HomeMy WebLinkAboutPasco Specialty Kitchen - Subrecipient Agreement CITY OF PASCO
2011 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
C =2011maX6
Table of Contents
10 SCOPE OF WORK. . . . . . . 0 * 96 * * Meese a a a
A . Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
B. National Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
. . . . .
C. Levels of Accomplishment — Goals and Performance Measures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . . 0 . 0 . . . . . . . . . . 4
D. Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
E. Performance Monitoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
29 BUDGET . . . . . . . . go as a * * * some 0 * 0 * 8 meassooesse 00090000 6
A . Drawdowns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 . COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A . Date to Incur Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Requests for Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . 7
. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .
40 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 . SPECIAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
79 GENERAL TERMS AND CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
A . General Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B. Relationship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
C. Hold Harmless. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
D. Workers ' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
E. Insurance and Bonding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 9
F. City Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
G. Modifications and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
H. Suspension or Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 . ADMINISTRATIVE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
A . Financial Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
B. Documentation and Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I
C. Reporting and Payment Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
D. Procurement , . . . . . . . . I . d . I . . . . d . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l
90 RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
100 PERSONNEL AND PARTICIPANT CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
A . Civil Rights , , " " . , . , , , , , , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
B. Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
C. Employment Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
D. Section 3 Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
E. Assignability , . , . . . I . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F. Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
G. Debarred or Ineligible Contractors. , I I I I I d . . . . . . . . . . . . . . . . . . . . . . . . . .9 1 . . . . . . . . . . so . . . . so P . . . # . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . 24
H. Hatch Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Pasco Downtown Development Commercial Kitchen
IConflict of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
iLobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . a . . . . . . 26
K Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 99 . . . . 0 . . . . . . . . . . . . . 27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
L. Religious Activities, a I I I I I I 1 1 . 1 . 1 . 1 1 1 1 . 9 ago I . . . . . . . . 9 . 9 * . . . 9 , 111 , 111 , 111 . 1 . . . a 0 . . . . . . 27
M. Drug-Free Workplace Act of 1988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
119 ENVIRONMENTAL CONDITIONS . . . . . . . . .. . . . . ... . . . . . . . . . . . .. . .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . . . .. . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
A . Air and Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
B. Flood Disaster Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . 29
C. Lead Based Paint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . 29
D. Historic Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
12 . WAIVER . . . .. . . . . . . . .. .. . . ... . . . . . . ... . ... . . . . . . . . . . . . . . .. . . ... . . . ... . . . . . . . . . . . . . . . . . . .. . ....... . .. . . . . . .... . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .... . . . ... . 30
13 . SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . .... .. . . . . . . . . . . . . 30
14. SECTION HEADINGS AND SUBHEADINGS . . . . . . . . . . . . . . . . . . ... . ... . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 30
15 . ENTIRE AGREEMENT . . . . . . . . . . . . . . ... ... . . . . . . . . ... . . . . ... . . . . . . . . . . ... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
EXHIBITA GRANT APPLICATION . . . . . . . . . . . . . . . . 0 0 0 . 0 . . 0 . . . . . . . 0 0 4 . . . . 0 0 0 4 0 0 0 0 . . . 0 0 . 8 . 0 0 9 . 0 . . . . . . 9 9 0 0 9 0 0 . . 0 . 1 4 0 4 4 0 0 0 . 0 0 0 0 0 1 0 0 1 1 1 1 0 1 1 1 . 0 1 0 . . . . . . . . . . . A- 1
EXHIBIT B FINAL PROJECT SUMMARY , a 0 0 0 0 9 0 0 0 6 9 0 0 0 .logo . . . . B - 1
EXHIBITC REPORT FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C - 1
EXHIBITD SPECIAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D- 1
A . PROGRAMINCOME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ago ago . D- 1
B. DA VIS—BACON WAGE RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D- 1
C. FINAL COMPLETION REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boat . . . . . . . . . . . . . . . . : . . . 1 . 0099999 . 90 . . . . . . . . . . 6 . 6 . . . . . . 0 . . . a . . . . . D-2
Pasco Downtown Development Commercial Kitchen Z
CITY OF PASCO
2011 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
C -2011 -3-6
This agreement entered into this 11 day of , �r , � s , 2011 between .
the City : City of Pasco
Community and Economic Development Department
525 North Third Avenue
PO Box 293
Pasco, WA 99301
(509) 545-3441
and the Subrecipient : Pasco Downtown Development Association- SK
Pasco Specialty Kitchen
720 Lewis St
PO Box 842
Pasco, WA 99301
(509) 545-0738
WHEREAS , the City of Pasco, hereinafter referred to as City has received funds from
the United States Government under Title I of the Housing and Community Development Act of
1974 (Public Law 93 -383 ) through the Community Development Block Grant (CDBG) program
of the U . S . Department of Housing and Urban Development (HUD) for Fiscal Year 2011 , CFDA
14 . 218 ; and
WHEREAS , the City wishes to engage Pasco Downtown Development Association-
SK, hereinafter referred to as Subrecipient, to assist the City in using such funds in the amount
of 50000 from the City of Pasco 2011 CDBG Allocation (B -2011 -MC - 53 - 0009) for Pasco
Downtown Development Commercial Kitchen .
NOW, THEREFORE , the purpose of this Agreement is to provide for - cooperation
between the City and the Subrecipient in implementing CDBG funded activities . The parties
thus agree to
1 . Comply with the requirements of Title 24 of the Code of Federal Regulations , Part 570 ,
the Housing and Urban Development regulations concerning Community Development Block
Grants (CDBG) .
20 Comply with all other applicable federal, state and local laws , regulations and policies
governing the funds provided under this Agreement.
30 This Agreement consists of the subrecipient agreement and includes the following
exhibits :
Pasco Downtown Development Commercial Kitchen 3
EXHIBIT A : Grant Application
EXHIBIT B : Final Project Summary
EXHIBIT C . Reporting Forms
EXHIBIT D : Special Conditions ,
1 . SCOPE OF WORK
A. Activities
The intent of this Agreement is as follows : CDBG funds are requested to continue
operations of the Pasco Specialty Kitchen, a certified commercial incubator kitchen By
providing technical support to small food-related businesses the Pasco Specialty Kitchen
improves their success rate by helping them to establish and achieve their goals In
consideration for technical assistance, the startup businesses agree to make jobs created
available to low-to-moderate income persons in Pasco (Census Tract 202 ) .
Pro dram Delivery
[ Complete description of activity to be undertaken including products or services to be
performed, where they are provided, to whom they are provided, and how they are provided. ]
General Administration
[Description of general administrative services to be performed in support of activities
above. ]
Be National Objectives
This is an eligible CDBG activity based upon HUD Matrix Code 18B , ED Technical
Assistance, 24 CFR 570 . 201 (0 ) (ii) and fulfills the National Objective of 24 CFR
570 . 208 (a)(4) -- LOW-MODERATE INCOME JOB CREATION OR RETENTION .
C . Levels of Accomplishment — Goals and Performance Measures
Annual Performance
Activity Units Indicator
Pasco Downtown Development Commercial
Kitchen 0 Jobs
[Levels of accomplishment may include such measures as persons or households assisted,
jobs created or retained, facilities , etc. and also should include time frames for performance .
To complete this proposal , the Subrecipient will :
Pasco Downtown Development Commercial Kitchen 4
L Plan, administer and implement the project as described in the
Subrecipient' s original grant application included in this Agreement as EXHIBIT A,
which includes a description of the work to be performed, a schedule with
benchmarks for achievement, and detailed budget. Any change(s) in the project scope,
budget, location, or in the number of beneficiaries served must be proposed and
submitted in writing to the City prior to incurring any costs . Such changes will be
considered a request to modify or amend this Agreement and are subject to Section 7 . G .
24 Prepare, complete and submit reports and other information as required by
the City to demonstrate compliance with applicable regulations, eligibility of activities
and costs, and project performance standards as described in this document. Failure to
prepare and submit required reports and documents may constitute a breach of the
Agreement and could lead to suspension and/or termination of the contract as specified in
Section TH .
3 . Submit progress reports , project benefit, and project financial reports
within the schedule presented below. Reimbursement for project costs incurred will be
contingent upon the submission of required reports . Reports will be submitted in the
formats provided by the City that are attached to this agreement as EXHIBIT C .
Progress reports will be submitted on a quarterly basis , by the 15th of the month (April ,
July, October and January) following the end of the preceding quarter (January-March,
April -June, July- September and October-December) . Subrecipient will submit a final
report at completion of the project in January.
Reports provide the basis for monitoring activities, determining eligibility and
establishing compliance with performance standards . Such reports will provide the basis
for the annual report that the City is required to submit to HUD to document performance
in compliance with the Consolidated Plan . Unsuccessful performance of an activity or
failure to document necessary information may affect future Block Grant funding
decisions .
D . Staffing
[List of staff and time commitments to be charged to each activity specified]
E . Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and
performance standards as stated in EXHIBIT A . Substandard performance as determined
by the City will constitute noncompliance with this Agreement. If action to correct such
substandard performance is not taken by the Subrecipient within a reasonable period of
time after being notified by the City, contract suspension or termination procedures will
be initiated .
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The City will provide administrative and financial oversight and direction to
Subrecipient to assure compliance with federal program requirements throughout the
project period . The City will monitor the performance of services and evaluate
accomplishments and compliance with the terms of the Agreement throughout the project
period, including at least one visit to the project site or to the Subrecipient organization .
Site visits will be timed to coincide with major project milestones (e . g . , completion of a
phase of a construction project) .
The Subrecipient hereby agrees to and shall comply with the single audit requirements
set forth in OMB Circular A- 133 , "Audits of State and Local Governments and Non-
Profit Organizations. " OMB Circular A 433 generally requires an audit where the total
level of recipient funding from federal sources in any year exceeds five hundred thousand
dollars ($ 500 , 000) . A copy of the audit report and explanation of any questioned costs
must be sent to the City by the Subrecipient. The Subrecipient will be obligated to
resolve such findings as are applicable to the use of CDBG funds .
2 . BUDGET
A complete detailed budget for the project is attached in EXHIBIT A and incorporated
herein by reference. The Subrecipient understands that only those budget line items
appearing in EXHIBIT A will be approved for payment. Any change to the Scope of
Work, Services or Budget line items must be submitted, in writing, to the City and
approved before reimbursement for costs will be authorized .
