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HomeMy WebLinkAboutCatholic Family Wheelchair Ramps C-20140409 HUD IDIS 3325COMMUN=DEVELOPMENT DEPARTMENT 509-545-3441 /FAX 509-545-3499 P.V. J5VA 2Y3, T25 NVK'I'H THIRD AVENUE, PASCO, WASHINGTON 99301 December 9, 2015 John L Young Catholic Family & Child Services 5301-C Tieton Drive Yakima WA 98908 Subject: Transmittal of Fully Executed Contract C-2014-4-9 Wheelchair Ramps, IDIS/HUD 4325 Dear Mr. Young: Attached for your records is one (1) fully executed copy of the subject contract. Please contact Krystle Shanks at (509) 545-3441 or slianksk@pasco-wa.gov ov for an electronic copy of the Quarterly Report Forms. The quarterly reports for Q1 -Q3 2015 are due immediately for the period January through September 2015 and should include projected schedule for next quarter activities. (Please use the new 2015 forms included in this packet). Please do not hesitate to contact me at 543-5739 or pitmana.@pasco-wa.gov if you have any questions or comments regarding the contract. Sincerely, avf /.�Ott Angela R. Pitman, CDBG Administrator Community & Economic Development Cc: C-2014-4-9 Volunteer Chore Services Pasco Ramps (Original) Jackie Martinez, Catholic Family & Child Services (Copy) ARP/Ib Enclosures (1) N N i N CONTRACT FACE SHEET Subrecipient Contract Number Contract Amount Catholic Family & Child Services -Pasco C-2014-4-9 $ 3,129 5301-C Tieton Drive Yakima, WA 98908 IDIS #325 Subrecipient Representative Start Date End Date Mr. John L. Young, Executive Director January 1, 2014 December 31, 2016 Catholic Family & Child Services -Pasco (509) 966-9750 jyoung@cfcsyakima.org Federal Funding Authority U. S. Department of Housing and Urban Development (HUD) Federal Funds CFDA Number 14.214 Service Area County Page Number Elderly/Disabled Households Franklin County 1 Tax ID Number Number of Pages 91-6001264 Contract Purpose CDBG funds provide minor accessibility remodels, minor repairs and construction of wheelchair ramps for very low to low income households. This population includes elderly and disabled (City-wide). IN WITNESS WHEREOF, City of Pasco and Contractor acknowledge and accept the terms of this agreement and attachments hereto and have executed this agreement as of the date and year written below. The rights and obligations of both parties to this agreement are governed by: Contract Cover Page This Face Sheet Contract Document Attachment A: Statement of Work and Budget, Letter to Incur Costs Attachment B: State and Federal Requirements and Assurances Attachment C: Reports and Forms Attachment D: Special Terms and Conditions City Representative: City of Pasco �r /i3�¢sss 'Mck We, lXrector Date Community & Economic Development Subrecipient: Catholic Family & Child Services -Pasco / 7,!! I t�A! IS' John Voung, Exec flv D1'Didctor Date CITY OF PASCO 2014 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT C -2014-4-9 Table of Contents 1. SCOPE OF WORK..........................................................................................................................................3 A. Activities...................................................................................................................................................3 B. National Objectives..................................................................................................................................3 C Levels of Accomplishment — Goals and Performance Measures..............................................................3 D. Performance Monitoring..........................................................................................................................4 2. BUDGET...........................................................................................................................................................4 A. Drawdowns..............................................................................................................................................5 3. COMPENSATION...........................................................................................................................................5 A. Date to Incur Costs..................................................................................................................................5 B. ReguestsforReimbursement....................................................................................................................5 4. PERIOD OF PERFORMANCE......................................................................................................................5 5. NOTICES..........................................................................................................................................................6 6. SPECIAL CONDITIONS................................................................................................................................6 7. GENERAL TERMS AND CONDITIONS.....................................................................................................6 A. General Compliance................................................................................................................................6 B. Relationship.............................................................................................................................................6 C. Hold Harmless.........................................................................................................................................6 D. Workers' Compensation...........................................................................................................................7 E. Insurance and Bonding............................................................................................................................7 F. City Recognition.......................................................................................................................................7 G. Modifications and Amendments...............................................................................................................7 H. Suspension or Termination.......................................................................................................................7 8. ADMINISTRATIVE REQUIREMENTS.......................................................................................................8 A. Financial Management ............................................................................................................................8 B. Documentation and Recordkeeping.........................................................................................................9 C Reporting and Payment Procedures.......................................................................................................10 D. Procurement...........................................................................................................................................11 9. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT...........................................................................................................................................12 10. PERSONNEL AND PARTICIPANT CONDITIONS.................................................................................13 A. Civil Rights.............................................................................................................................................13 B. Affirmative Action ..................................................................................................................................14 CEmployment Restrictions........................................................................................................................15 D. Section 3 Clause.....................................................................................................................................15 E. Assignability...........................................................................................................................................17 F. Subcontracts...........................................................................................................................................17 G. Debarred or Ineligible Contractors.......................................................................................................18 H. Hatch Act................................................................................................................................................19 IConflict ofInterest..................................................................................................................................19 JLobbying.................................................................................................................................................19 KCopyright...............................................................................................................................................20 L. Religious Activities.................................................................................................................................20 Catholic Family Volunteer Chore Services MDrug -Free Workplace Act of 1988.........................................................................................................21 11. ENVIRONMENTAL CONDITIONS...........................................................................................................21 A. Air and Water.........................................................................................................................................21 A-1 B. Flood Disaster Protection......................................................................................................................21 C. Lead Based Paint...................................................................................................................................22 D. Historic Preservation....................................................................................................... 