development Block Grant (CDBG) from the Urnted States Department of
Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby
agrees to undertake the activities specifically descnbed in the application and summarized below
A. General Statement
The pro�ect will develop waterfront access and shorel�ne based recreation opportuntttes for the restdents of the Anderson Cove
netghborhood Funds wal! be used to create wallnng paths, lawn, picnic and seating areas hav�ng outstandtng views of the
Olymptc Mountacns and Port Washington Narrows, develop educat�onal/�nterpretrve signage about the ecology and hastory of
Anderson Cove, remove blackberry bushes and other non-nattve spectes and replant the scte with nat�ve plant specces The
pro�ect will develop safe walking access to the shorekne and ttdelands and use an existcng natural bowl on the property to
create an amphttheater with an anteresting labyrtnth feature at cts base The site w�ll be developed tn a rust�c manner us�ng
logs and boulders as sate features that double as seating and rnformal play opportuntttes for children Addattonal trees will be
planted an the park to add shade and enhance appearance Once completed th�s pro�ect will serve as the first publcc waterfront
access jor the Anderson Cove res�dents as the remacnang waterfront as privately owned wzth both restricted access and vtews
limited by homes, fences and other tmprovements
B. Aqencv Shall•
SECTION 2. PROJECT DESCRIPTION
Tvpe of Proiect Funded Amount
Public Facility — Parks $170,850
Action Plan Year. 2013
Proiect Location Service Area
Bremerton, WA Bremerton
Object of Actrvity: Suitable Environment Action Description Code: 03
Outcome: Availability/Accessibility National Ob�ective: LMA
Basic Eligible Activity 24 CFR 570 201(c) Public Facilities and Improvements
SECTION 3. AGENCY SCHEDULE FOR COMPLETION (specific milestones)
Specific Tasks Start Date End Date
Complete Environmental Review 9/1/2013 11/1/2103
First CDBG grant draw request 3/1/2014 6/1/2014
Pro�ect plans and specs finalized, source materials 11/1/2013 7/1/2014
Identify any non-Cit contractors sub�ect to DBRA 5/1/2014 7/1/2014
Permitting 3/1/2014 6/1/2014
Groundbreaking 9/1/2014 9/30/2014
Park development/construction — Hardscape elements steps, 10/1/2014 12/31/2014
pathways, boulders
Park development/construction — Fencing, signage, site 1/1/2015 3/31/2015
furniture
Park developmenUconstruction — Landscaping 4/1/2015 5/31/2015
Pro�ect completion (all environmental, DBRA, and other 6/1/2015 7/31/2015
requirements met)
SECTION 4. TERM OF AGREEMENT
The term of this Agreement is January 1, 2013 through December 31, 2015, but may be extended
pursuant to an amendment to this Agreement as authorized in Article IV, Section 9(Amendments to Agreement)
Should additional time for auditing this 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 th�s
Agreement shall cover the period that the Agency has control over Community Development Block Grant funds,
including program income
SECTION 5. 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 prescnbe the report format, as well as the
time and location for submission of such reports Required reports included but are not limited to the following
(A) Quarterly reports which shall include the progress made to date, or�ustification for lack of progress, in
providing the services specified in Article I, Section 1 Scope of Services, of this Agreement according to the
schedule for completion in Article 1 Section 3 Schedule for Completion of this Agreement
(B) Qua�terly reports on demographic, neighborhood residence, and income 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 including a final pertormance report, inventory of all property acquired or improved with
CDBG funds, and final financial report, upon termination or completion of the award
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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 One Hundred Seventy Thousand Eight Hundred Fifty Doliars ($170,850.00) 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 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 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
Budaet Summarv
See Attachment `A' for Budget Summary
Time of Pavment Payment shall 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 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 outlined 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 shal� require a
formal amendment to the Agreement Any request for a line-item expense, by itself or m combination 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 increase 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 accountmg documents pertaining in
whole or m part to this Agreement shall be clearly identified 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 authonzed purposes
(B) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items
purchased and line item from which money was expended, as reflected in the Agency's accounting
records The line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll
record
(C) Maintain payroll and financial records for a period of six (6) years after receipt of final payment under this
Agreement provided that this program has been 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 during normal business hours
and as often as necessary