A. Drawdowns
Drawdowns for the payment of eligible expenses shall be made against the line item
budgets specified in Section 2 herein and in accordance with performance . Expenses for
general administration shall also be paid against the line item budgets specified in
Section 2 and in accordance with performance .
Any indirect costs charged must be consistent with the conditions of Section 8 of this
Agreement . The City may require detailed breakdown than the budget contained in
EXHIBIT A which includes a schedule of values, the Subrecipient shall provide such
supplementary budget information in a timely fashion in the form and content prescribed
by the City . Any amendments to the budget must be approved in writing by both the City
and the Subrecipient.
3 . COMPENSATION
It is expressly agreed and understood that the total amount to be paid by the City under
this Agreement shall not exceed FIFTY THOUSAND DOLLARS AND NO/ 100
$ 50 000 to perform the Scope of Services described above and included in EXHIBIT A
and EXHIBIT B .
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A. Date to Incur Costs
Expenses that are eligible costs may be reimbursed if incurred during the program year,
specifically, from January 1 through December 31 of each year so long as all
requirements of this agreement have been met. Costs incurred prior to the effective date
or after the completion date will not be reimbursed without a written amendment to this
Agreement.
Be Requests for Reimbursement
The Subrecipient will submit regular requests for reimbursement to the City including
documentation of cost eligibility. CDBG funds may not be used for ineligible or
unallowable costs . The City shall have no obligation to make any payment to the
Subrecipient, unless and until the City has verified all invoiced expenses and has in the
City ' s sole discretion determined that all invoiced expenses are reasonable . Failure to
submit timely requests for reimbursement with all required documentation for the
expenses claimed may result in termination of the contract.
At a minimum , the Subrecipient will submit, with the first request for funds ,
documentation and descriptions of project costs including formulas for allocated prorated
portions of operating costs, procurement costs or other costs not wholly supported by
CDBG funds . Documentation will include time studies or employee time sheets, job
descriptions or contracts , indirect cost allocation plans or other requested documentation
helpful to the City in determining the eligibility of costs . Each successive request for
funds will include, at a minimum , back up documentation for costs incurred .
Payments may be contingent upon certification of the Subrecipient' s financial
management system in accordance with the standards specified in 24 CFR 84 . 21 .
4 . PERIOD OF PERFORMANCE
The Agreement will be effective upon signature by both parties, and the project work will
be completed no later than 12/31/2011 . Projected dates for completion of significant
items shall be outlined in EXHIBIT B , Final Project Summary. A Subrecipient who
desires an extension of time must request an amendment to the Agreement in writing at
least forty- five (45 ) days in advance of the completion date with reasons for the extension
request.
The Subrecipient will have thirty (30) days after the completion date to request
reimbursement for costs incurred . CDBG funds that are not expended by the completion
date will be returned to the City for reallocation .
The term of this Agreement and the provisions herein shall be extended to cover any
additional time period during which the Subrecipient remains in control of CDBG funds
or other CDBG assets, including program income.
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5 . NOTICES
Notices required by this Agreement shall be in writing and delivered via mail, personal
delivery or sent by facsimile or other electronic means . Any notice delivered or sent as
aforesaid shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following
contract representatives .
Cit.V Subrecipient
City of Pasco - Community & Economic Pasco Downtown Development Association- SK
Development Department Victoria Silvernail , Manager
Rick White, Director 720 Lewis St
525 N Third Avenue PO Box 842
Pasco , WA 99301 Pasco , WA 99301
(509) 545 - 3441 Phone (509) 545 -0738 Phone
(509) 545 - 3499 Fax (509) 545 - 1174 Fax
whiter @pasco -wa. gov victoria @pascospecialtykitchen . com
6 . SPECIAL CONDITIONS
Other conditions may be required for specific proposals . Additional conditions , if
applicable, will be attached as EXHIBIT D and incorporated by reference into this
Agreement.
7 . GENERAL TERMS AND CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 [the U . S . Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG) ] including subpart K of
these regulations , except that ( 1 ) the subrecipient does not assume the recipient ' s
responsibilities described in 24 CFR 570 . 604 , and (2) the Subrecipient does not assume
the recipient ' s responsibility for initiating the review process under the provisions of 24
CFR Part 52 . The Subrecipient also agrees to comply with all other federal, state and
local laws , regulations , and policies governing the funds provided under this contract .
The Subrecipient further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
Be Relationship
Nothing contained in this Agreement is intended to , or shall be construed in any manner
as creating or establishing an employer/employee relationship between parties . The
relationship of the Subrecipient to the City is that of an independent agency. The
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Subrecipient shall have no authority to execute contracts or make agreements or
commitments on behalf of the City and nothing herein shall be deemed to create the
relationship of employer/employee or principal/agent between parties .
Co Hold Harmless
The Subrecipient, and its contractors and consultants , agree to defend, indemnify and
hold harmless the City, its appointed and elective officers and its employees from and
against any and all suits , claims, actions , losses , costs , penalties and damages of
whatsoever kind and nature, including attorney fees and costs by reason of any and all
claims and demands on it, its officers and employees , arising out of, and in connection
with, or incident to the work covered by the Agreement, except that caused by the sole
negligence of the City of Pasco .
D . Workers ' Compensation
The Subrecipient shall provide Workers ' Compensation Insurance coverage for all its
employees involved in the performance of this agreement .
E . Insurance and Bonding
The Subrecipient shall comply with the bonding and insurance requirement of 24 CFR
84 . 31 and 84 . 48 .
The Subrecipient and its employees, volunteers , contractors or consultants shall carry
throughout the life of this Agreement, General Liability Insurance, Comprehensive
Automobile Liability Insurance and other such coverage as may be appropriate or
required by state or federal law, for the services to be performed. Properties improved,
acquired or rehabilitated with CDBG funds will be insured until such time that the final
disposition of the property occurs . Copies of insurance documents will be forwarded to
the City upon request.
F. City Recognition
The Subrecipient shall ensure recognition of the role of the City in providing services
through this Agreement . All activities , facilities and items utilized pursuant to this
agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all news releases
and other public notices related to projects funded under this Agreement and will identify
the source of funds as the City of Pasco Community Development Block Grant Program
(CDBG) funded by ' federal funds from the Department of Housing and Urban
Development ,
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G. Modifications and Amendments
The City or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement subject to the following
limitations :
1 . All modifications and amendments to this Agreement shall be in writing.
2 . Authorized representatives of both organizations must sign any modification or
amendment.
3 . No modification or amendment will take effect until specifically approved by the
City in writing.
Such amendments shall not invalidate this Agreement, nor relieve or release the City or
Subrecipient from its obligations under this Agreement.
The City may, at its discretion, amend this Agreement to conform with federal, state or
local governmental guidelines , policies and available funding amounts, or for other
reasons . If such amendments result in a change in the funding, the scope of services , or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both City and Subrecipient.
H. Suspension or Termination
The Agreement can be suspended or terminated by three methods .
1 . By fulfillment. The Agreement will be considered terminated upon fulfillment of its
terms and conditions .
2 . By mutual consent . The Agreement may be terminated or suspended; in whole or in
part, at any time, if both parties consent to such termination or suspension . The
conditions of suspension or termination shall be documented in a written amendment
to the Agreement.
3 . For cause . The City may suspend or terminate this Agreement in whole or in part, for
cause, when the Subrecipient has failed in whole or in part to meet its commitments
and obligations under the Agreement and when the City deems continuation to be
detrimental to its interest. Cause includes (but is not limited to) :
a. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations , executive orders , and HUD guidelines ,
policies or directives as may be come applicable at any time;
b . Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
c . Ineffective or improper use of funds provided under this agreement;
d . Submission by the Subrecipient to the City reports that are incorrect or
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incomplete in any material respect; or
e. Any illegal act.
In the event of suspension, the City will notify the Subrecipient in writing of the
corrective action required. Payment may be withheld until the Subrecipient takes
corrective action or the City decides to terminate the Agreement.
In the event of termination, the City will notify the Subrecipient in writing of its
determination to terminate, the reason for such termination, and the effective date for the
termination. Payments made to the Subrecipient or recoveries by the City will be in
accordance with the legal rights and liabilities of the parties . Recoveries include CDBG
funds on hand at the time of contract termination and any accounts receivable attributable
to the use of CDBG funds .
Actions by either party under this Agreement shall not constitute a waiver of any claim
by either party arising from conditions or situations leading to suspension or termination.
8 . ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84 . 21 -28 and agrees to adhere
to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs
incurred .
Transactions are also subject to 24 CFR 85 . 20 , which describe financial
management system requirements as they relate to acceptance and use of federal
funds . Interest or other income earned on CDBG advances must be repaid to the
U. S . Department of Housing and Urban Development.
Cost Principles
All financial transactions involving CDBG funds are subject to the regulations ,
policies , guidelines , and requirements contained in the Office of Management and
Budget (OMB ) Circular A- 87 , " Cost Principles for State and Local
Governments, " or the OMB Circular A- 122 , "Cost Principles for Non-Profit
Organizations, " which describe eligible costs . These principals shall be applied
for all costs incurred whether charged on a direct or indirect basis .
Be Documentation and Recordkeeping
City and duly authorized officials of state and federal government will have the
right of access to , and the right to examine, exempt or transcribe any records ,
books, papers and documents relating to the project. The City and HUD retain a
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nonexclusive, royalty free, and irrevocable right to duplicate, use for their own
purposes, disseminate, disclose or authorize others to utilize the copyright in any
work developed or purchased with CDBG funds .
Records to be Maintained
The subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR 570 . 506 , that are pertinent to the activities to be funded under
this Agreement . Such records shall include, but not be limited to :
1 . Records providing a full description the activity undertaken ;
2 . Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program ;
3 . Records required to determine the eligibility of activities ;
4 . Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance ;
5 . Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program ;
6 . Financial records as required by 24 CFR 570 . 502 , and 24 CFR 84 . 21 -28 ;
and
7 . Other records necessary to document compliance with Subpart K of 24
CFR Part 570 ,
Records Retention
The Subrecipient shall maintain all financial records , supporting documents ,
statistical records and other records pertinent to the Agreement for a period of five
(5) years . The retention period begins on the date of the submission of the City ' s
Consolidated Annual Performance Evaluation Report (CAPER) to HUD in which
the activities assisted under the Agreement on for the final time . Notwithstanding
the above, if there is litigation, claims , audits negotiations or other actions that
involve any of the records cited and that have started before the expiration of the
five-year period, whichever occurs later.
Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided . Such data shall include, but not be limited to , client name,
address , income level or other basis for determining eligibility, and description of
service provided . Such information shall be made available to City monitors or
their designees for review upon request .
Disclosure
The Subrecipient understands that client information collected under this
contract is private and the use or disclosure of such information, when not directly
connected with the administration of the City ' s or Subrecipient ' s responsibilities
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with respect to services provided under this contract, is prohibited unless written
consent is obtained from such person receiving service and, in the case of a minor,
that of a responsible parent/guardian .
Public Records
Records will include evidence of benefit to low and moderate income persons ,
description of the work, financial resources (source and use of funds ,
authorization to expend funds, obligations, un-obligated balance, assets,
liabilities, outlays and income) , property acquisition, fair housing, equal
opportunity, property disposition, etc. The public shall be granted reasonable
access to all "public records . "
Project Close-Out
The Subrecipient' s obligation to the City shall not end until all close- out
requirements are completed . Activities during this close-out period shall include,
but are - not limited to : making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances ,
program income balances , and accounts receivable to the City) , and determining
the custodianship of records . Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has
control over CDBG funds, including program income.
Special provisions discussed at Section Iii , Use and Reversion of Assets , may
apply to property acquired or improved by the Subrecipient.
Audits and Inspections
All subrecipient records with respect to any matters covered by this Agreement
shall be made available to the City, grantor agency, and the comptroller general
of the United States or any of their authorized representatives , at any time during
normal business hours , as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data. Any deficiencies noted in the audit
reports must be fully cleared by the Subrecipient with thirty (30) days after
receipt by the Subrecipient. Failure of the Subrecipient to comply with the
above audit requirements will constitute a violation of this contract and may result
in the withholding of future payments . The Subrecipient hereby agrees to have
an annual agency audit conducted in accordance with current City policy
concerning subrecipient audits and OMB Circular A- 133 .
C . Reporting and Payment Procedures
Program Income
The subrecipient shall report quarterly all program income (as defined at 24 CFR
570 . 500 (4)) generated by activities carried out with CDBG funds made available
under this contract . The use of program income by the Subrecipient shall comply
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with the requirements set forth at 24 CFR 570 . 505 . By way of further limitations,
the Subrecipient may use such income during the contract period for activities
permitted under this contract and shall reduce request for additional funds by the
amount of any such program income balances on hand . All unexpended program
income shall be returned to the City at the end of the contract period. Any interest
earned on cash advances from the U . S . Treasury and from funds held in a
revolving fund account is not program income and shall be remitted promptly to
the City.
Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Subrecipient ' s share of
administrative costs and shall submit such plan to the City for approval , in a form
specified by the City .
Payment Procedures
The City will pay to the Subrecipient funds available under this Agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and City policy concerning payments . With the exception of
certain advances, payments will be made for eligible expenses actually incurred
by the Subrecipient, and not to exceed actual cash requirements . Payments will
be adjusted by the City in accordance with advance fund and program income
balances available in Subrecipient accounts . In addition, the City reserves the
right to liquidate funds available under this contract for costs incurred by the City
on behalf of the Subrecipient.
Progress Reports
Reports provide the basis for monitoring activities , determining eligibility and
establishing compliance with performance standards . Such reports provide the
basis for the annual report that the City is required to submit to HUD . The
Subrecipient shall submit regular progress reports to the City in the form,
content, and frequency as required by the City below :
The Subrecipient will submit quarterly progress reports and financial
reports within the schedule provided. Reimbursement for project costs
incurred will be contingent upon the submission of required reports .
Reports will be submitted in the formats provided by the City, which are
attached to this agreement as EXHIBIT C .
Progress reports will be submitted quarterly, by the 15th of the month following
the end of the preceding quarter. Subrecipient will submit a final report upon
project completion .
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A Procurement
Compliance
The Subrecipient shall comply with current . City Administrative Order #562 ,
Procurement for Block Grant Funds . Procurement policies for the purchase of
equipment require prior approval of the City and inventory records of all non-
expendable personal property as defined by such policy that may be procured with
funds provided herein . All program assets (unexpended program income,
property, equipment, etc . ) shall revert to the City upon termination of this
Agreement.
OMB Standards
If the Subrecipient is a governmental or quasi-governmental agency, the
applicable sections of 24 CFR Part 85 , " Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments, " and OMB
Circular A- 87 , " Cost Principles for State, Local, and Indian Tribal
Governments, " which describe eligible costs . These principals shall be applied
for all costs incurred whether charged on a direct or indirect basis . Unless
specified otherwise within this agreement, the Subrecipient shall procure all
materials, property, or services in accordance with the requirements of 24 CFR
85 . 36 .
If the Subrecipient is a non-profit agency, the applicable sections of 24 CFR
Part 84, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education and Non-profit Organizations , " and OMB
Circular A. 122 , " Cost Principles for Non-Profit Organizations, " which describe
eligible costs for non profits . These principals shall be applied for all costs
incurred whether charged on a direct or indirect basis . Unless specified otherwise
within this agreement, the Subrecipient shall procure all materials , property, or
services in accordance with the requirements of 24 CFR 84040 -48 .
OMB Circular A- 133 , "Audits of State and Local Governments and 'Non-Profit
Organizations. " requires an audit where the total level of recipient funding from
all federal sources in any year exceeds five hundred thousand dollars ($ 500 , 000) .
Travel
The Subrecipient shall obtain written approval from the City for any travel
outside the metropolitan area with funds provided under this Agreement .
Use and Reversion of Assets
Under the HUD regulations at 24 CFR Part 570 . 503 (b) (7) Reversion of Assets ,
any property under the Subrecipient control that is acquired or improved with
CDBG funds in excess of $ 25 , 000 must be used for a purpose which meets a
national objective for a period of five (5 ) years from the expiration of this
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agreement. Disposition of any property acquired or improved with CDBG funds
during the five-year period will require repayment of the CDBG funds to the City .
Such property disposition will be reported to the City within thirty (30) days of
the intent to dispose of such property. The City of Pasco will be named as loss
payee on the property insurance policy with coverage in an amount equal to or
greater than the grant amount; evidence of the insurance coverage will be supplied
to the City of Pasco .
The use and disposition of real property and equipment under this Agreement
shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR
570 . 502 , 570 . 503 , and 570 . 504 , as applicable, which include but are not limited to
the following :
i . The Subrecipient shall transfer to the City any CDBG funds on hand and
any accounts receivable attributable to the use of funds under this
Agreement at the time of expiration, cancellation, or termination .
lie Real property under the Subrecipient control that was acquired or
improved, in whole or in part, with funds under this Agreement in excess of
$ 25 , 000 shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570 . 208 until five (5) years after expiration of this
Agreement . If the Subrecipient fails to use CDBG- assisted real property in
a manner that meets a CDBG National Objective for the prescribed period
of time, the Subrecipient shall pay the City an amount equal to the current
fair market value of the property less any portion of the value attributable to
expenditures of non- CDBG funds for acquisition of, or improvement to , the
property. Such payment shall constitute program income to the City. The
Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period [or such longer period
of time as the City deems appropriate] .
iii . In all cases in which equipment acquired, in whole or in part, with funds
under this Agreement is sold, the proceeds shall be program income
(prorated to reflect the extent to that funds received under this Agreement
were used to acquire the equipment) . Equipment not needed by the
Subrecipient for activities under this Agreement shall be (a) transferred to
the City for the CDBG program or (b) retained after compensating the City
[ an amount equal to the current fair market value of the equipment less the
percentage of non- CDBG funds used to acquire the equipment] .
9 . RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR-
ONE HOUSING REPLACEMENT
The Subrecipient shall provide relocation assistance to displaced persons as defined by
24 CFR 570 . 606 (b) (2) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted prolect. The Subrecipient agrees to
comply with (a) the Uniform Relocation Assistance and Real Property Acquisition
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Policies Act of 1970, as amended (URA) , and implementing regulations at 49 CFR Part
24 and 24 CFR 570 . 606 (b) ; (b) the requirements of 24 CFR 570 . 606 (c) governing the
Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of
the HCD Act; and (c) the requirements in 24 CFR 570 . 606 (d) governing optional
relocation policies . The Subrecipient also agrees to comply with applicable City
ordinances , resolutions and policies concerning the displacement of persons from their
residences .
10 . PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Compliance
Title VI of the Civil Rights Act of 1964, as amended (42 U . S . C . 2000d et seq . )
provides that no person in the United States shall , on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal
financial assistance . Regulations implementing the requirements of Title VI with
respect to HUD programs are contained in 28 CFR Part 1 .
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section
104 (b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973 , the
Americans with Disabilities Act of 1990 , the Age Discrimination Act of 1975 ,
Executive Order 11063 , and Executive Order 11246 as amended by Executive
Orders 11375 , 11478 . 12107 and 12086 .
Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment
and contracting opportunities laws , regulations , and executive orders referenced
I
n 24 CFR 570 . 607, as revised by Executive Order 13279 . The applicable non-
discrimination provisions in Section 109 of the HCDA are still applicable .
Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P . L . 88 - 352) and 24 CFR 570 . 601 and 570 . 602 . In regard to the sale, lease,
or other transfer of land acquired, cleared or improved with assistance provided
under this contract, the Subrecipient shall cause or require a covenant running
with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental , or in the use or
occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the City and the United States are beneficiaries of and entitled to
enforce such covenants . The Subrecipient, in undertaking its obligation to carry
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out the program assisted hereunder, agrees to take such measures as are necessary
to enforce such covenant, and will not itself so discriminate .
Section 504
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the
basis of handicap in federally assisted programs . The Subrecipient agrees to
comply with all federal regulations issued pursuant to compliance with Section
504 of the Rehabilitation Act of 1973 (29 U . S . C . 794) , which prohibits
discrimination against the individuals with disabilities or handicaps in any
federally assisted program . The City shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the regulations in force
during the term of this Agreement.
Architectural Barriers Act of 1968 , as amended (42 U . S . C . 4151 -4157) requires
that certain federally- funded building or facilities be designed, constructed or
altered to ensure accessibility to , and use by, physically handicapped persons .
Some buildings and facilities that include CDBG funds are subject to the
Architectural Barriers Act and must comply with the Uniform Federal
Accessibility Standards (24 CFR Part 40 appendix A for residential structures and
41 CFR Part 101 - 19 Appendix A for general buildings) .
Americans with Disabilities Act (42 U . S . C . 12131 ; 47 U . S . C . 155 , 201 ,218 and
225 ) . Discrimination against disabled persons includes the failure to design and
construct facilities (first occupied after January 26 , 1993 ) that are accessible to
and usable by persons with disabilities . The ADA also requires the removal of
architectural and communication barriers that are structural in nature in existing
facilities .
