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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 . Pasco Downtown Development Coirmercial Kitchen 5 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 . Pasco Downtown Development Commercial Kitchen 6 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. Pasco Downtown Development Commercial Kitchen 7 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 Pasco Downtown Development Commercial Kitchen 8 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 , Pasco Downtown Development Commercial Kitchen 9 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 Pasco Downtown Development Commercial Kitchen 10 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 Pasco Downtown Development Commercial Kitchen 11 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 Pasco Downtown Development Commercial Kitchen 12 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 Pasco Downtown Development Commercial Kitchen 13 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 . Pasco Downtown Development Commercial Kitchen 14 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 Pasco Downtown Development Commercial Kitchen 15 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 Pasco Downtown Development Commercial Kitchen 16 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 Pasco Downtown Development Commercial Kitchen 17 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 kS in � yr yi Y;n i IV Ar•ei I Ilk U y, _ .,tz lk It Ilk pq IV �h T Y � • t ROM"', a f i ,gr..... n 4M yd P^ v k •i 'LN te r : t� z otk GG It k., u Y l e � . .. a�4 +2 kk IV ,V � t 1 IV m a 1 'A'r{14.�' T T V . I ( 1� 1► �rrGS .-# ;. t y � t VI S R Jv Lf t - d • 'f G V Y , 4{. V .. kll i. y 'It $ ; - 4 k Awl 4 Y w Y gfk 4 x'; Y� p a jy F i u � s- M w r i , lNr w U'Y' .. E1� � ' - EP l ?� - ,` p a r Ilk -1 ti��` '.`�.�� ti�` rM �.�": .�st�! 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 . 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N C" W 416 bk 0 -' � -' _► � � V WUtWCD - � ODOCDOV � WMn 4a ) VNW -� O tJNi W W O � 00WOWO � Cp V W 00 N O 0 0 0D CA 0 00 V4 0) co (7) co OD w (A) 0 O O -a -1 a V -+ C) o 0 00 0 0 0 0o0 0 00 00 000 0 00 0 0 0 \° \° \° \o \° \o \o \o 0 0 0 0 0 0 0 0 cD a O N � N � � 0 3 a� N H Z CD rt Z 3 O 0 ( O—q cD pup o cD � D. -�1 CD r*L Z N A O C O 0 n O O 01 0 cD � o � �? m a ml 0 M 13 N O O N MO O d O N yCD to O �K �D 7 N ID 1 O L ¢� P!k d � N r4L p o s y D 0° w e D O y V O Cn W N N O CD a O O CD O 4 O 4 w � n A CO tD 000 (r O O CCA) ? ++�C CL �■ to � TT Q rqL c CD 0 O a vi CO N CD o ID C D 0 0 0 0 , 0 O o0 00 °o � o C O ao 00 L" co v cn PO w a O o cn co o� 0 r« v, o cn 0 0, CL C O (D O O O tD c � o Al O CD Al 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 � a x U N 4m4 GO �+ o W N 00 °? 0 v� •� U N O rr o "t O 'os x � N Cd cd cn 0 � � � � o U Q � � •= °W � a 0 41 W w LON 4-j as a� i � a V H � o N c x U c cd O v� O N ti � $�'' O -� • � ti o W • � O d O COD I � ° ° � F- 0 0 0 o � x O H a � N +.' � ', O 0 pool 0 cn W � � w° a° w° a, w cd W O U E° � W Cf) Q O � ti W o � 00 Q U � N cz � L � H Cd U _ W Q " cl� U a MOM � h 0 O O O '� 0 0 0 0 Cd Q a 0 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