(E) Inform the City concerrnng any funds allocated to the Agency, that the Agency anticipates wdl not be
expended dunng 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) Maintain complete records concernmg 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 mcurred costs upon presentation of a properly
executed invoice in a form approved by the Ciry Only those allowable costs directly related to the Agency's
application, approved by the City shall be paid consistent with Article il Section 2 Documentation of Costs and
Other Financial Reportmg The Amount of each request must be limited to the amount needed for payment of
eligible costs
Notwithstanding any other provisions in this section, reimbursement for construction contracts shall have
ten percent (10%) of the payment retained until close out of funds pursuant to Article IV, Section 12 of this
Agreement
In the event the City or United States determines any funds were expended by the Agency for unauthorized
or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States
may order repayment of the same The Agency shall remit the disallowed amount to the City within thirty (30) days
of written notification of the disallowance
(A) The Agency agrees that funds determined 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 attributable to the use of CDBG funds
(C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available
for any cause other than misfeasance of the City itself
(D) The City reserves the nght 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 described 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 will 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 this manner shall be returned to the
City Complete records shall be maintamed 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
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ARTICLE III FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
All Agencies providing direct benefit services shall provide such services to benefit very low and low
income persons to the maximum extent feasible (but not less than 51%) Individual persons or families provided a
specific direct benefit or service must qualify under Federal Section 8 income limits as established by HUD Any
deviation can be made only if it is clear that the service or benefit, to a person who income exceeds very low and
low mcome 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
shall maintain records documenting if the person being served is a female head of household, is handicapped,
and/or is an ethnic/racial minority
SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) Agencies which are governmental entities (mcluding public agencies), shall comply with the requirements
and standards of OMB Circular No A-87, "Principles for Determining Costs applicable to Grants and
Contracts with State, Local and Federally recognized Indian Tribal Governments" OMB Circular A-133,
"Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with the following sections
of 24 CFR Part 85 "Uniform Admmistrative Requirements for Grants and Cooperative Agreements to State
and Local Governments"
(1) Section 85 3, "Definitions",
(2) Section 85 6, "Exceptions",
(3) Section 85 12, Special grant or subgrant conditions for "high-risks' grantees",
(4) Section 85 20, "Standards for financial management system," except paragraph (a),
(5) Section 85 21, "Payment", except as modified by part 570 513,
(6) Section 85 22, "Allowable costs",
(7) Section 85 26, "Non-federal audits",
(8) Section 85 32, "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, "Monitoring 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�ustment", and
(20) Section 85 52, "Collection of amounts due"
(B) Agencies, except Agencies which are governmental entities, shall comply with the requirements and
standards of OMB Circular No A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular No
A-21, "Cost Principles for Educational Institutions, as applicable, and OMB Circular A-133 "Audits of
Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45) Audits
shall be conducted annually Such agencies shall also comply with the followmg provisions of the Uniform
Administrative requirements of OMB Circular No A-110 (implemented at 24 CFR part 84, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or
Other Non-Profit 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 Requirements," except for
(i) Section 84 22, "Payment Requirements," Grantees shall follow the standards of
§§85 20(b)(7) and 85 21 in making payments to subrecipients,
(ii) Section 84 23, "cost sharing and Matching"
(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 shall follow
§570 505,
(vi) Section 84 34(g), "Equipment " In lieu of the disposition prowsions of §84 34(g), the
following applies
(A) In all cases in which equipment is sold, the proceeds shall be program income
(prorated to reflect the extent to which CDBG funds were used to acquire the equipment), and
(B) Equipment not needed by the subrecipient for CDBG activities shall be transferred to
the recipient for the CDBG program or shall be retained after compensating the recipient,
(vu) Section 84 51 (b), (c), (d), (e), (fl, (g), and (h), "Monitoring 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 penod referenced in §84 53(b) pertaining to individual CDBG activities
shall be four years, and