22 12. WAIVER.........................................................................................................................................................22 13. SEVERABILITY............................................................................................................................................22 14. SECTION HEADINGS AND SUBHEADINGS...........................................................................................22 15. ENTIRE AGREEMENT................................................................................................................................22 EXHIBITA GRANT APPLICATION.................................................................................................................... A-1 EXHIBITB FINAL PROJECT SUMMARY............................................................................................................B-1 EXHIBITCREPORTFORMS..............................................................................................................................0-1 EXHIBITD SPECIAL CONDITIONS................................................................................................................... D-1 A. PROGRAMINCOME.......................................................................................................................... D-1 B. DAVIS-BACON WAGE RECORDS.................................................................................................... D-1 Catholic Family Volunteer Chore Services CITY OF PASCO 2014 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT C -2014-4-9 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 2014, CFDA 14.218; and WHEREAS, the City wishes to engage Catholic Family & Child Services -Pasco, hereinafter referred to as Subrecipient, to assist the City in using such funds in the amount of $3,129 from the City of Pasco 2014 CDBG Allocation (B -2014 -MC -53-0009) for Catholic Family Volunteer Chore Services. 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). 2. Comply with all other applicable federal, state and local laws, regulations and policies governing the funds provided under this Agreement. 1. SCOPE OF WORK A. Activities The intent of this Agreement is as follows: CDBG funds provide minor ADA accessibility remodels minor repairs and construction of wheelchair ramps for very low to low income households This population includes elderly and disabled (City-wide). B. National Objectives This is an eligible CDBG activity based upon HUD Matrix Code 14A, Rehab; Single -Unit Residential, 24 CFR 570.202 and fulfills the National Objective of 24 CFR 570.208(a)(3). C. Levels of Accomplishment— Goals and Performance Measures 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. Activity Annual Units Performance Indicator Catholic Family Volunteer Chore Services 7 Elderly Households To complete this proposal, the Subrecipient will: 1. 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 Catholic Family Volunteer Chore Services 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. 2. 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. 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. 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-133 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. Catholic Family Volunteer Chore Services 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 THREE THOUSAND ONE HUNDRED TWENTY-NINE DOLLARS AND N0/100 ($3,129) to perform the Scope of Services described above and included in EXHIBIT A and EXHIBIT B. 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. B. 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 fust 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 85.20 OR 84.21. 4. PERIOD OF PERFORMANCE 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. The Agreement will be effective as of January 1, 2014, and the project work will be completed no later than December 31, 2016. 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. Catholic Family Volunteer Chore Services 5. 6. 7. 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. 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: C� City of Pasco -Community & Economic Development Department Rick White, Director 525 N Third Avenue Pasco, WA 99301 (509)545-3441 Phone (509)545-3499 Fax whiter@pasco-wa.gov SPECIAL CONDITIONS Subrecipient Catholic Family & Child Services -Pasco John L. Young, Executive Director 5301-C Tieton Drive Yakima, WA 98908 (509)966-9750 Phone 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. 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. B. 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 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. C. 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 Catholic Family Volunteer Chore Services 6 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 85.36(h) OR 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. 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: I. 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. Catholic Family Volunteer Chore Services 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 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 Accountine Standards The Subrecipient agrees to comply with 24 CFR 85.20 OR 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 OR 84.21, which describes 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, "Cast Principles for State and Local Governments, " or the OMB Circular A-122, "Cost Catholic Family Volunteer Chore Services 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. B. 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 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 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 - Catholic Family Volunteer Chore services 9 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." Proiect 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: malting 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 3.ii, 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(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply 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 Catholic Fandly Volunteer Chore Services 10 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. D. 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 84.40-48. 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. Catholic Family Volunteer Chore Services 11 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 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. ii. 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 project. The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition 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. Catholic Family Volunteer Chore Services 12 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 in 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 cavy 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. Catholic Family Volunteer Chore Services 13 The ADA also requires the removal of architectural and communication barriers that are structural in nature in existing facilities. Fair Housine 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 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. Catholic Family Volunteer Chore Services 14 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, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Equal Employment Opportunity and Affirmative Action (EEO/AAl 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 Activi 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 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 Catholic Family Volunteer Clore Services 15 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. 