Fair Housing
Title VIII of the Civil Rights Act of 1968 (Public Law 90 -284) (42 U . S . C . 3601
et . seq .) pertaining to affirmatively furthering fair housing. The law states that it
is the policy of the United States to provide, within constitutional limitation, for
fair housing throughout the United States and prohibits any person from
discriminating in the sale or rental of housing, the financing of housing or the
provisions of brokerage services , including in any way making unavailable or
denying a dwelling to any person, because of race, color, religion, sex, familial
status or national origin . The Sub -recipient must also administer programs and
activities relating to housing and urban development in a manner that
affirmatively promotes fair housing and furthers the purposes of Title VIII .
Regulations implementing the requirements with respect to HUD programs are
contained in 24 CFR Part 100- 115 .
Executive Order 11063 , as amended by Executive Order 12259 (24 CFR Part
107) pertaining to nondiscrimination and equal opportunity in housing . The
Subrecipient must take all action necessary and appropriate to prevent
Pasco Downtown Development Commercial Kitchen 18
discrimination because of race, color, religion, creed, sex or national origin ; in the
sale, leasing rental and other disposition of residential property and related
facilities (including land to be developed for residential use) ; or in the use or
occupancy thereof if such property and related facilities are, among other things ,
provided in whole or in part with the aid of loans , advances, grants , or
contributions from the federal government.
B . Affirmative Action
Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
City's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1966 . The City shall provide Affirmative Action guidelines to the Subrecipient
to assist in the formulation of such program . The Subrecipient shall submit a plan
for an Affirmative Action Program for approval prior to the award of funds .
Women and Minority Owned Businesses
The Subrecipient will use its best efforts to afford small businesses, minority
business enterprises , and women' s business enterprises the maximum practicable
opportunity to participate in the performance of this contract. As used in this
contract, the terms " small business " means a business that meets the criteria set
forth in Section 3 (a) of the Small Business Act, as amended ( 15 U . S . C . 632) , and
"minority and women's business enterprise " means a business at least fifty-one
percent (51 %) owned and controlled by minority group members or women . For
the purpose of this definition, "minority group members " are Afro -Americans,
Spanish speaking, Spanish surnamed or Spanish-heritage Americans , Asian
Americans, and American Indians . The Subrecipient may rely on written
representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
Access to Records
The Subrecipient shall furnish and cause each of its own contractors or
subcontractors to furnish all information and reports required hereunder and will
permit access to its books , records and accounts by the City, HUD or its agent, or
other authorized federal officials for purposes of investigation to ascertain
compliance with the rules , regulations and provisions stated herein .
Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice, to be provided by the agency contracting officer, advising the labor
union or worker' s representative of the Subrecipient's commitments hereunder,
Pasco Downtown Development Connnercial Kitchen 19
and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement
The Subrecipient will , in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs 10 . A, Civil Rights in
every subcontract or purchase order, specifically or by reference, so that such
provisions will be binding upon each of its own contractors or subcontractors .
C . Employment Restrictions
Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for : political activities ; inherently
religious activities ; lobbying; political patronage ; and nepotism activities .
Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis Bacon Act as amended, the provisions of
Contract Work Hours and Safety Standards Act (40 U . S . C . 327 et seq . ) and all
other applicable federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement. The
Subrecipient agrees to comply with the Copeland Anti-Kick Back Act ( 18 U. S . C .
874 et seq . ) and its implementing regulations of the U . S . Department of Labor at
29 CFR Part 5 . The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation
shall be made available to the City for review upon request. The Subrecipient
agrees that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8 ) units, all contractors engaged under
contracts in excess of $2 , 000 . 00 for construction, renovation or repair work
financed in whole or in part with assistance provided under this contract, shall
comply with federal requirements adopted by the City pertaining to such
contracts and with the applicable requirements of the regulations of the
Department of Labor, under 29 CFR Parts 1 , 3 , 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers ; provided that, if
wage rates higher than those required under the regulations are imposed by state
or local law, nothing hereunder is intended to relieve the Subrecipient of its
obligation, if any, to require payment of the higher wage . The Subrecipient shall
Pasco Downtown Development Commercial Kitchen 20
cause or require to be inserted in full , in all such contracts subject to such
regulations , provisions meeting the requirements of this paragraph.
D . Section 3 Clause
All Section 3 covered contracts shall include the following clause verbatim
(referred to as the Section 3 clause) :
A . The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968 , as amended,
12 U . S . C . 170lu ( Section 3 ) . The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance
or HUD assisted projects covered by Section 3 , shall, to the greatest extent
feasible, be directed to low and very low-income persons , particularly persons
who are recipients of HUD assistance for housing.
B . The parties to this contract agree to comply with HUD 's regulations in 24 CFR
part 135 , which implement Section 3 . As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the part
135 regulations .
C . The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or
workers ' representative of the contractor's commitments under this Section 3
clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment
positions can see the notice . The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for
each ; and the name and location of the person(s) taking applications for each
of the positions ; and the anticipated date the work shall begin .
D . The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135 , and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause, upon a finding that the subcontractor is in violation of
the regulations in 24 CFR part 135 . The contractor will not subcontract with
any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part
135 .
E . The contractor will certify that any vacant employment positions, including
training positions , that are filled ( 1 ) after the contractor is selected but before
the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135 ,
Pasco Downtown Development Commercial Kitchen 21
F . Noncompliance with HUD 's regulations in 24 CFR part 135 may result in
sanctions , termination of this contract for default, and debarment or
suspension from future HUD assisted contracts .
G . With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7 (b) of the Indian Self-Determination and
Education Assistance Act (25 U. S . C . 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest extent
feasible (1) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned economic enterprises .
Parties to this contract that are subject to the provisions of Section 3 and
Section 7 (b) agree to comply with Section 3 to the maximum extent feasible,
but not in derogation of compliance with Section 7 (b) .
Compliance with Section 3
Compliance with the provisions of Section 3 of the HUD Act Of 1968 , as
amended, and as implemented by the regulations set forth in 24 CFR 135 , and all
applicable rules and orders issued hereunder prior to the execution of this
contract, shall be a condition of the federal financial assistance provided under
this Contract and equally binding upon the City, the Subrecipient and any of the
Subrecipient' s contractors , subcontractors, suppliers and lower-tier
subcontractors and suppliers . Failure to fulfill these requirements shall subject the
City, the Subrecipient and any of . the Subrecipient's contractors and
subcontractors , their successors and assigns, to those sanctions specified by the
Agreement through which federal assistance is provided . The Subrecipient
certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements .
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead based paint hazards) , housing construction, or
other public construction project are given to low and very low-income persons
residing within the metropolitan area in which the CDBG funded project is
located ; where feasible, priority should be given to low and very low-income
persons within the service area of the project - or the neighborhood in which the
project is located, and to low and very low-income participants in other HUD
programs ; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead based paint hazards) ,
housing construction, or other public construction project to business concerns
that provide economic opportunities for low and very low-income persons
residing within the metropolitan area in which the CDBG funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low and very low-income residents within the service
area or the neighborhood in which the project is located, and to low and very low-
income participants in other HUD programs . The Subrecipient certifies and
Pasco Downtown Development Commercial Kitchen 22
agrees that no contractual or other legal incapacity exists that would prevent
compliance with these requirements .
Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training .
Subcontract Flowdown Clause
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that, the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient will not subcontract with any entity where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR
Part 135 and will not let any subcontract unless the entity has first provided it
with a preliminary statement of ability to comply with the requirements of these
regulations .
E . Assignability
The Subrecipient shall not assign any interest in this Agreement and shall not
transfer any interest in the Agreement to any party (whether by assignment or
novation) without the City' s prior written consent.
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the City thereto ; provided, however, that
claims for money due or to become due to the Subrecipient from the City under
this contract may be assigned to a bank, trust company, or other financial
institution without such approval notice of any such assignment or transfer shall
be furnished promptly to the City .
F. Subcontracts
Approval
The Subrecipient may, upon the City's specific written approval of the contract
instrument, enter into any subcontract or procurement action authorized as
necessary for the successful completion of this Agreement . All procurement
actions and subcontracts shall be in accordance with applicable federal and state
law relating to contracting by public agencies .
Pasco Downtown Development Commercial Kitchen 23
Flowdown
The Subrecipient shall cause all of the provisions of this contract in its entirety to
be included in and made a part of any subcontract executed in the performance of
this Agreement.
Procurement
If the Contractor is a nonprofit corporation, it agrees to comply with federal
procurement requirements specified in 24 CFR Part 84 . 40 through . 48 or as
otherwise provided in the Special Conditions . The regulations at 24 CFR Part
85 . 36 (b) through (g) and 24 CFR Part 84 . 40 through . 48 , require that all goods
and services , irrespective of cost, be procured using a competitive process per
Section 8 . D , Procurement.
Selection
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement requirements . Executed copies
of all subcontracts shall be forwarded to the City along with documentation
concerning the selection process .
G. Debarred or Ineligible Contractors .
The Subrecipient may not award or permit award of a contract to a party that is
debarred, suspended or ineligible to participate in a federal program . The
Subrecipient shall include and require that such language be included in bid and
award documents for all awards and subawards (including contracts, subcontracts ,
subgrants , loans , and cooperative agreements) , and that all contractors and
subcontractors shall require the same, certify and disclose accordingly.
Prior to prospective lower tier participant entering into a covered transaction with
another person at the next lower tier, the prospective lower tier participant agrees
by signing this agreement that it will verify that the person with whom it intends
to do business is not excluded or disqualified. The prospective lower tier
participant will do this by:
(a) Providing evidence obtained by checking the federal Excluded Parties
List System (EPLS) ; and
(b) Adding a clause or condition to the covered transaction with that
person.
Prior to signing any contracts , the Subrecipient prospective lower tier participant
must submit to the City, the name of contractors and subcontractors , and printouts
from the Excluded Parties List System (EPLS ) to ensure compliance with 24 CFR
Part 24, " Debarment and Suspension . "
Pasco Downtown Development Commercial Kitchen 24
If it is later determined that the Subrecipient or any prospective lower tier
participant knowingly rendered erroneous certifications or entered into contracts
without first verifying eligibility, the department or agency with which this
transaction originated, may pursue available remedies, including suspension
and/or debarment in addition to other remedies available to the federal
government.