(B) The retention period starts from the date of submission of the annual performance and
evaluation report, as prescnbed 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, "Termmation " in lieu of the provisions of §84 61, CDBG subrecipients
shall comply with §570 503(b)(7), and
(xi) Subpart D-"After-the Award Requirements," except for §84 71, "Close-out
Procedures "
SECTION 3. SEPARATION OF CHURCH AND STATE
In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of
services utilizing CDBG funds the Agency agrees that, in connection with such services
C�
(A) It will not discriminate 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 will not discriminate against any person applying for such public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion,
(C) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no
religious proselytizmg, 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 in part under this Agreement shall
contain no sectarian or religious symbols or decorations while it is being used to provide CDBG funded
services
SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING
The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the
regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discrimmated
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 m 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 m excess of $10,000 and monitor compliance:
(A) The Contractor wdl, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin
(B) The Contractor will send to each labor union or representative of workers with which he had a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advismg the labor union of workers' representative of the contractor's commitments under Section
202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment
(C) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and 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 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 Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otheruvise 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 executive 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 provisions including
sanctions for noncompliance, provided, however, that in the event the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may
request the United States to enter into such litigation to protect the interests of the United States
7
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 would prevent
them from complying with these requirements
Section 3 requires that to the greatest extent feasible, opportunities for traming and employment be given
to lower income residents of the pro�ect area and agreements for work in connection with the pro�ect be awarded to
business concerns which are located m or owned in substantial part by persons residing in, the area of the pro�ect
Section 3 applies to training, employment, contracting and other economic opportunities arismg in connection with
the expenditure of housing assistance and community development assistance that is used for the followmg
pro�ects 1 Housing rehabilitation (including reduction and abatement of lead based paint hazards, but excluding
routine maintenance repair and replacement), 2 Housing construction, and 3 other public construction
SECTION 6. CONFLICT OF INTEREST
No member, officer, or employee of the Agency, or its designees or agents, no member of the governing
body of the locality m 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 durmg his tenure or for one year thereafter,
shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof
The Agency shall take appropriate steps to assure compliance mcluding incorporation 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 will obtain a personal or financial interest from the
CDBG assisted activity The Contractor further covenants that he/she presently has no interest in, nor shall
he/she acquire any interest, direct or indirect, either for themselves or those with whom they have
business, or famdy, which would conflict m 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 in all
instances must recewe prior written approval from the City
SECTION 8. DAVIS BACON AND RELATED ACTS
The Agency shall comply with the requirements of the Davis-Bacon and Related Acts (DBRA) as outlined in
29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted,
and involves the employment of laborers and/or mechanics to perform the work
SECTION 9. LEAD BASED PAINT
The Agency shall comply with HUD Lead-Based Regulations (24 CFR Part 35 et al) issued m the Federal
Register, September 15, 1999 which require elimination, 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
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 facdities, 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 facility in, or in any matter if
process related to receipt of any service or benefit under this Agreement,
(4) Restrict an individual in any way in access to, or in the en�oyment of any advantage or privilege
en�oyed by others in connection with any service or benefit under this agreement,
(5) Treat anyone differently from others in determming if they satisfy any admission, enrollment,
eligibility, membership or other requirement or condition which the individual must meet to be
provided a service or benefit under this Agreement,
