HomeMy WebLinkAboutCity of Pasco - 2018 CDBG Subrecipient Agreement (370 Civic Center Recreation Specialist)COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT DATA SHEET
City Agency: Contract Number: Contract S igned:
Contract Start:
City of Pasco-Adm inistrative & C-2018-2-2 Contract End :
Community Services Amendment:
Mr. Zach Ratkai, Director
Recreation Services
525 N 3rd Ave
Pasco, WA 99301
BRIEF PROJECT SUMMARY
ATTACHMENT 1-D
1/1/2018
12/31/2018
CDBG funds provide a portion of the salary and benefits for recreation specialist at the Civic Center. This facility's program is to
provide recreation programs for at risk y outh and families in the immediate service area. Up to 15% of the allocated funds
from HUD can be used for public service activities.
PERFORMANCE INDICATOR : People Assisted, Public service activities other than LMH
LOCATION : 525 N Third Avenue
SERVICE AREA: LMAl-Civic Center Neigh borhood -Public parks ' service areas are defined as encompassing a one mile radius
surrounding the park. Excluded from this service area are the neighborhoods north of 1-182 and east of the BNSF railroad
which se rve as natural boundaries. Service Area Boundary: l -182/14th Avenue north west and Tacoma /1st Street to the
Columbia River so uth east. CT.BG 201.3, CT202.l.2.3, CT 203.1.3, CT 204.1.2.6 (LMISD 8/4/2017 12665 LM/17725 LMU 71.5%)
CONTRACT LINE ITEM DETAIL
HUD IDIS HUD IDIS EST LINE NATIONAL ACTIVITY TITLE DOLLAR
PROJECT ACTIVITY UNITS ITEM OBJECTIVE AMOUNT
NUMBER NUMBER
2018-2 370 17725 05Z LMA Public Services (General) $21,095.00
Total Contract Amount $21,095.00
NW PROJECT# GR4CDTR18CC
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 Admjnistration. A ll 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: p itmana@pasco-wa.gov or note changes on thi s sheet and mail a copy
so we can keep our database updated .
current Database lotormatjon
First. ................. .Brent
Last .................. Kubalek
Address ............ 525 N 3rd Ave
City .................. .Pasco
State ................. WA
Postal ............... 99301
Em ai l ................ kubalekb@pasco-wa.gov
Phone .............. (509) 545-5790
CONTRACT FACE SHEET
Agency
City of Pasco-Administrative & Community
Services
525 N 3rd Ave
Pasco WA 99301
Agency Representative
Mr. Zach Ratkai
Director
C ity of Pasco-Administrative & Community
Services
(509) 537-2078
ratkaiz asco-wa. ov
Federal Funding Authority
Contract Number/HUD IDIS
C-2018-2-2 370
Start Date
January 1, 2018
U.S. Department of Housing and Urban Development (HUD)
Federal Funds CFDA N umber
14.21 8
Service Area
525 N Third A venue
Tax ID N umber
91 -6001264
Contract Purpose
Cou nty
Franklin County
Contract Amount
$21,095
Modified Amount
E nd Date
December 3 1, 2018
Modified Date
Page Number
I
Number of Pages
CDBG funds provide a portion of the salary and benefits for recreation specialist at the Civic Center. This facility's
ro am i s to rovide recreation ro ams for at risk outh and families in the immediate service area.
IN WITNESS WHEREOF, C ity 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, Application & Letter to Incur Costs
Attachment B: State and Federal Requirements and Ass urances, General Conditions
Attachment C: Reports and Fon11S
City Representative: City of Pasco
~b
Rick White, Director Date
Community & Economic Development
Agency Representative: City of Pasco-Administrative & Community
Services
(02.,2.,,
Date
Subrecipient Agreement with:
City of Pasco-Administrative & Community Services
Through
City of Pasco Community Development Block Grant Program
U.S. Department of Housing & Urban Development
Grant No. B-2018-MC-530009
Start date:
CFDA 14.218
HUD Activity: 370
Contract Number: C-2018-2-2
Project Number: GR4.CD.TR.18.CC
January 1, 2018
City of Pasco, Community & Economic Development Department
www .pasco-wa.gov
INTER-AGENCY RECIPIENT DEPARTMENT AGREEMENT
City of Pasco-Administrative & Community Services
370 Civic Center Recreation Specialist
This Agreement is made between City of Pasco (herein called the City) and City of Pasco-
Administrative & Community Services, a department of the City, (herein called Recipient Department)
for the Civic Center Recreation Specialist project (herein called the Project), HUD ID 370.