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 (i) 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. Catholic Family Volunteer Chore Services 16 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 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. Catholic Family Volunteer Chme Services 17 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 System for Award Management (SAM); 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 System for Award Management (SAM) to ensure compliance with 24 CFR Part 24, 'Debarment and Suspension." 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, Inelipibilitr, Voluntary Exclusion Contract Provision: Debarment Certifcadon. 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 Contractorfor this Contract shall be incorporated into this Contract by reference. Catholic Family volunteer Chore Services 18 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 85(b)(3) or 84.42 and 570.611, 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. 2. 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. 3. 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 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. J. 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. Catholic Family Volunteer Chore Services 19 K. L. 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 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. Lobbvina 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. 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. 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. 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. Catholic Family Volunteer Chore Services 20 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. 11. 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. 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). Catholic Family volunteer Clore services 21 C. 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. 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. 13. 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. Catholic Family Volunteer Chore Services 22 EXHIBIT A Statement of Work and Budget Grant Application Letter to Incur Costs A-1 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT DATA SHEET Non -Profit Agency: Contract Number: Contract Signed: LINE NATIONAL Contract Start: 1/1/2014 Catholic Family & Child Services- C-2014-4-9 Contract End: 12/31/2016 Pasco ITEM Amendment: Mr. John L. Young, Executive Director AMOUNT NUMBER Catholic Charities, dba Catholic Family Child Ser 5301-C Tieton Drive 325 3 Yakima, WA 98908 LMH Rehab; Single -Unit BRIEF PROJECT SUMMARY CDBG funds provide minor ADA accessibility remodels, minor repairs and construction of wheelchair ramps for very low to low income households. This population includes elderly and disabled (City-wide). CONTRACT LINE ITEM DETAIL HUD IDIS HUD IDIS EST LINE NATIONAL ACTIVITY TITLE DOLLAR PROJECT ACTIVITY UNITS ITEM OBJECTIVE Email ................ AMOUNT NUMBER NUMBER 2014-4 325 3 14A LMH Rehab; Single -Unit $3,129.00 Residential Total Contract Amount $3,129.00 PERFORMANCE INDICATOR: LOCATION/SERVICE AREA: Household Housing Unit Elderly/Disabled Households CDBG CONTACT Listed below is your CDBG Block Grant Administrator with phone number and email address. Please contact your grant administrator directly for technical assistance. Angie Pitman, (509) 543-5739, pitmana@pasco-wa.gov PROJECT CONTACT This is the contact person identified for Contract/Project Administration. All information requests relating to your contract/project will be sent to this person. If this person has changed or changes during the course of your contract please inform Angie Pitman at (509) 543-5739 or by email at: pitmana(a),pasco-wa. gov or note changes on this sheet and mail a copy so we can keep our database updated. Current Database First ................... Information Jackie Last ..................Martinez Address ............2139 VanGiesen City ...................Richland State .................WA Postal ...............99354 Email ................ martinez@ccyakima.org Phone ..............(509)946-4645 CrYY OF PASCO 2014 APPLICATION FOR CITY OF PASCO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND AGENCY: Catholic Family & Child Service PROJECT TITLE: Volunteer Chore ADDRESS: 2110 West Henry Pasco, WA 99301 PROPOSED PROJECT LOCATION: City of Pasco, WA AUTHORIZED OFFICIAL Darlene Darnell rnf2ltAUfJITY 8 EC01'01'" 1)= E-MAIL: ddamell@ccyakima.org PHONE: 509-965-7100 FAX: 509-966-9750 AMOUNT OF CDBG FUNDS REQUESTED: $ AMOUNT OF NON-CDBG MATCH:$ 1. DESCRIBE THE PROBLEM OR NEED (AS RELATED TO THE STRATEGIC ACTION PLAN ATTACHED): As people age they often experience obstacles that make it more difficult for them to continue living independently. Adults with disabilities, including those often associated with aging, may encounter a barrier to accessibility to their own homes. Limited mobility and the subsequent use of a walker or wheelchair can make safe and easy ingress and egress from the home an overwhelming challenge to their continued independence. Rising home repair costs, the inability to physically be able to make needed repairs themselves, and a lack of familiarity with local resources and building codes make it difficult for elders and adults with disabilities with a low to moderate income to maintain and modify their living areas to meet their special needs. The primary goal of Volunteer Chore Services is to help individuals with limited monetary resources and who often have a limited support system to continue living independently and safely and to prevent premature placement in congregate living facilities. The construction of a wheelchair ramp or the installation of grab bars are frequent requests made to VCS. 2. EXPLANATION OF PROPOSAL - Give a complete detailed description of your proposal including a description of the clientele you will be serving: Volunteer Chore Services serves low-income elders over 60 and adults with disabilities in the City of Pasco. These individuals, with an income of no more than $1000 per month or $1500 per month for a couple, are in danger of being displaced or losing their independence due to obstacles that can be cost-effectively overcome. Volunteer Chore Services recruits community volunteers to serve eligible clients, and they are dispatched to clients' homes throughout the City of Pasco. Services to be provided with this grant will include projects that reduce physical barriers and enhance the safety of physically impaired individuals, such as the installation of hand rails or grab bars, construction of wheelchair ramps or special -sized steps to accommodate a walker, and other appropriate minor home repairs or modifications at the clients' homes. Volunteers are screened and receive appropriate training, including building code requirements, prior to beginning their volunteer service. All clients served with CDBG funds will meet the eligibility requirements of Volunteer Chore Services and CDBG. 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 Tri -Cities 5 -Year Consolidated Plan that the proposal addresses and explain how your proposal meets that need. (See STRATEGIC ACTION PLAN GOALS attached) Goal II: Improve Community Infrastructure; Strategy 1: Expand or improve basic community infrastructure in lower-income neighborhoods: Obiective I.l: Provide assistance to lower-income households (reducing Dhvsical barriers in clients' homes) Volunteer Chore Services will improve the infrastructure and safety of individual homes so that accessibility is improved for low to moderate income Dhvsically impaired adults. 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 II in Allocation Policy): 2014 CDBG Application Page 1 Priority: tKA ❑B ❑C ❑D and explain how your proposal satisfies that priority: This is a High Priority project as all services rendered under this grant (construction of wheelchair ramps or larger steps for walkers, installation of grab bars and railings, or other minor home modifications) will help reduce barriers for physically impaired individuals. 