(6) Deny anyone an opportunity to participate in any program or activity as an employee which is
different from that afforded others under this Agreement
(B) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973
as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals,
and the Age Discrimination Act of 1975 (implemented m 24 CFR part 146) prohibiting discrimination on the
basis of age, either through purpose or mtent
(C) If assignment and/or subcontractmg has been authorized in writing, said assignment or subcontract shall
include appropnate safeguards against discnmination m client services binding up on each contractor or
subcontractor The Agency shall take such action as may be required to ensure full compliance with the
provisions of this section, including sanctions for noncompliance
SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT
The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the
Americans with Disabdities Act, as set forth in 24 CFR 570 614 A budding or facdity designed, constructed, or
altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the
definition of "residential structure" as defined m 24 CFR part 40 2 or the definition of "bwlding" 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 Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for residential
structures, and Appendix A to 41 CFR part 101-19, subpart 101-19 6, for general type buddings) The Amencans
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 include measures to make them readdy
accessible and usable by individuals with disabilities The ADA further requires the removal of architectural barriers
and commurncation barners that are structural in nature in existing facdities, where such removal is readdy
achievable -- that is, easdy accomplishable and able to be carned out without much difficulty or expense
0
SECTION 12 OTHER PROGRAM REQUIREMENTS
The Agency shall carry out each activity in compliance with all Federal laws and regulations described in
Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that
(A)
(B)
The Agency does not assume the City's environmental responsibdities described in Section 570 604, and
The Agency does not assume the City's responsibdity for initiating the review process under Executive
Order 12372
ARTICLE IV. GENERAL CONDITIONS
SECTION 1. COMPLIANCE WITH LAWS
The Agency, m performance of this Agreement, agrees to comply with all applicable Federal, State and
Local Laws and ordinances, and the rules and regulations promulgated by the U S Department of Housmg and
Urban Development, including but not limited to Federal Community Development Block Grant Regulations,
Washington Law Against Discrimination, and other policies and guidelines established for the City of Bremerton
CDBG Program by the Bremerton City Councd Agency agrees to comply with all provisions of the Americans 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
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 licensmg, certification and operation of facilities and programs, and accreditation and
licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and
any other standards or criteria as described in the Agreement to assure quality of services
SECTION 3. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the City, its appomted and elected officers and
employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney
fees in defense thereof because of actions, claims or lawsuits for damages resultmg from personal or bodily in�ury,
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, arising or alleged to have arisen 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
inapplicable to the extent the City is �udicially found solely negligent for such damage or in�ury
SECTION 4 NOTICES
Any notices reqwred 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
City:
CDBG Office
City of Bremerton Commurnty Development
345 6 Street Suite 600
Bremerton, WA 98337-1869
SECTION 5. CITIZEN PARTICIPATION
Agency:
City of Bremerton Dept of Parks and Recreation
Wyn Birkenthal
680 Lebo Blvd
Bremerton, WA 98310
The Agency wdl implement the provisions of this Agreement in such a manner as not impede the
attainment of widespread citizen participation in planrnng and carrying out the pro�ect
10
SECTION 6. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided within the terms of this
Agreement without obtaining pnor written approval from the City All terms and conditions of this Agreement shall
apply to any approved subcontract or assignment related to the Agreement
SECTION 7. 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 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 performance as agreed to herein, the City reserves the right to
temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the
Agreement, prohibit the Agency from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed, or recapture funds already disbursed to Agency The option to
withhold or recapture funds is in addition to, and not in lieu of, the City's 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 including but not limited to, the termination of this
Agreement in the manner specified herein
(A) Termmation 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 failed to take satisfactory corrective action as directed by the City or its authonzed
representative within the time specified by same,