Sample Debarment, Suspension , Ineligibility, Voluntary Exclusion Contract
Provision .
Debarment Certification. The Contractor certifies that the Contractor is not
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in this Contract by any Federal
department or agency. The Contractor shall complete a Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion form . Any such
form completed by the Contractor for this Contract shall be incorporated into this
Contract by reference.
H. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V of the U . S . C .
I. Conflict of Interest
No officer, employee, or agent of the City or of the Subrecipient who exercises
any functions or responsibilities in connection with planning or carrying out
CDBG activities , including contract administration and procurement, shall have
any personal financial interest, direct or indirect, in this Agreement or any
contract or subcontract associated with this Agreement. The City and
Subrecipient will take appropriate steps to assure compliance with this provision.
The Subrecipient agrees to abide by the provisions of 24 CFR 84 . 42 and
5700611 , which include, but are not limited to, the following :
1 . The Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by federal
funds .
20 No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by
federal funds if a conflict of interest, real or apparent, would be involved .
30 No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG assisted activities , or who are in a
position to participate in a decision-making process or gain inside
Pasco Downtown Development Conunercial Kitchen 25
information with regard to such activities , may obtain a financial interest
in any contract, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG assisted activity, or with respect to
the proceeds from the CDBG assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their
tenure or for a period of one ( 1 ) year thereafter. For purposes of this
paragraph, a " covered person " includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the City, the
Subrecipient, or any designated public agency.
I Lobbying
No portion of funds provided through this Agreement shall be used for any
partisan political activity or to further the election or defeat of any candidate for
public office or influence or defeat of any ballot issue . No member or delegate to
United States of America Congress, nor any other federal official shall be
admitted to any share or part of the federal funds provided by this Agreement .
The Subrecipient will comply with requirements of Section 1352 , Title 31 , U. S .
Code prohibiting the use of federally appropriated funds to influence or attempt to
influence an officer or employee of any agency, a member of Congress, an officer
or employee of Congress or an employee of a member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal , amendment, or modification of any federal
contract, grant, loan or cooperative agreement.
The Subrecipient shall require that the language of the certification prohibiting
political activity and lobbying be included in the award documents for all sub .
awards (including subcontracts , subgrants, loans , and cooperative agreements)
and that all subcontractors shall certify and disclose accordingly.
The Subrecipient hereby certifies that :
a . No federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress , an officer or
employee of Congress , or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal ,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement;
b . If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress , an officer or employee
Pasco Downtown Development Commercial Kitchen 26
of Congress , or an employee of a member of Congress in connection with
this federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form- LLL, "Disclosure Form to Report
Lobbying, " in accordance with its instructions ; and
c . It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans , and cooperative
agreements) and that all Subrecipients shall certify and disclose
accordingly:
d . Lobbyina Certification
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into . Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352 , title 31 , U . S . C . Any person who fails
to file the required certification shall be subject to a civil penalty of not
less than $ 10 , 000 and not more than $ 100 , 000 for each such failure .
K. Copyright
If this contract results in any copyrightable material or inventions , the City and/or
grantor agency reserves the right to royalty- free, non- exclusive and irrevocable
license to reproduce, publish or otherwise use and to authorize others to use, the
work or materials for governmental purposes .
L . Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570 . 2000 ) , such
as worship, religious instruction, or proselytization .
In accordance with the First Amendment of the United States Constitution,
Article 1 , Section 11 of the Washington State Constitution, and separation of
church and state principles , as a general rule, funds received under this Agreement
may not be used for religious activities . Except where otherwise allowed by
federal law, the following restrictions and limitations apply to the use of CDBG
funds :
A Subrecipient may not engage in inherently religious activities , such as
worship , religious instruction or proselytization, as part of the assistance funded
under this Agreement If the Subrecipient conducts religious activities , the
activities must be offered separately, in time and location, from the assistance
funded under this Agreement, and participation must be voluntary for the
beneficiaries of the assistance.
Pasco Downtown Development Commercial Kitchen 27
In performing under this Agreement, the Subrecipient shall not discriminate a
program beneficiary or prospective program beneficiary on the basis of religion or
religious belief.
M. Drug-Free Workplace Act of 1988
The Subrecipient will comply with the Drug-Free Workplace Act of 1988 , and
shall certify that they will maintain a drug- free work place, develop and adopt a
written policy and implement organizational policies and procedures as required
by the Drug-Free Workplace Act of 1988 , related laws and regulations .
The Subrecipient will remain fully obligated under the provisions of this
Agreement notwithstanding its designation of any third party to undertake all or
any part of the project.
The Subrecipient will monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up actions
taken to correct areas of noncompliance .
Failure by the Subrecipient to require compliance with the above terms and conditions in
subcontracts is default and shall constitute a breach of this Agreement.
Ho ENVIRONMENTAL CONDITIONS
All projects must obtain an overall environmental clearance before any funds are
obligated . The Subrecipient must comply with the provisions of the National
Environmental Policy Act of 1969 (42 U. S . C . Section 4321 , et seq . ) and 24 CFR Part
58 . The purpose of this Act is to attain the widest use of the environment without
degradation, risk to health or safety or other undesirable and unintended consequences .
An overall environmental review, which includes completion of a statutory checklist,
determination of significant impact, and publication of a finding of significant impact or
finding of no significant impact for each project by site address , is required . Such
environment review will be completed by the City .
The Subrecipient will supply the City any and all information required to make final
determination of environmental impact once, an individual site address has been
identified. The Subrecipient must submit environmental checklists and documentation
to the City prior to committing any funds to a project or requesting that funds be released
for the project . The City must certify that the proposed project will not significantly
impact the environment and that the Subrecipient has complied with environmental
regulations prior to release of funds .
The Subrecipient agrees to notify City immediately of any changes to the project
address , or scope of work and refrain from making any expenditures until a new
environmental clearance has been completed. Funds will not be disbursed for
reimbursement of expenditures on any project that fails to meet these conditions .
Pasco Downtown Development Commercial Kitchen 28
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply
to the performance of this Agreement : Clean Air Act, 42 U . S . C . , 7401 , et seq. ; Federal
Water Pollution Control Act, as amended, 33 U . S . C . , 1251 , et seq . , as amended, 1318
relating to inspection, monitoring, entry, reports, and information, as well as other
requirements . specified in said Section 114 and Section 308 , and all regulations and
guidelines issued thereunder; Environmental Protection Agency (EPA) regulations
pursuant to 40 CFR Part 50 , as amended .
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U . S . C . 4001 ) , the Subrecipient shall assure that for activities located in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood
hazards , flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation) .
Co Lead Based Paint
Subpart B of 24 CFR Part 35 and Section 401 (b) of the Lead Based Paint Poisoning
Prevention Act apply to CDBG assisted rehab and construction requiring that lead based
paint hazards must be eliminated to the extent practicable . The Subrecipient agrees that
any construction or rehabilitation of residential structures with assistance provided under
this Agreement shall be subject to HUD Lead Based Paint Regulations at 24 CFR
570 . 608 , and 24 CFR Part 35 , Subpart B . Such regulations pertain to all CDBG assisted
housing and require that all owners, prospective owners , and tenants of properties
constructed prior to 1978 be properly notified that such properties may include lead based
paint . Such notification shall point out the hazards of lead based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead based
paint poisoning and the advisability and availability of blood lead level screening for
children under seven . The notice should also point out that if lead based paint is found on
the property, abatement measures may be undertaken . The regulations further require
that, depending on the amount of federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement may be conducted.
D . Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966 , as amended ( 16 U . S . C . 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties , insofar as they apply to the performance
of this agreement. In general , this requires concurrence from the State Historic
Preservation Officer for all rehabilitation and demolition of historic properties that are
fifty years old or older or that are included on a federal , state, or local historic property
list.
Pasco Downtown Development Commercial Kitchen 29
12 . WAIVER
The City's failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches . The failure of the City to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
139 SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect .
14 . SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
15 . ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the City and the Subrecipient
for the use of funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals , whether electronic, oral, or written
between the City and the Subrecipient with respect to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
Pasco Downtown Development Commercial Kitchen 30
City : City of Pasco
Rick White, Director
Community and Economic Development
Subrecipient : Pasco Downtown Development Association-SK
lvenaManag r Si ,
Pasco Specialty Kitchen
Pasco Downtown Development Commercial Kitchen 31
EXHIBIT A
Grant Application
Pasco Downtown Development Commercial Kitchen A4
ii6Sag RECEIVED
I qql
MAY Ol
2011 APPLICATION FOR CITY OF PASCO COMMUNU & ECONONC. DEVELOPMEW.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND
AGENCY: Pasco Downtown Development Association
PROJECT TITLE : Pasco Specialty Kitchen
ADDRESS : 110 S .4th Pasco Washington 99301
PROPOSED PROJECT LOCATION: Same
CONTACT PERSON: Victoria Silvernail
E-MAIL : pascokitchen @gwestoffice.net
PHONE : 509-545- 1172 FAX : 509-545 - 1174
AMOUNT OF CDBG FUNDS REQUESTED : $ 6500000
AMOUNT OF NON-CDBG MATCH: $ 329000000
1 . DESCRIBE THE PROBLEM OR NEED (AS RELATED TO THE STRATEGIC ACTION PLAN ATTACHED) :
2002 both groups, the City of Pasco, Washington and the Downtown Development Association, partnered on the development
of an incubator kitchen to create specialty food businesses ; that is now the Pasco Specialty Kitchen (PSK) 110 S . 4th Ave .
Pasco . This property replaced two blighted properties and brought the possibility of new jobs and small businesses to a low to
moderate income population. PSK helps small businesses with an affordable infrastructure, educational support and guidance
with business decisions and marketing plans. PSK offer assistance to clients in the following areas:
■ Local, State and Federal Licensing
■ Insurance
■ Permits
■ Labeling & Packaging
■ Training Facility for Special Permits
■ Marketing
■ Business & Marketing Planning
■
PSK has developed excellent working relationships with local commerce resources such as Columbia Basin Community
Business Center, Benton Franklin Development Council and SCORE thusly providing a unique one-stop shop for new
businesses. Assistance is provided to help clients understand their position in the market. Ongoing marketing by PSK provides
client product exposure in both retail and wholesale markets in the Pacific Northwest and world by way of PSK' s WEB site.