Whereas, City has received an award (Federal Award Identification Number B-18-MC-53-0009)
authori zed by the United States federal government under Title I of the Housing and Community
Development Act of 1974 (Public Law 93-383) to provide funds to undertake and carry out projects
under the Community Development Block Grant (CDBG) Program Entitlement Grants (CFDA 14.218)
in compliance with all applicable local, state, and federal laws, regulations and policies; and
Whereas the Recipient Department has applied for and received a CDBG award, contract
number C-2018-2-2, to fund the Project; and
Whereas, it benefits the City to engage the Recipient Department to accomplish the Scope of
Services and the objectives of the CDBG project; Now therefore,
The parties agree that:
1. SCOPE OF SERVICES
A. City Responsibilities
The City is responsible for administration of the CDBG contract, and ensuring CDBG funds are
used in accordance with all program requirements, pursuant to 24 CFR 570.S0l(b). The City will
provide such assistance and guidance to the Recipient Department, a department of the City, as
may be required to accomplish the objectives and conditions set forth in this Agreement.
The City is responsible for completing the following tasks to accomplish the objectives of the
Project:
Principal Tasks
• Completing Environmental Review
• Labor Compliance Monitoring
• Contract Administration Monitoring & Reporting
B. Recipient Department Responsibilities
The intent of this Agreement is as follows: CDBG funds provide a portion of the salary and
benefits for recreation specialist at the Civic Center. This facility's program is to provide
recreation programs for at risk youth and families in the immediate service area. The Recipient
Department will complete in a satisfactory and proper manner as determined by the City the
following non-construction tasks to accomplish the objectives of the project principally
benefiting low-and moderate-income persons. The Recipient Department will periodically meet
with the City to review the status of these tasks.
C-2018-2-2 370 Civic Center Rec Specialist.d ocx Page I o f 26
Principal Tasks
• Project Management
• Financial Management & Internal Controls
• Accomplishment & Financial Reporting
• Recordkeeping
• Civil Rights Compliance
• Reporting
• Procurement
2. TIME OF PERFORMANCE
A. Effective Date
The effective date of this Agreement will be the date the parties sign and complete execution
of this agreement and will be in effect for the time period during which the Recipient
Department remains in control of CDBG funds or other CDBG assets.
Eligible costs may be reimbursed if incurred during the program year, January 1 through
December 31, if all requirements of this agreement have been met. Multi-year and/or on-
going activities may be reimbursed for costs incurred prior to the effective date, with a
written Letter to Incur Costs if requirements of the Annual Action Plan including Citizen
Participation have been met.
B. Closeout
The Recipient Department's obligation to the City does not end until all closeout
requirements are completed. The City will close-out the Federal award when it determines
that all applicable administrative actions and all required work of the Federal award have
been completed by the Recipient Department. The City and the Recipient Department will
comply with the closeout procedures of 2 CFR 200.343 and the post-closeout procedures of
2 CFR 300.344. Activities during the closeout period include but are not limited
to: identifying any closeout costs or contingent liabilities subject to payment after the
execution of any grant closeout agreement, making final payments, disposing of program
assets, determining the custodianship of records, and determining a records retention
schedule.
3. AGREEMENT REPRESENTATIVES
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 individual s in the capacities indicated below, unless
otherwise modified by subsequent written notice.