(3) The Agency has faded within the time specified by the City or its authorized representative to
satisfactordy 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 m wnting the Agency
of the termination, the reasons therefore, and the effective date The effective date shall not be prior to notification
of the termination by the City to the Agency Costs resulting from obligations mcurred by the Agency after
termination of the Agreement are not allowable unless specifically authorized in writmg by the City
(B) Termination for Convenience
The award may be terminated for convenience, in whole or m part, as follows
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(1) By the City with the consent of the Agency The two parties shall agree upon the termination
conditions, mcluding the effective date and in the case of partial termination, the portion to be
terminated, or
(2) By the Agency upon submitting written notification to the City The written notification must set
forth the reasons for the termination, the effective date, and in the case of partial termination, the
portion to be terminated However, in the case of a proposed partial termination, the City may
terminate the award in its entirety if the City determines that the remaining portion wdl not
accomplish the purpose for which the award was made
(C) Term�nation for Withdrawal. Reduction or Limitation of Fundmq
In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the
effective date of this Agreement, and prior to its normal completion, the City may summardy termmate this
Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this
Agreement If the level of funding so reduced or limited is so great that the Department of Community
Development deems that the continuation of the program covered by the Agreement is no longer in the
best interest of the public, the City may summanly terminate this Agreement in whole notwithstand�ng any
other termination provisions of this Agreement Termination under this Section shall be effective upon
receipt of written notice by the Agency or its representative
SECTION 11 CLOSE-OUT
Upon termination of this Agreement, in whole or in part for any reason including completion of the proJect,
the following provisions shall apply
(A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable
reimbursable costs not covered by previous payments,
(B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial,
performance and other reports required by this Agreement, and in addition, wdl 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 12. VENUE AND CHOICE OF LAW
Any action at law, suit m equity, or other�udiaal proceedmg for the enforcement of this Agreement
or any provisions 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 Washmgton,
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 illegal or in conflict with any law of the state where made, the validity of the remairnng portions or provisions
shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contam the particular part, term, or provision held to be invalid
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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
�.� ,_ , � �.�
Marie Vd�, CDBG/HOME Admirnstrator
By
Wyn Birkenthal, irector Patty Lent, or
Date v 'S� 1 f � c��(6� Date �' �� ���
APPROVED AS TO FORM
BREMERTON CITY ATTORNEY
BY �
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INDEX TO CDBG AGREEMENT
Article I Pro�ect
1 Scope of Sennces
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
Benefit to Low Income People
Uniform Administrative Requirements
Separation of Church and State
Non-Discrimination in Employment and Purchasing
Local Employment and Purchasing
Conftict of Interest
Displacement, Relocation, Acquisition and Replacement of Housmg
Davis Bacon and Related Act
Lead Based Pamt
Discrimination Prohibited
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
Indemnity
Notices
Citizen Participation
Assignment and Subcontracting
Reservation of Rights
Amendments to Agreement
Fadure to Perform
Termination
Close-Out
Venue and Choice of Law
Severabdity Clause
Integrated Document
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AGENCY City of Bremerton Dept of Parks and Recreation
PROJECT Evergreen Accessible Playground 2012 -�31208
PROJECT COSTS Total CDBG Other
All Funds Cit Funds
PERSONNEL includes
Managers
Staff
Taxes and Benefits _
AMOUNT $0 00 $0 00 $0 00
SUPPLIES/EQUIPMENT includes
Office Supplies
lEquipment - ---- ----- — --___— _ --- - - - -- ----- ---- ----------
AMOUNT $0 00 $0 00 $0 00
ADMINISTRATION includes
Advertising
Audit
Insurance/Bonds
Postage/Pnnting
RenUUtdities
Commurncation
Training/Travel
_Transportation -- -- --- - --- --- ---- --� ___ ___ �_ _ _ -- ------
AMOUNT $0 00 $0 00 $0 00
ACQUISITION COSTS includes
Acqwsition
AMOUNT $0 00 $0 00 $0 00
DEVELOPMENT SOFT COSTS
includes
Appraisal
Design and A & E
Permits/Fees $2,000 $2,000
Engineenng/StakinglTestmg $8,000 $8,000
Operatmg Reserv_e _ ____
AMOUNT $10,000 00 $10,000 00 $0 00
DEVELOPMENT HARD COSTS
includes
Clearance/Demolition
Construction $130,850 $130,850
Landscaping $30,000 $30,000
_ Improvements
AMOUNT $160,850 $160,850 $0 00
OTHER COSTS includes
Relocation
_ _ Operating/Maintenance Expenses _
AMOUNT $0 00 $0 00 $0 00
TOTAL PROJECT COSTS $170,850 $170,850 $0 00
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