5. GENERAL SCHEDULE FOR PROJECT COMPLETION: December 31, 2014 6. SPECIFY EXACTLY WHAT CDBG FUNDS WOULD BE USED FOR: Materials for the construction of wheelchair ramps, "super steps", handrails, Prab bars, or other appropriate minor home modifications: volunteer mileage reimbursement for approved projects: required building permits 7. DOES YOUR PROJECT CREATE INDIVIDUAL/BUSINESS DISPLACEMENT OR RELOCATION? ❑ YES 9 NO 8. ELIBIBILITY: How does your proposal meet Eligibility criteria of 24 CFR 570 below? (SELECT ONLY ONE) ❑ Public Accuisition 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): ❑ Economic Development 24 CFR 570.201(o)/24 CFR 570.203: ® Housing rehabilitation and preservation 24 CFR 570.202: ❑ Code Enforcement 24 CFR 570.202(c): ❑ Planning 24 CFR 570.205: ❑ Other (describe): 9. NATIONAL OBJECTIVE: How does your proposal meet the National Objective of benefiting low and moderate -income persons below? (SELECT ONLY ONE) 1)❑ 2)❑ _4 4)❑ 5)❑ You receive household/family income and size data from each participant in the program (LMH) (LMC) 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 # Your project serves ONLY the following clientele (check appropriate box) (LMC): ® Elderly person's ❑ Homeless persons Severely disabled adults ❑ Abused children ❑ Battered spouses ❑ At Risk Youth ❑ Illiterate persons ❑ Persons living with AIDS ❑ Migrant farm workers ❑ Other: Your project will create or save jobs for low/moderate income employees (LMJ) 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. LENGTH OF SERVICE Is this the first year for the program? ❑Yes ®No Year program began? 1999 or 2000 If you receive funding for 2013, how will your program be funded in 2014? VCS State contract, community donations 2014 CDBG Application Page 2 11. PUBLIC SERVICE AGENCIES To be eligible for CDBG assistance, a public service must be continuation of a service that is currently CDBG-funded, a new service, or a quantifiable increase in the level of an existing service that is not currently CDBG-funded. Explain how your application qualifies: Continuation of Services ❑ New Service ❑ Increase in Service 12. WHAT AMOUNT OF BLOCK GRANT FUNDING FROM ALL SOURCES HAS YOUR AGENCY OR DEPARTMENT RECEIVED IN THE PAST THREE YEARS? 2014 CDBG Application 2011 6000 0 6000 [I] Page 3 2013 2012 Pasco $ 3986 $ 4000 $ Richland $ 0 $ 0 $ Kennewick $ 0 $ 0 $ Other Federal Source(s) $ 0 $ 0 $ To what other agencies have you applied for funding and what commitments have you obtained for this proposal? 2014 CDBG Application 2011 6000 0 6000 [I] Page 3 13. PROVIDE A MAP SHOWING THE LOCATION OF THE PROJECT OR SERVICE AREA: City of Pasco, WA 2014 CDBG Application Page 4 14. 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 2 Id Quarter: A ril I —June 30, 2014 1 project — to reduce physical barriers and enhance the safety of physically impaired individuals, as outlined in #2 above 3` Quarter: Jul 1—Se tember 30, 2014 3 projects — to reduce physical barriers and enhance the safety of physically impaired individuals, as outlined in #2 above 4 Quarter: October I — Dec 31, 2014 3 projects — to reduce physical barriers and enhance the safety of physically impaired individuals, as outlined in 92 above OTHERFUNDS PERSONNEL: Salaries 15. 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 OTHERFUNDS PERSONNEL: Salaries 29,093 Benefits 10,434 OPERATIONS: Rent/Lease 1500 Utilities 1150 Supplies 148 CONSTRUCTION: Architectural Engineering Materials Labor/Contracts PROPERTY: Purchase price Closing cost OTHER: (describe) Volunteer expenses, agency 27,175 admin, professional fees, travel, client assistance TOTAL $69,500 $ $ $ Additional explanation of the above budget: 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.? The number of clients served may be reduced if no other funding for materials is available 2014 CDBG Application Page 5 16. PROJECT BENEFICIARIES - List the client data of persons whom you ESTIMATE you will serve with this project. Is your count by: ®Person, or by ❑Household (family)? Number of clients below 30% median Number of clients below 50% median Number of clients below 80% median Number of elderly clients Number of minority clients Total Number of Pasco residents served What is the data source for the information provided above? (Should = total # above) For Information Only, 2014 Income Limits will apply. 17. 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 Number of new jobs expected to be created/retained Number of new jobs expected to be filled or offered to low- or moderate -income persons (Must be at least 51%) Position Titles Expected to be Created this program year (Use EDA Classifications) 18. CONTACT INFORMATION This Program Year Authorized Official Contract Administrator Project Manager Name/Title Darlene Darnell, Vice President Catholic Charities Dorothy Morales, Regional Director Lauren Mathis. Coordinator Mailing Address 5301 Tieton Drive, Ste C 2013 14UD income Limit Guidelines for Kennewick - Pasco -Richland City/State 1 Person 2 People 3 People 4 People 5 People 6 People 7 People 8 People 30% $14,250 $16,300 $18,350 $20,350 $22,000 $23,650 $25,250 $26,900 50% $23,750 $27,150 $30,550 $33,900 $36,650 $39,350 $42,050 $44,750 80% $38,000 $43,400 $48,850 $54,250 $58,600 $62,950 $67,300 $71,650 Median $47,500 $54,300 $61,100 $67,800 $73,300 $78,700 $84,100 $89,500 For Information Only, 2014 Income Limits will apply. 17. 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 Number of new jobs expected to be created/retained Number of new jobs expected to be filled or offered to low- or moderate -income persons (Must be at least 51%) Position Titles Expected to be Created this program year (Use EDA Classifications) 18. CONTACT INFORMATION This Program Year Authorized Official Contract Administrator Project Manager Name/Title Darlene Darnell, Vice President Catholic Charities Dorothy Morales, Regional Director Lauren Mathis. Coordinator Mailing Address 5301 Tieton Drive, Ste C 5301 Tieton Drive, Ste C 2110 West Henry City/State Yakima, WA Yakima, WA Pasco WA Phone/Fax (509)965-7100 /(509)966-9750 (509)965-7100/(509)972-0167 (509)545-6145/(509)542-0219 Email ddamell@ccvakima.org dmorales@ccyakima.org lmathis@ccyakima ore SUBMITTED BY: Ma12 8.2013 Date 2014 CDBG Application Page 6 COMMUNITT DEVELOPMENT DEPARTMENT 509-545-3441 /FAX 509-545-3499 P.O. BOX 293,525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301 August 4, 2014 Mr. John L. Young, Executive Director Catholic Family & Child Services -Pasco 5301-C Tieton Drive Pasco, WA 99301 Subject: C-2014-4-9 CDBG Subrecipient Agreement for Catholic Family Volunteer Chore Services (IDIS #325 Dear Mr. Young: I am pleased to inform you that the subject activity has been selected by the Pasco City Council (Resolution 3502) to receive up to $ 3,129 in 2014 Community Development Block Grant (CDBG) funds. This award is contingent upon receipt of Community Development Block Grant entitlement award from the U. S. Department of Housing and Urban Development (HUD); and, is based on your 2014 CDBG Grant application. Any departure from the information in the application, such as changes to the scope of work, budget or schedule may lead to the rescission of the award. Please notify this department immediately in writing of potential changes of this nature. This letter allows your organization to incur costs in an amount not to exceed ten percent of your award for the following activities not requiring an environmental review, which may be needed to begin your project: • Preliminary environmental studies and review of 24 CFR 58.5 laws and authorities including Section 106 of the National Historic Preservation Act of 1996; • Preliminary engineering feasibility studies to the extent needed for the environmental assessment; • Project related administration costs including staffing, advertisements and other administrative and planning expenses; When work is started on the basis of this letter, AO 562, CDBG procurement procedures, terms, and requirements must be met for development of contracts and agreements for any of the above activities. Project costs (construction or other) cannot be incurred for activities requiring an environmental review, nor can HUD or non -HUD funds be committed (Refer to 24 CFR 58.22), until specific procedures required by the State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA) have been completed and the time period for public review, if applicable, has expired. Eligible costs will only be reimbursed after a subrecipient agreement has been formally executed with you and an environmental review is complete. All costs to be reimbursed must be You may contact me directly at (509) 543-5739 or via email at pitmana(cr7jpasco-wa.gov or by contacting Krystle Shanks at (509)545-3441 or via email at shanksk@pasco-wa.gov to schedule an appointment for contract preparation and signing. We look forward to working with you on this project. Sincerely, 0�w10*0V" Angela R. Pitman, CDBG Administrator Community & Economic Development Enclosures: Subrecipient Agreement Allowable and Unallowable Costs Under OMB A-87 and A-122 Summary of OMB Circular A-122, Cost Principles for Non -Profits EXHIBIT B State and Federal Requirements and Assurances and General Terms & Conditions RN Attachment B STATE AND FEDERAL REQUIREMENTS AND ASSURANCES In addition to laws listed in the general terms and conditions of this Agreement, the Grantee assures compliance with the following regulations as they pertain to the local project. Contact the City if you want assistance in obtaining a copy of these regulations. A. HOUSING AND COMMUNITY DEVELOPMENT 1. Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988 (P.L. 100-430) 2. Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107) 3. The Housing and Community Development Act of 1974, as amended through 1992: Sections 109; 104 (b) 4; 104 (d); and 104 (1), which prohibit discrimination and require identification of housing and community development needs; a 'residential anti - displacement and relocation assistance plan"; and adoption and enforcement of policies prohibiting the use of excessive force. 4. Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) as amended in 1989) 5. Title IV of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 b) 6. Public Law 110-289, section 3, "Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes" (also referred to as the Neighborhood Stabilization Program), of the Housing and Economic Recovery Act, 2008 (Docket No. FR -5255-1- 01) 7. The American Recovery and Reinvestment Act of 2009 B. LABOR 1. Davis -Bacon Act, as amended (40 U.S.C. 3141 et seq.) 2. Prohibition of Use of CDBG for Job -Pirating Activities, 24 CFR Part 570.482(f), revised June 2006 C. ENVIRONMENTAL AND CULTURAL 1. The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. Section 4321 et seq., and 24 CFR Part 51) 2. The Clean Air Act, as amended (42 U.S.C. 7401 et seq.) 3. HUD Environmental Criteria and Standards (24 CFR Part 58) 4. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990: Protection of Wetlands (42 FR 26961 et seq.) 5. The Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.) 6. Executive Order 11988, May 24, 1977: Floodplain Management and Wetland Protection (42 FR 26951 et seq.) 7. Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.) 8. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) 9. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.) 10. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f et seq., 21 U.S.C. 349, as amended, and 40 CFR Part 149 (Environmental Protection Agency)); 11. The Federal Water Pollution Control Act of 1972, as amended, including the Clean Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251 et seq.) 12. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) 13. The Fish and Wildlife Coordination Act of 1958, as amended (16 U.S.C. Section 661 et seq.) 14. The National Historic Preservation Act of 1966 (16 U.S.C. 470) 15. The Archaeological and Historical Data Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) 16. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 17. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq. and 7 CFR Part 658) 18. Environmental Justice (Executive Order 12898), as amended by Executive Order 12948 19. Explosive and Flammable Operations (Section 2 of the Housing Act of 1949, as amended (42 U.S.C. 1441), Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C. 3535(d)), Section 2 of the Housing and Urban Development Act of 1969 (42 U.S.C. 1441(a)), and 24 CFR Part 51 Subpart C) 20. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949 as amended (42 U.S.C. 1441), affirmed by Section 2 of the Housing and Urban Development Act of 1969, P.L. No 90-448, Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C. 3535(d)), and 24 CFR Part 51 Subpart D) 21. Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by Superfund Amendments and Reauthorization Act and 24 CFR 58.5(1)) 22. Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency — 40 CFR Parts 6, 51, and 93) STATE 1. Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW 2. Prevailing Wages on Public Works, Chapter 39.12 RCW 3. State Environmental Policy Act (SEPA), Chapter 43.21 C RCW 4. State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter 19.27A RCW; and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW 5. Interlocal Cooperation Act, Chapter 39.34 RCW 6. State Environmental Policy Act (SEPA), Chapter 43.21(C) RCW 7. Noise Control, Chapter 70.107 RCW 8. Shoreline Management Act of 1971, Chapter 90.58 RCW 9. Governor's Executive Order 89-10, December 11, 1989: Protection of Wetlands, and Governor's Executive Order 90-04, April 21, 1990: Protection of Wetlands GENERAL TERMS AND CONDITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "Subrecipient" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Subrecipient. C. "City" shall mean the City of Pasco, Community & Economic Development Department or its successor agency. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Subrecipient, who is performing all or part of those services under a separate contract with the Subrecipient. The terms ..subcontractor' and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN 3. 4. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient without prior written consent of City. 5. ATTORNEYS'FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 6. AUDIT A. General Requirements Subrecipients are to procure audit services based on the following guidelines. The Subrecipient shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Contractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its Contractors. City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS As applicable, Subrecipients required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GARS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to City requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. Federal Funds Requirements - OMB Circular A-133 Audits of States. Local Governments and Non -Profit Organizations Subrecipients expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." Revised OMB A-133 requires the Subrecipient to provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited. The Schedule of State Financial Assistance must be included. Both schedules include: Grantor agency name Federal agency Federal program name Other identifying agreement numbers Catalog of Federal Domestic Assistance (CFDA) number Grantor agreement number Total award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Subrecipient is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Subrecipient in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations." The Subrecipient shall include the above audit requirements in any subcontracts. In any case, the Subrecipient's financial records must be available for review by City. C. Documentation Requirements The Subrecipient must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to: City of Pasco Community & Economic Development Department 525 N Third Avenue Pasco, WA 99301 • Corrective action plan for audit findings within three (3) months of the audit being received by City. • Copy of the Management Letter Subrecipient Agreement for Federal Funds 7. GENERAL TERMS AND CONDITIONS A. Subrecipient, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this section; and 4. Have not within a three-year period preceding the signing of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Subrecipient is unable to certify to any of the statements in this Agreement, the Subrecipient shall attach an explanation to this Agreement. C. The Subrecipient agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by City. D. The Subrecipient further agrees by signing this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," as is below, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement, such contractor shall attach an explanation to this Agreement. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact City for assistance in obtaining a copy of these regulations. 8. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Subrecipient by City that is designated as "confidential' by City; 2. All material produced by the Subrecipient that is designated as "confidential' by City; and Subrecipient Agreement for Federal Funds 9. GENERAL TERMS AND CONDITIONS 3. All Personal Information in the possession of the Subrecipient that may not be disclosed under state or federal law. "Personal Information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Subrecipient shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Subrecipient shall use Confidential Information solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of City or as may be required by law. The Subrecipient shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Subrecipient shall provide City with its policies and procedures on confidentiality. City may require changes to such policies and procedures as they apply to this Agreement whenever City reasonably determines that changes are necessary to prevent unauthorized disclosures. The Subrecipient shall make the changes within the time period specified by City. Upon request, the Subrecipient shall immediately return to City any Confidential Information that City reasonably determines has not been adequately protected by the Subrecipient against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Subrecipient shall notify City within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 10. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by City. City shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Subrecipient hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to City effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not produced under the Agreement, the Subrecipient hereby grants to City a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Subrecipient warrants and represents that the Subrecipient has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to City. The Subrecipient shall exert all reasonable effort to advise City, at the time of delivery of Materials furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Subrecipient shall provide City with prompt written notice of each notice or claim of infringement received by the Subrecipient with respect to any Materials delivered under this Agreement. City shall have the right to modify or remove any restrictive markings placed upon the Materials by the Subrecipient. Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS 11. DISALLOWED COSTS The Subrecipient is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Contractors. 12. DISPUTES Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of City, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Subrecipient's name, address, and Agreement number; and • be mailed to the Director and the other party's (respondent's) Agreement Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT The Subrecipient certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 14. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Subrecipient shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW ) and any other applicable state or federal law related to ethics or conflicts of interest. 15. GOVERNING LAW AND VENUE 16. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Franklin County. To the fullest extent permitted by law, the Subrecipient shall indemnify, defend, and hold harmless the state of Washington, City, all other agencies of the State and all officers, agents and employees of the State, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Agreement. The Subrecipient's obligation to indemnify, defend, and hold harmless includes any claim by the Subrecipient's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS The Subrecipient's obligation to indemnify, defend, and hold harmless shall not be eliminated or reduced by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Subrecipient, City, the state of Washington, its officers, employees and authorized agents. The Subrecipient waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the State and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Subrecipient and its employees or agents performing under this Contract are not employees or agents of the state of Washington or City. The Subrecipient will not hold itself out as or claim to be an officer or employee of City or of the state of Washington by reason hereof, nor will the Subrecipient make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Subrecipient. 18. INDUSTRIAL INSURANCE COVERAGE The Subrecipient shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Subrecipient fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, City may collect from the Subrecipient the full amount payable to the Industrial Insurance Accident Fund. City may deduct the amount owed by the Subrecipient to the accident fund from the amount payable to the Subrecipient by City under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Subrecipient. 19. LAWS The Subrecipient shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws. Reaulations and Circulars (Federal) A. Audits Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." B. Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Drug -Free Workplace Act of 1988, 41 USC 701 at seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336 Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS Handicapped Employees of Government Subrecipients, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1. Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR 570.607(b)). D. Office of Management and Budget Circulars Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations, OMB Circular A-122 (if the Subrecipient is a nonprofit organization). Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102 (if the Subrecipient is a local government or federally recognized Indian tribal government). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. E. Other Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54 Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501-8. Internal Revenue Service Rules, August 31, 1990. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 provides that contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non -Supplanting Federal Funds. Section 8 Housing Assistance Payments Program F. Privacy Privacy Act of 1974, 5 U.S.C. 552a Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264. C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW. D. Discrimination -human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCW. I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 20. LICENSING, ACCREDITATION AND REGISTRATION The Subrecipient shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 21. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Subrecipient shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Subrecipient's non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Subrecipient may be declared ineligible for further Agreements with City. The Subrecipient shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 23. POLITICAL ACTIVITIES Political activity of Subrecipient employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this agreement, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Subrecipient shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for City's review upon request; or The Davis Bacon Act, 40 U.S.C. 276a -276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Subrecipient which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Agreement. A Subrecipient which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Agreement. The Subrecipient's procurement system should include at least the following: 1. A written code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority-owned businesses. d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Subrecipient, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. f. Some form of price or cost analysis should be performed in connection with every procurement action. g. Procurement records and files for purchases shall include all of the following: 1) Subrecipient selection or rejection. 2) The basis for the cost or price. 3) Justification for lack of competitive bids if offers are not obtained. h. A system for Agreement administration to ensure Subrecipient conformance with terms, conditions and specifications of this Agreement, and to ensure adequate and timely follow-up of all purchases. 4. Subrecipient and Subcontractor must receive prior approval from City for using funds from this Agreement to enter into a sole source Agreement or an Agreement where only one bid or proposal is received when value of this Agreement is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 27. PUBLICITY 28. The Subrecipient agrees not to publish or use any advertising or publicity materials in which the state of Washington or City's name is mentioned, or language used from which the connection with the state of Washington's or City's name may reasonably be inferred or implied, without the prior written consent of City. In the event that the Subrecipient fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of this Agreement, City reserves the right to recapture funds in an amount to compensate City for the noncompliance in addition to any other remedies available at law or in equity. 29. RECORDS MAINTENANCE The Subrecipient shall maintain all books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Subrecipient shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 30. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Subrecipient shall complete registration with the Washington State Department of Revenue. 31. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, City may terminate the Agreement under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Agreement may be amended to reflect the new funding limitations and conditions. 32. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 33. SUBCONTRACTING The Subrecipient may only subcontract work contemplated under this Contract if it obtains the prior written approval of City. If City approves subcontracting, the Subrecipient shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, City in writing may: (a) require the Subrecipient to amend its subcontracting procedures as they relate Subrecipient Agreement for Federal Funds 10 GENERAL TERMS AND CONDITIONS to this Contract; (b) prohibit the Subrecipient from subcontracting with a particular person or entity; or (c) require the Subrecipient to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Subrecipient is responsible to City if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Subrecipient shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Subrecipient to City for any breach in the performance of the Subrecipient's duties. Every subcontract shall include a term that City and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 34. SURVIVAL The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Subrecipient's income or gross receipts, any other taxes, insurance or expenses for the Subrecipient or its staff shall be the sole responsibility of the Subrecipient. 36. TERMINATION FOR CAUSE / SUSPENSION In event City determines that the Subrecipient failed to comply with any term or condition of this Agreement, City may terminate the Agreement in whole or in part upon written notice to the Subrecipient. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, City upon written notice may allow the Subrecipient a specific period of time in which to correct the non-compliance. During the corrective -action time period, City may suspend further payment to the Subrecipient in whole or in part, or may restrict the Subrecipient's right to perform duties under this Agreement. Failure by the Subrecipient to take timely corrective action shall allow City to terminate the Agreement upon written notice to the Subrecipient. "Termination for Cause" shall be deemed a "Termination for Convenience" when City determines that the Subrecipient did not fail to comply with the terms of the Agreement or when City determines the failure was not caused by the Subrecipient's actions or negligence. If the Agreement is terminated for cause, the Subrecipient shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement (i.e., competitive bidding, mailing, advertising, and staff time). 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, City may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, City shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 38. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by City, the Subrecipient shall: A. Stop work under the Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Agreement; Subrecipient Agreement for Federal Funds 11 GENERAL TERMS AND CONDITIONS C. Assign to City all of the rights, title, and interest of the Subrecipient under the orders and subcontracts so terminated, in which case City has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Subrecipient to settle such claims must have the prior written approval of City, and D. Preserve and transfer any materials, Agreement deliverables and/or City property in the Subrecipient's possession as directed by City. Upon termination of the Agreement, City shall pay the Subrecipient for any service provided by the Subrecipient under the Agreement prior to the date of termination. City may withhold any amount due as City reasonably determines is necessary to protect City against potential loss or liability resulting from the termination. City shall pay any withheld amount to the Subrecipient if City later determines that loss or liability will not occur. The rights and remedies of City under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by Authorized Representative of City. Subrecipient Agreement for Federal Funds 12 EXHIBIT C Reports and Forms C-1 FFATA REPORTING CHECKLIST (FOR CONTRACTS $25,000 AND OVER) To Be Filled Out By Subrecipient/Contractor Contract Number Congressional district Subrecipient/Contractor. Amount of award/contract Address including Zip Code. Award title descriptive of the funding action Date: Signature: 1) I have been awarded a contract or agreement from CDBG/HOME/NSP funds of $25,000 and over, LJ. Yes LJ No 2) I had a gross income, from all sources, over $300,000 in the previous tax year. ❑ Yes ❑ No If you answered "NO" to question 1 AND 2, STOP, you do not meet reporting threshold requirements, return form to City. If you answered "YES" to question 1, COMPLETE THE FOLLOWING AND RETURN WITHIN 5 DAYS. Project Location Address including Zip Code: 1. Congressional district WA04 993015320 Amount of award/contract $ Award title descriptive of the funding action ' REQUIRED: DUNS number 5. REQUIRED: Central Contractors Registration (SAM) number SAM must be updated ever ear Program source 3) More than 80% of my annual gross revenues come from the federal governments, and LJ Yes LJ No 4) My gross revenues are greater than $25 million annually, and ❑ Yes ❑ No 5) Compensation information for top five executives is not already available through reporting to the SEC. ❑ Yes ❑ No If you answered "NO" to question 3, 4 OR 5, STOP. You do not meet the reporting threshold, return form City. If you answered "YES" to ouestion 3.4 AND 5. COMPLETE THE FOLLOWING AND RETURN WITHIN 5 DAYS. Total compensation and names of top five executives. (Complete if you answer yes to questions 3, 4 and 5 above 1. 2. 3. 4. 5. To Be Filled Out By City Staff Program source CDBG Entitlement CDFA 14.218 ❑NSP Entitlement CDFA 14.228 []HOME Investment Partnership Program CDFA 14.239 Grant No. How do you get a DUNS number? The unique identifier used in reporting to FFATA is the entity's Dun & Bradstreet (D&B) Data Universal Numbering System (DUNS) Number. It is necessary for registering in SAM. For subawardees, OMB has issued interim final guidance requiring recipients to obtain a valid DUNS number. DUNS number may be requested via the web for no charge at: • http://fedgov.dnb.com/webforra/index.isp • or by calling 1-866-705-5711 What is a SAM and how do you register? SAM stands for System for Award Management, which is the primary registrant database for the U.S. Federal Government. SAM collects, validates, stores and disseminates data to support federal acquisition missions. A SAM number is necessary for reporting in FFATA. Here are links to information needed to register and become familiar with SAM 0 SAM FAQS: https://"w.sam.eoy/portal/Dublic/SAM/ Most potential and existing US Government Contractors, Grantees and Loan Recipients are required to obtain a DUNS Number for US Government registration purposes. The DUNS Number verifies the legal name, physical address and tradestyle (DBA) of each location and is the key to starting the CCR registration process. Data Universal Numbering System (DUNS) Number: The DUNS Number is a unique nine -digit identification number provided by Dun & Bradstreet (D&B). The DUNS Number is randomly issued, never used twice and is site specific. Each distinct physical location of an entity is assigned its own DUNS Number worldwide. Obtaining a DUNS Number is a quick and easy process. It is the responsibility of the US Government contractor, grantee or loan recipient to obtain their existing DUNS Number or to take the steps required to request a new DUNS Number. To confirm your current status with D&B, all US locations should contact the D&B Government Customer Response Center (GCRC) using the toll-free number or the online webform process. International locations (non -US) are asked to use the online internet link only. Obtaining a DUNS Number is absolutely FREE for all entities doing business with the Federal Government. The process to request a DUNS Number takes about 15 minutes when calling and responses to webform submittals online are returned within 1-2 business days. The following information is requested to obtain a DUNS Number: • Legal Company Name • Headquarters Company Name and Address • Tradestyle or DBA Company Name Physical Address, City, State and Zip Code • Mailing Address • Telephone Number • Contact Name and Title • Number of Employees at your physical location All DUNS requests should contact D&B by following the below instructions. Within 24 hours of issuance, the DUNS Number is generally available for starting CCR registration. All US locations (including US Virgin Islands and Puerto Rico) can call toll free at 566-705-5711 Federal contractors - Press Option 3 Grantees - Press Option 4 Loan recipients - Press Option 5 or use the online webform process at (including Guam, Marianas Islands and American Samoa) should use the online webform process at http://­fedqov.dnb.com/webform Managing your DUNS Number: D&B will periodically contact DUNS Numbered locations to verify a company's information for accuracy. Organizations with multiple DUNS Numbers may request a FREE family tree listing from D&B to help determine which branch/division/subsidiary location has an existing DUNS Number and if the information on file at D&B is current. D&B recommends organizations with multiple DUNS Numbers have a single point of contact for controlling DUNS Number requests to