PSK has the following Certifications and Approvals from the state of Washington :
■ Department of Health
■ Department of Agriculture
■ Organic Certification For Food Preparation and Processing
Kitchen serves the Pasco High School Commercial foods Academy that provides educational training related to the food
industry and entrepreneurship . Our Pasco High School has 62% of their students are low - moderate income . This next year we
want to work with a few of our restaurants to create a number of internship positions that could be filled with our best
performers with good attendants and give them a soft step to the work force with experience Our clients sign an agreement to
consider LMI persons for their created jobs.
2011 -34
2011 CDBG Application Pasco Downtown Development Commercial Kitchen age 1
Pasco Downtown (21 .202)
2. EXPLANATION OF PROPOSAL - Give a complete detailed description of your proposal including a description of the
clientele you will be serving:
PSK offers potential new businesses access to an affordably and certified commercial kitchen to develop and perfect their
products . Commercial food preparation equipment can be so costly in a start up business it can be the deciding point of not
developing a business. Funding for food service businesses is extremely difficult to obtain from lending institutions for
experienced food businesses and near impossible for startup operators .
PSK is a Low Cost Pay Per Hour concept permitting people with very little available risk capital to incrementally develop and
market food products in a real commercial kitchen 24 hours a day 7days a week and 365 days a year. This has permitted PSK ' s
clients to bootstrap themselves into a self sustaining food service ventures be it retail or as a wholesaler to grocery outlets.
Without PSK' s resources these low income individuals would find it impossible to experience success as an entrepreneur.
PSK' s clients represent a wide ethnicity with African American, Hispanic, Asian and Caucasian present.
The PSK facility is an 11 ,000 square foot building located in downtown Pasco . The building houses the equipment and
resources shown below:
■ 4 Convection ovens
Walk4n Freezer
■ Walk-In Refrigerator
■ Commercial Bread Mixers
■ Compartmentalized Lockable Storage Space
■ 2 Stove Top Ranges with Lower Ovens
■ Wireless Internet Access
■ Client' s Product Store
The funding is critical for the growth of our clients and the continued operation of PSK. This grant helps pay the following
expenses;
1 Full Time and Part�Time salary
■ Payroll Taxes
■ Administrative Expenditures
■ Equipment Purchases
■ Administrative Services Contracts
This grant makes it possible for small business to keep their start-up cost affordable . We charge the clients an affordable fee for
kitchen time, freezer and refrigeration space and dry storage . Keeping these costs affordable is vital to the success of our small
business clients . We need to keep this valuable asset in operation for the City of Pasco and our local economy.
We have clients that are Low to moderate income; Pasco High. Students, Elderly and Retired Owners, Women Head of
Household and Minorities. In addition to our regular clients, we provide space for high school students learning about the food
processing business and how to create a specialty food business. They learn to create products, food costs, packaging
marketing. The Kitchen serves as a base for Pasco High School Commercial Foods Academy that provides educational training
related to the food industry and entrepreneurship . Our Pasco High has 62% of their students are low-moderate income. This
program is a base for future small businesses in our area it open the prospect of future business growth and the creation of more
low to moderate jobs
This is an economic development tool designed to create jobs and accelerate growth and success of small businesses through
business support, resources and services. Our incubator businesses create jobs revitalize neighborhoods add new products to
the market and strengthen our local economy.
2011 CDBG Application page 2
3. CONSOLIDATED PLAN : The City of Pasco is required to adopt a long-range community action plan to determine
where the use of Block Grant funds should be focused. List the identified objective(s) listed in the City of Pasco
Consolidated Plan that the proposal addresses and explain how your proposal meets that need. (See STRATEGIC
ACTION PLAN GOALS attached)
By providing an affordable commercial incubator kitchen a food business facility and assistance related to business
development, marketing, and training The kitchen (located in downtown Pasco) meets the following; Strategic Action Plan
goals : Goal 1 . Strategy # 1 Support business that creates jobs for low-moderate income residents .
Objective 1 . 1 Provides assistance to exiting or new micro-enterprise and other business to hire or retain low-moderate income
workers and or low-income business owners . Goal 1 . Strategy #4 Support activities that improve the quality of local workforce
and prepare lower income and special needs workers to access living wage jobs.
Objective 4. 1 Support training and work skills programs/projects that prepare lower income workers to be gainfully employed
in local industries and businesses.
Goal 1 . Strategy #5 Support facilities, infrastructure or other eligible improvements to assist businesses that need economic
development assistance by virtue of their qualifying, physical environment or demographics conditions ; to create living wage
jobs and / or economic opportunities
Objective 5 . 1 Support a range of eligible special economic development activity, to address development needs in the
following targeted re-development strategy area: PASCO DOWNTOWN AREA
4. ALLOCATION POLICY : Projects will be ranked according to the attached Allocation Policy. Identify the priority (A,
B, C or D) that matches your project (see Section H in Allocation Policy) :
Priority: X❑A ❑B ❑ C ❑D and explain how your proposal satisfies that priority :
5. GENERAL SCHEDULE FOR PROJECT COMPLETION : Ongoing
6. SPECIFY EXACTLY WHAT CDBG FUNDS WOULD BE USED FOR: The funding is critical for the growth of our
clients and the continued operation of PSK. This grant helps pay the following expenses ;
■ 1 Full Time and Part Time salary
■ Payroll Taxes
■ Administrative Expenditures
■ Equipment Purchases
■ Administrative Services Contract
This grant makes it possible for small business to keep their start-up cost affordable. We charge the clients an
affordable fee for kitchen time, freezer and refrigeration space and dry storage. Keeping these costs affordable
is vital to the success of our small business clients . We need to keep this valuable asset in operation for the
City of Pasco and our local economy.
79 DOES YOUR PROJECT CREATE INDIVIDUALBUSINESS DISPLACEMENT OR RELOCATION? ❑ YES X❑ NO
S. ELIBIBILITY : The proposed project benefits low-moderate income persons by meeting the CDBG Goals &
Objectives (See ELIGIBILITY attached):
❑ Public Acquisition of Property 24 CFR 570.201 (a).
❑ Public Facilities (new construction or capital improvements) 24 CFR 570.201 (c) :
❑ Public Services 24 CFR 570.201 (e):
xF Economic Development 24 CFR 570.201(o)/24 CFR 570.203 :
❑ Housing rehabilitation and preservation 24 CFR 570.202 :
F1 Code Enforcement 24 CFR 570.202(c) :
❑ Planning 24 CFR 570.205:
2011 CDBG Application Page 3
❑ Other (describe) :
9. NATIONAL OBJECTIVE : How does your proposal meet the National Objective of benefiting low and moderate.
income persons? (See ELIGIBILITY attached) (SELECT ONLY ONE !)
1)❑ You receive household/family income and size data from each participant in the program (LMH) (LMC)
2)0 Your project serves a limited area that is proven by census tract or survey to be a low-income area (LMA) :
❑ Downtown Revitalization Zone ❑ Census Tract #
3)❑ Your project serves only the following clientele (check appropriate box) (LMC) :
❑ Elderly person' s ❑ Homeless persons
❑ Severely disabled adults ❑ Illiterate persons
❑ Abused children ❑ Persons living with AIDS
❑ Battered spouses ❑ Migrant farm workers
❑ At Risk Youth ❑ Other.
4)X❑ Your project will create or save jobs that employ low/moderate income employees (LMJ)
5)❑ Your project addresses a slum/blight condition (SBA/SBS)
LMA — Low=moderate income area (Census Tract or Survey Area)
LMC — Low-moderate income clientele
LMH — Low-moderate income household/family
LMJ — Low-moderate income job creation/retention
SBA/SBS — Slum & Blight Area/Spot (as designed by local government)
10. PUBLIC SERVICE AGENCIES
Is this the first year for the program? ❑Yes X❑No Year program began?
2003
If you receive funding for 2011 , how will your program be funded in 2011 ?
Same
NOTE : To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the
level of an existing service. If services are a continuation of existing services, this does not apply.
Explain how your application qualifies : X❑ Continuation of Services ❑ New Service ❑ Increase in Service
11 . WHAT AMOUNT OF BLOCK GRANT FUNDING HAS YOUR AGENCY OR DEPARTMENT RECEIVED IN
THE PAST THREE YEARS?
2010 2009 2008
Pasco $ 509000800 $ 651000.00 $ 507000.00
Richland $ $ $
Kennewick $ $ $
To what other agencies have you applied for funding and what commitments have you obtained for this proposal?
None at this time, but I'm researching other options
2011 CDBG Application Page 4
12. PROVIDE A MAP SHOWING THE .LOCATION OF THE PROJECT OR SERVICE AREA .
C%fin
2011 C.DBG Application Page 5
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13. PROJECT TIMELINE - Establish milestones or goals of accomplishments by calendar quarter from the start of the
project until completion .
Dates or Date Range Milestone/Goal include numerical performance progress if an
March 4 Full Time 6 Part Time
June 5 Full Time 8 Part Time
September 5 Full Time 8 Part Time
December 4 Full Time 6 Part time
14. BUDGET - Give a detailed breakdown of the total budget for this project including major expense line items (salaries,
rent/supplies, office equipment, capital expenses, new construction/vehicles etc.). Show how the CDBG funds will be
applied toward expenses and the amount and source of any other revenue you will be using. Total expenses should
equal the total of CDBG plus Other Revenue. Be prepared to explain the budget and provide a copy of full agency
budget upon request.
EXPENSES REVENUES
LINE ITEM $ TOTAL BUDGET $ CDBG FUNDS $ OTHER FUNDS SOURCE OF
OTHER FUNDS
PERSONNEL. Clients Pay for use
of the kitchen
Salaries 309000.00 301000.00 Contract with
Pasco High School
Benefits 4500.00 4500.00 Retail sales from
Shop
OPERATIONS.
Rent/Lease
Utilities 144)994. 87 1499994.87
Supplies 129533957 89500.00 490033.57
CONSTRUCTION.
Architectural
Engineering
Materials
Labor/Contracts 129000.00 129000.00
PROPERTY . Clients Pay for use
of the kitchen
Purchase price Contract with
Pasco High School
Closing cost Retail sales from
Shop
OTHER: (describe)Admin 103P000 10,000000 12,971 .56
Equipment, Mics 12971 . 56
TOTAL $97,000.00 $654)000.00 $32,000.00 $
Additional explanation of the above budget: Other Expense includes advertising (Pasco Chamber Ag Show and the Home
Show) these shows help bring the awareness of our facility to the public. The other expenses relate to memberships
Marketing and the operation of the kitchen.