ensure the appropriate branches/divisions/subsidiaries have the accurate DUNS Numbers for Federal purposes. Exhibit C - Part One CITY OF PASCO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM QUARTERLY REPORT FORM Housing and Housing Supportive Services Please check the appropriate quarter - reports are due on April 15th, July 15th, October 15th, January 15th Quarter: Jan -Mar Apr June July -Sept Oct -Dec Subrecipient: Project: Your Name: Your Job Title: Phone Number: Complete this section for all housingz activities in the current quarter Total # of Houses Total # of Female Head of Household Total # of Families Total # of Renter Households Total # of Persons Total # of Owner Households I Complete this section to report on race & ethnicity for those listed above E = Ethnicity (compile from household information) Not Hispanic Hispanic R = Race (compile from household information) White Asian Asian & White Native Hawaiian/Other Pacific Islander Black/African American American Indian/Alaskan Native _ American Indian/Alaskan Native & White American Indian/Alaska Native & Black/African American _ Black/African American & White Other to report on Enter the number of households (not individual persons) by percentage of median family income Under 309b 31% to 50% 51% to 80% 81% and over Exhibit C — Part Two Com fete this section to re ort funds expended Total CDBG Funds Expendedd During Current Quarter $ Other Funds Expended During Current Quarter (private, other agency, match, etc.) Source Amount $ Total Other Funds Expended During Current Quarter $ Project Locations Ph sical Address 1. 2. 3. 4. 5. Signature of Authorized Official Print Name Date Exhibit C — Part Three City of Pasco Housing Supportive Services Household Information (Please fill out one per household) HUD Community Development Block Grant Funds make it possible for us to grant City residents supportive housing services. Funding is limited and awarded on a first-come, first-served basis. Please return completed form with your application: E R Household Member Full Name Date of Birth Age D C7 II t7 m a E 0 K p 0 The following information is requested to enable HUD to monitor compliance with Federal Fair Housing and Equal Opportunity Acts. You are encouraged to provide this information. Should you choose not to, please initial where indicated. I do not wish to provide this information (initials) � E = Ethnicity (please choose one # per person) 1. Not Hispanic 2. Hisnanic II R = Race (please choose one # per person) 4. Native Hawaiian/Other Pacific Islander 7. American Indian/Alaskan Native & White 9. Black/African American & White Are you a sole female head of household? 1. White 2. Asian 3. Asian & White 5. Black/African American 6. American Indian/Alaskan Native 8. American Indian/Alaska Native & Black/African American 10. Other Multi -racial Gross annual income for the household? I certify the information provided is accurate and may be verified by the local or federal government. Applicant: Address: Telephone #: E -Mail Address: Applicant Signature: Cell #: Message #: EXHIBIT D Special Terms and Conditions This section of the Agreement includes special conditions specific to the particular activity or subrecipient. D-1 A. PROGRAM INCOME Project 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 not be allowed to retain the program income. Program income receipted may only be used for those purposes described in the general conditions, special conditions, and subrecipient's 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 (30) days of written request from the City. B. BENEFICIARY REPORTS Reporting income eligibility for low -moderate income households, persons or jobs will be applicable for this project. The Subrecipient will be required to provide a completion report to the City, disclosing data and providing documentation for the activities carried out with grant funds during the program year. C. DAVIS-BACON Davis -Bacon and State Prevailing Wage Law will apply for construction projects over $2,000, except for housing rehabilitations. If Davis -Bacon Wage Standards apply, the following required reports and recordkeeping must be undertaken prior to the final commitment of CDBG funds. 1. The City will provide the Subrecipient with applicable HUD documents and the Davis Bacon wage rate decisions for the project to be included in the bid packet and contract documents. 2. The Subrecipient will provide the City with a copy of the construction project bid packet prior to the execution of any component along with copies of all contract documents. 3. The Subrecipient will obtain and submit records acquired from construction 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. 4. 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 procurement and labor compliance process. D-2 Mandatory Bidder Responsibility Checklist The following checklist shall be used for all small works and public works contracts, regardless of the dollar amount. Print copy of each verification page shown below and attach to this sheet. General Information Project Name: Contract Number: Bidder's Business Name: Bid Submittal Deadline: Contractor Registration - (print) https://secure.Ini.wa.gov/verify/ License Number: Status: Active: Yes ❑ No ❑ Effective Date (must be effective on or before Bid Submittal Deadline): Expiration Date: Current UBI Number- (print) http://dor.wa.gov/mntrenttdoingbusiness/registermybusiness/brd/ UBI Number: Account Closed" O en ❑ Closed ❑ Industrial Insurance COVera e-(print)httpsJ/secure.ini.wa.gov/verify/ Account Number: Account Current: Yes ❑ No ❑ Employment Security Department Number - Must Get From Contractor Employment Security Department Number: • Has Bidder provided account number on the Bid Form? Yes ❑ No ❑ • And/or have you asked the Bidder for documentation from Employment Security Department on account number? Yes ❑ No ❑ Dun & Bradstreet #- httpJ/fedgov.dnb.com/webform http:]Avww.hud.gov/offlces/adm/grantaidunsnbrguide.doe DUNSM Account Closed: Open ❑ Closed ❑ Not Disqualified from Bidding Washington State -(print) htt://www.ini.wa. ovITradesLicensin PrevWa a/Awardin enciesIDebarredContractors/defauft.as Is the Bidder listed on the "Contractors Not Allowed to Bid" list of the Department of Labor and Industries? Yes ❑ No ❑ Not Disqualified from Bidding Federal (no need to create a log in)- (print) Htt s:/lwww.saml ov/ ortaV ubfic/SAM/#1 Is the Bidder listed on the federal debarment and suspension database? Yes ❑ No ❑ NOT LIMITED DENIAL OF PARTICIPATION — (print) http:// ortal.hud. ov/hud ortaVHUD?src=Ito ics/limited denials of participation Is the Bidder listed on the federal limited denial of participation list? Yes ❑ No ❑ City of Pasco Business License Business License Number: Account Current: Yes ❑ No ❑ Checked by: Name: Date: Last Rev sed: May26, 2015 Mandatory Bidder Responsibility Checklist The following checklist shall be used for all small works and public works contracts, regardless of the dollar amount. Print copy of each verification page shown below and attach to this sheet. General Information Project Name: Contract Number Bidder's Business Name: Bid Submittal Deadline: Contractor Registration -(print) https.,//secure.Ini.wa.gov/verify/ License Number: Status: Active: Yes ❑ No ❑ Effective Date (must be effective on or before Bid Submittal Deadline): Expiration Date: Current LIBI Number -(print) http://dor.wa.gov/corArenttdoingbusiness/registemybusiness/brd/ UBI Number: Account Closed: "Open ❑ Closed ❑ Industrial Insurance Coverage - (pdnt) httpsJ/secure.ini.wa.gov/verify/ Account Number: Account Current: Yes ❑ No ❑ Employment Security Department Number - Must Get From Contractor Employment Security Department Number: • Has Bidder provided account number on the Bid Form? Yes ❑ No ❑ • And/or have you asked the Bidder for documentation from Employment Security Department on account number? Yes ❑ No ❑ Dun & Bradstreet # - http:/Ifedgov.dnb.wm/webform hftp://www.hud.goviotricesiadmigrantsidunsnbrguide.doc DUNS#: Account Closed: Open ❑ Closed ❑ Not Disqualified from Bidding Washington State -(print) htt://www.ini.wa. ov/TTadesLicensin /PrevWa a/Awardin enciesfDabarredContractors/default.as Is the Bidder listed on the "Contractors Not Allowed to Bid" list of the Department of Labor and Industries? Yes ❑ No ❑ Not Disqualified from Bidding Federal (no need to create a log in) -(print) Htt://www.sam/ ov/ ortal/ ublic/SAMNI Is the Bidder listed on the federal debarment and suspension database? Yes ❑ No ❑ NOT LIMITED DENIAL OF PARTICIPATION — (print) htt :// ortal.hud. ovthud ortal/HUD?src=/to fes/limited denials of participation Is the Bidder listed on the federal limited denial of participation list? Yes ❑ No ❑ City of Pasco Business License Business License Number: Account Current: Yes ❑ No ❑ Checked by: Name: Date: Last Revised: May25, 2015