2011 CDBG Application Page 6
If you do not receive the requested funds or receive only a portion of what you request, how will the goals of your project
be adjusted? What portion of your project will be abandoned, will fewer persons be served, etc. ? We have the source of
income from our Clients usage fee and also our Retail Shop. We also have a contract with the Pasco High School for
their Commercial Foods Academy they have a block of time they use though the school year for their marketing and
product creation class. We are always looking for additional sources of income.
15. PROJECT BENEFICIARIES - List the client data of persons whom you ESTIMATE you will serve with this project.
Is your count by: XOPerson, or by ❑Household (family)?
Number of clients below 30% median 15 38 Created and
RetainedClients
Number of clients below 50% median 9
Number of clients below 80% median 14
Number of elderly clients 8
Number of minority clients 14
Total Number of Pasco residents served 16 (Should = total # above)
What is the data source for the information provided above? 2009/tenant figures, Singed contracts, resent survey
conducted to update our LMI information for clients using the facility of the Pasco Specialty kitchen
2010 HUD income Limit Guidelines `for Kennewick - Pasco - Richland
1 Person 2 People 3 People 4 People 5 People 6 People 7 People 8 People
30% $ 133600 15,550 $ 17, 500 $ 193450 $213000 $22, 550 $24, 100 $25,650
50% $223700 $25 ,900 $29, 150 $32,400 $353000 $375600 $401200 $42, 750
80 % $369300 $414)500 $46,650 $519850 $564)000 $60, 150 $649300 1 $689450
Median $45,400 $51 ,800 $58,300 $645800 $70,000 t $75,200 $80,400 $855500
1. 6. ECONOMIC DEVELOPMENT PROJECTS ONLY - Show the number of new/permanent jobs to be created through
block grant funding and the number of jobs to be staffed by or made available to low-moderate income individuals
this program year.
Total to Date This Program Year
Number of new jobs expected to be Current Clients and retained 38 the 16 (FTE)
created/retained number is 54 if the Pasco High
Commercial Academy is added
Number of new jobs expected to be filled 100% to date added positions have We expect the same results our
or offered to low- or moderate4ncome been LMI Clients sign a commitment
persons (Must be at least 51 %) agreement to consider LMI first
Position Titles Expected to be Created Owner/Manager, Labors, Service,
this program year (Use EDA Office, Clerical
Classifications)
SUBMITTED BY :
Executive Director May 24, 2010
Signature of Authorized Official Title Date
2011 CDBG Application Page 7
AIR
Updated : 01 / 19/10 2010 Board of Directors
Martinson, Chris — Pasco School District # 1
Alberts, Rhonda — Realtor, Treasurer
Windemere Real Estate 1215 W. Lewis St. — Pasco , WA 99301
1424 N. Road 80 - Pasco , WA 99301 Phone % 509- 543 -6727 Fax : 509- 543 -6762
Cell : 509-366- 5506 Fax : 509-545 -6531 Cell : 509- 727-5936
E-mail : ralbertsassoc @gmail . com E-mail : cmartinson @psdl . org
Position # & Expiration: 01 on 12/31 / 11 Position # & Expiration: 08 — 12/31 / 10
Garcia, Gloria — Pasco Resident/Volunteer Dawn Dole- Moon Security
Vice President 515 W Clark St. - Pasco , WA 99301
2120 N . Rd . 34 - Pasco , WA 99301 Phone : (509) 5454881 Fax : (509) 545 4585
Phone : 509- 545 -9776 Fax : 509- 545 - 5313 Cell : (509) 302 -0768
Cell : 509-539 -3835 Cell : 509- 539-3210 E-mail : ddole (a,moonsecurity . com
E-mail : pdda00 ggmail . com Position # Expiration 01 - 12/31 / 10
E-mail : gcgarcia@charter.net
Position # & Expiration : 02 — 12/31 / 11 Lorena Aranda-Rodriguez- Sol Case Mgmt
117S . 3 rd on Pasco , WA 99301
Gisi, Dennis — Bank Reale Phone : (509) 542-8890 Fax : (866) 204- 7309
President Cell : (509) 539-9939
P . O . Box 906 Walla Walla, WA 99362 E-mail : larandagsolcasemanagement. com
Phone : 509-520-0505 Position # Expiration 01 - 12/31 / 12
E-mail : Dennis ( GISklnc . com
Position # Expiration: 04 — 12/31 / 10 Manuel Gutierrez- Bank of the West
115 W Clark St. - Pasco , WA 99301
Larios , Mauricio — Mi Hacienda Phone : (509) 416-5078 Fax : (509) 547- 7394
Secretary Cell : (509) 840-0525
404 W . Lewis St. — Pasco , WA 99301 E-mail : manuel . gutierrez @bankofthewest. com
Phone : 509- 545 -9287 Fax : 509- 545 - 9287 Position # Expiration 01 - 12/31 / 12
Cell : 509-727 -3081
E-mail : 1 1 1 l l @hotmail . com Juan Miguel Angulo- Mi Casa Furniture
Position # & Expiration : 05 — 12/31 / 11 104 S . 4th Ave . on Pasco, WA 99301
Phone : (509) 547 4646 Fax : (509) 547-3443
Cell : (509) 876- 1762
E-mail : micasaftu*niture @gmail .com
Position # Expiration 01 - 12/31 / 12
720 W Lewis St Ste 131 1 P . O . Box 842 Pasco, WA 99301 www.pascodowntown. org
Phone : (509) 545 -0738 1 Fax : (509) 545 -8801 1 E-mail : pdda00 @gmail . com
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EXHIBIT B
Final Proiect Summa►y
2011 Subrecipient Agreement B4
EXHIBIT B
FINAL WORK PROGRAM #C-2011306
2011 BLOCK GRANT
1 . PROJECT TITLE : Pasco Downtown Development Commercial Kitchen
2 . APPLICANT : Pasco Downtown Development Association
Dennis Gisi , President
3 . CONTACT PERSON : Victoria Silvernail
PHONE : ( 509) 545 - 1172 FAX :
4 , ACTIVITY ADDRESS : 110 South 4th Avenue (21 . 202)
5 . AMOUNT OF CDBG FUNDS REQUESTED : $ 65 , 000
AMOUNT OF CDBG FUNDS APPROVED : $ 50 , 000
6 . STATEMENT OF PROJECT/ACTIVITY NEED .
Priority economic development needs are identified in the 2010 -2014 Consolidated Plan,
annual action plans are prepared for implementation of annual goals to meet the needs
identified in the plan.
7 . PROPOSED PROJECTS/ACTIVITIES TO ADDRESS NEED (including main activities ,
staff, time -frames . . . )
CDBG funds are used to continue operations of Commercial Incubator Kitchen which will
support small businesses , the Farmers Market and provide jobs for low to moderate
income persons in Pasco (Census Tract 202
8 . PROJECT TIMELINE
START DATE : 1 / 1 /2011
COMPLETION DATE : 12/31 /2011
MAJOR MILESTONES OR ACCOMPLISHMENTS BY MONTH OR QUARTER
Date Milestone/Goal
1St Quarter
03 /31 /2011
2nd Quarter
06/30/2011
3 ra Quarter
09/30/2011
4t ' Quarter
12/31 /2011
9 , WHO IS EXPECTED TO BENEFIT FROM THE PROJECT/ACTIVITY?
LMJ — LOW-MODERATE INCOME JOB CREATION OR RETENTION — 24 CFR
570 . 208 (a) (4)
ESTIMATED # OF BENEFICIARIES : 3
( ❑ households or ❑ individuals)
Please respond to a . or b .
a . For limited clientele programs ; ❑ Yes ❑No
Estimated number of clients below 50% median income
Estimated number of clients below 80% median income
Estimated number of elderly clients
(Use # of clients or percent of total clients)
b . For activities with area-wide benefits , describe your service area (e . g . , one mile radius
around building or 1 st Avenue to 10th Avenue)
PROPOSED METHOD TO VERIFY BENEFICIARIES :
BLOCK GRANT COORDINATOR REVIEW (initials)
ELIGIBILITY CONFIRMED ? 24 CFR570 . 201 (o) (ii) ED Technical Assistance ( 18B )
NATIONAL OBJECTIVE MET? 24 CFR 570 . 208 (a) (4) LOW-MODERATE INCOME JOB
CREATION OR RETENTION
EXHIBIT B
FINAL WORK PROGRAM #C-2011306
2011 BLOCK GRANT
1 , PROJECT TITLE : Downtown Fagade Improvement ( 1 fagades)
2 . APPLICANT : Pasco Downtown Development Association
Dennis Gisi , President
3 . CONTACT PERSON : Gloria Garcia, Interim Executive Director
PHONE : ( 509) 545 - 0738 FAX :
40 ACTIVITY ADDRESS : Pasco Downtown (21 . 202)
50 AMOUNT OF CDBG FUNDS REQUESTED : $ 80 , 000
AMOUNT OF CDBG FUNDS APPROVED : $ 29) 000
AMOUNT OF CDBG FUNDS CARRIED OVER : $ 82 , 898
TOTAL FUNDING AVAILABLE IN 2011 $ 84 , 898
6 . STATEMENT OF PROJECT/ACTIVITY NEED :
Priority economic development needs are identified in the 2005 -2009 Consolidated Plan,
annual action plans are prepared for implementation of annual goals to meet the needs
identified in the plan .
7 . PROPOSED PROJECTS/ACTIVITIES TO ADDRESS NEED (including main activities ,
staff, time-frames . . . )
CDBG funds are used to support business to continue downtown facade improvements (3 )
(Census Tract 2021
8 . PROJECT TIMELINE
START DATE : 1 / 1 /2011
COMPLETION DATE : 12/31 /2011
MAJOR MILESTONES OR ACCOMPLISHMENTS BY MONTH OR QUARTER
Date Milestone/Goal
1St Quarter
03 /31 /2011
2nd Quarter
06/30/2011
3rd Quarter
09/30/2011
4t ' Quarter
12/31 /2011
90 WHO IS EXPECTED TO BENEFIT FROM THE PROJECT/ACTIVITY ?
LMA — LOW-MODERATE AREA BENEFIT — 24 CFR 570 . 208 (a) ( 1 )
ESTIMATED # OF BENEFICIARIES : 1
( ❑ households or ® individuals)
Please respond to a. or b .
a . For limited clientele programs ; ❑ Yes ❑No
Estimated number of clients below 50 % median income
Estimated number of clients below 80 % median income
Estimated number of elderly clients
(Use # of clients or percent of total clients)
b . For activities with area-wide benefits ; ® Yes ❑No
describe your service area (e . g . , one mile radius around building or 1st Avenue to 10th
Avenue)
Census Tract 202 .
PROPOSED METHOD TO VERIFY BENEFICIARIES :
BLOCK GRANT COORDINATOR REVIEW (initials)
ELIGIBILITY CONFIRMED ? 24 CFR 570 . 202 Rehab ; Publicly or Privately- Owned
Commercial/Industrial ( 14E)
NATIONAL OBJECTIVE MET ? 24 CFR 570 . 208 (a) ( 1 ) - LOW-MODERATE AREA
BENEFIT - LMA
EXHIBIT C
Report Forms
2011 Subrecipient Agreement G i
EXHIBIT C
CITY OF PASCO
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
QUARTERLY REPORT FORM
2011 Economic Development (Job Creation)
Quarter (Q#-YR) : Report Date .
Report Period : #14an-Mar. #2 -Apr.4une #34uly- Sept. #4 -00. -Dec.
Reports are due on the 15th the month following the end of the quarter : 4/15 , 7/15 , 10115 and 1115
Sub recipient :
Project :
Person Completing Project :
Job Title :
Contact Telephone Number
NOTE : Information must be prepared for "NEW" unduplicated person or households as compared
to what has been reported on the previous quarterly report.
ACCOMPLISHMENT DATA
1 . Complete for jobs created during reporting period
Job Creation .
A. Total No . of FTE jobs created
B . Total No . of low/mod FTE jobs created
C . Total Number of low/mod owners
Percent of Low/Mod Jobs created (B/A) %
Total Project Beneficiaries , count is by :
❑ Jobs (Available to or Held by Low-Mod Income Persons)
Pre- employment Income level (total should equal number of participants) :
0
below 50 % 51 to 80 % 81 % and above TOTAL # SERVED
Number of Persons by ETHNICITY (total should equal total number of Persons Served)
Number of Persons by RACE (total should equal total number of Persons Served
2 . Please fill in one ethnicity category for each person served .
ETHNICITY Hispanic or Latino
Not Hispanic or Latino
TOTAL ETHNICITY 0
3 . Please fill in one RACE category for each person served :
RACE American Indian/Alaskan Native
Black/African American
Native Hawaiian/Pacific Islander
Asian
White (includes Hispanic or Latino)
TOTAL RACE 0
NOTE : Total # Jobs/Owners must equal the count in the race and ethnicity categories above.
Total number of jobs from above race/ethnicity category that are business owners
Total number of jobs from above race category that are Female business Owners
SITE SPECIFIC DATA
List below your current (jobs) portfolio including the business name, type of business and
number/type of jobs projected , as well as , actual number of jobs created to date (See attached
Addendum 1 )
Business Name/DUNS # NAISC Code Projected Jobs (FTE) Actual Jobs (FTE)
49 During this Project Period Were CDBG Funds Expended ? ❑YES ❑ NO
Total Non- CDBG Project Funds Expended report Period $
Total CDBG Funds Expended During Report Period $
TOTAL funds expended during report period $
Describe Other Project Funds Expended During Report Period :
Source Amount
Signature of Authorized Official Type Name Date
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EXHIBIT D
Special Conditions
[This section of the Agreement includes special conditions specific to the particular
activity or individual Subrecipient.]
® ECONOMIC DEVELOPMENT
❑ HOUSING REHABILITATION
❑ P UBLIC FA CILITY IMPRO VEMENTS
❑ PRIORITY PUBLIC SER VICES
A. PROGRAM INCOME
Project income Owill ®will not be allowed for this project . If project
income is allowed, all income received from CDBG funded activities as return on
investment, shall be considered program income and subject to the requirement set forth
under CDBG regulations pertaining to revolving loan accounts .
The subrecipient ❑will ®will not be allowed to retain the program income.
Program income funds may only be used for those purposes described in the general
conditions, special conditions , and subrecipient ' s original application for CDBG funds .
All program income funds must be expended for eligible program expenses and must be
reported to the City prior to making the expenditure. Program income must also be
expended prior to additional CDBG funds being requested. Program income that is not
expended in a timely manner or that does not comply with CDBG regulations must be
returned to the City within thirty (3 0) days of written request from the City. Applicable
program income guidelines , reports and forms are included as Attachment A. 1 and are
incorporated and made a part of this document.
Be DAVIS-BACON WAGE RECORDS
Davis-Bacon and State Prevailing Wage Law ❑will will not apply for this
project . If Davis-Bacon Wage Standards apply, the following required reports and
recordkeeping must be undertaken prior to the final commitment of CDBG funds . These
applicable reports and forms are attached to this document as Attachments B . 1 , B .2 , B .3
and BA and are incorporated and made a part of this document.
1 . The Subrecipient will provide the City with a copy of any construction project bid
packet prior to the execution of any component along with copies of all contract
documents .
20 The City will provide the Subrecipient with applicable HUD documents and the
Davis Bacon wage rate decisions for the project to include in the bid packet and
contract documents .
3 . The Subrecipient will obtain and submit records acquired from construction
2011 Subrecipient Agreement D - l
contractors and subcontractors that document compliance with the Davis -Bacon
Act, as amended, the Copeland Act, the Contract Work Hours and Safety
Standards Act and Prevailing Wages Act .
46 The Subrecipient will conduct on-site interviews of employees of contractors and
subcontractors to determine compliance with applicable regulations relating to the
above acts .
5 . The City will monitor the Subrecipient ' s compliance with the on- site interview
process .
C . FINAL COMPLETION REPORT
Reporting for low-moderate income households, persons or jobs will ❑will
not be applicable for this project. The Subrecipient. will be required to provide a
completion report to the City, disclosing data and other information about the activities
carried out with grant funds during the program year. Copies of the appropriate forms,
including the Individual Client Data Form , the Client Data Quarterly Report Summary,
the Client Data Final Report Summary and HUD ' s Annual Income Limits are attached to
this document as Attachment C . 1 and are incorporated and made a part of this
document.
D -2
INDEX
ACCESS TO RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 INSURANCE AND BONDING 9
ACCOUNTING STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 LABOR STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ACQUISITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 LAND COVENANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 , 13 LEAD BASED PAINT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 29
ADMINISTRATIVE REQUIREMENTS . . . . . . . . . . . . . . . 11 LEVELS OF ACCOMPLISHMENT — GOALS AND
AGE DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PERFORMANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . 4
AIRAND WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 LOBBYING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 , 27
APPROVAL , I I I I I I & I 1 4 0 1 1 1 1 1 1 1 1 0 0 a 4 1 0 1 0 * 0 * 0 D 0 0 9 0 0 0 0 0 4 . . . . . . . . 0 0 9 . . . . 23 NATIONAL ENVIRONMENTAL POLICY ACT . 28
ARCHITECTURAL BARRIERS ACT . . . . . . . . . . . . . . . . . . 17 NATIONAL OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 11516
ASSIGNABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CITY RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 NOTIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 , 22
CIVIL RIGHTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 175 18 , 19 OMB STANDARDS , , , , , , , , , , , , , , , , , , , , . . . . 14
CLIENT DATA, 0 0 1 1 1 1 1 1 1 1 1 * 1 9 0 0 1 1 1 1 1 1 * 0 a 4 0 0 4 0 0 0 4 a a a t .6 off 12 , D-2 PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . 14
COMPENSATION" , , , , , , , " , , , , , , , , , , , , , , , , . . .
. PERIOD OF PERFORMANCE 7
CONFLICT OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PREVAILING WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-2
CONTRACT WORK HOURS AND SAFETY PROCUREMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 , 23
STANDARDS ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 , D-2 PROGRAM INCOME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . D- 1
COPELAND ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-2 PROGRESS REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
COPYRIGHT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . 27 PROHIBITED ACTIVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
COST PRINCIPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PROJECT CLOSE—OUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
DAVIS —BACON ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-2 PUBLIC RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
DEBARMENT , SUSPENSION, INELIGIBILITY REAL PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
AND VOLUNTARY EXCLUSION . . . . . . . . . . . . . . . . . . 24 RECORDS RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
DISCLOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 26 RECORDS TO BE MAINTAINED . . . . . . . . . . . . . . . . . . . . . . . . 11
DOCUMENTATION AND RECORDKEEPING . . 11 RELIGIOUS ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
DRAWDOWNS . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 RELOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
. . . . . . : . . . .
DRUG—FREE WORKPLACE ACT . . . . . . . . . . . . . . . . . . . . . . . . 27 REPORTING AND PAYMENT PROCEDURES . . 13
EMPLOYMENT RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . . 20 REQUESTS FOR REIMBURSEMENT . . . . . . . . . . . . . . . . . . . 6
ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . 30 SECTION 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 , 22 , 23 , 28
ENVIRONMENTAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . 28 SECTION 504 . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
EQUAL EMPLOYMENT OPPORTUNITY . . . . . . . . . . 19 SECTION 504 OF THE REHABILITATION ACT 17
EQUAL OPPORTUNITY IN HOUSING . . . . . . . . . . . . . . . 18 SECTION HEADINGS AND SUBHEADINGS . . . . 30
FAIRHOUSING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SELECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
FINANCIAL MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
FLOOD DISASTER PROTECTION ACT . . . . . . . . . . . . . 29 SPECIAL CONDITIONS 8
FLOWDOWN . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SUBCONTRACT FLOWDOWN CLAUSE . . . . . . . . . . , 23
GENERAL COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SUBCONTRACT PROVISIONS , , . . . . . 6 , , * , * . . . . . . . . . . . 11019
GENERAL TERMS AND CONDITIONS . . . . . . . . . . . . . . . 8 SUBCONTRACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
HATCH ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SUSPENSION AND DEBARMENT . . . . . . . . . . . . . . . . . . . . . 24
HISTORIC PRESERVATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 TRAVEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 USE AND REVERSION OF ASSETS . . . . . . . . . . . . . 13 , 15
HOUSING REPLACEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 60129
INCUR COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 WOMEN AND MINORITY OWNED
INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 BUSINESSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19