Each party to this Agreement s hall have a representative. The person named in the agreement or
appointed from time to time as representative, acts on behalf of the party. Each party may change
its representative upon providin g written notice to the other party. Communication and detail s
concerning this contract shall be directed to the following representatives:
C-20 I 8-2-2 370 Civic Center Rec Specialist.docx Page 2 of 26
Citv
City of Pasco-Community & Economic
Development Department
Rick White, Director
525 N Third A venue
Pasco, WA 9930 I
(509) 545-3441 Phone
(509) 545-3499 Fax
whiter@pasco-wa.gov
4. BUDGET
Recipient Department
City of Pasco-Administrative & Community
Services
Brent Kubalek
525 N 3rd Ave
PO Box 293
Pasco, WA 99301
(509) 545-5790 Phone
kubalekb@pasco-wa.gov Email
The City will pass through to the Recipient Department no more than twenty-one thousand
ninety-five and no/100 ($21,095) in CDBG funds for eligible incurred costs and expenses for the
Project according to the following project budget.
Project #GR4CDTR1 ~CC_ -IDIS #370 Budgeted Amount
Bud2et Element
Salaries/Wages & $21,095
Personnel Benefits
CDBGTOTAL $21,095
Non-CDBG (General Fund) or Other source, Specify $36,100
GRAND TOTAL $57,195
Th e City may r equire a more detailed budget breakdown, and the Recipient Department will
provide such supplementary budget information in a timely fashion in the form and content
prescribed by the City.
Indirect Cost Rate if the Recipient Department chooses to charge indirect costs under this grant,
the Recipient Department shall provide their indirect cost rate that has been negotiated between
their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of
10% of modified total direct costs (MTDC) will be used. Indirect costs are allowable provided
administrative cap will not be exceeded.
"Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable
fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each sub-
award (regardless of the period of performance of the sub-awards under the award). MTDC
excludes equipment, capital expenditures, and rental costs.
Any amendments to this Agreement's Budget must be evaluated and approved in writing by the
City and the Recipient Department.
5. PAYMENT
The City shall reimburse the Recipient Department for all allowable expenses agreed upon by the
parties to complete the Scope of Service.
Reimbursement under this Agreement will be based on billings, supported by appropriate
documentation of costs actually incurred . It is expressly understood that claims for
reimbursement will not be submitted in excess of actual, immediate cash requirements necessary
C -20 18-2-2 370 Ci vi c Center Rec Spec i~l ist.docx Page 3 o f 26
to carry out the purposes of the agreement. Funds available under this Agreement will be
utilized to supplement rather than supplant funds otherwise available.
It is understood that this Agreement is funded in whole or in part with CDBG funds through the
U.S. Department of Housing and Urban Development ("HUD") and is subject to those
regulations and restrictions normally associated with federally-funded programs and any other
requirements that the City may prescribe.
6. PERFORMANCE MONITORING
The City will monitor the performance of the Recipient Department by tracking project progress,
reviewing payment requests for applicable costs, managing the timely pass-through of CDBG
funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit
requirements are met. Substandard perfom1ance as determined by the City will constitute
noncompliance with this Agreement.
If action to correct such substandard performance is not taken by the Recipient Department
within a reasonable period of time after being notified by the City, contract suspension or
termination procedures will be initiated.
7. SPECIAL CONDITIONS
A. Eligibility
This is an eligible CDBG activity based upon HUD Matrix Code 052, Public Services
(General), the Recipient Department agrees to comply with the requirements of Title 24 CFR
570.201 ( e ); and all other applicable Federal, state and local laws, regulations, and policies,
governing the funds provided under this Agreement.
B. CDBG National Objective
The Recipient Department certifies the activities carried out under this Agreement meet a
CDBG Program National Objective defined in 570.208(a)(l)-LOW-MODERATE AREA
BENEFIT.
LMAl-Civic Center Neighborhood -Public parks' service areas are defined as encompassing
a one mile radius surrounding the park. Excluded from this service area are the
neighborhoods north of 1-182 and east of the BNSF railroad which serve as natural
boundaries. Service Area Boundary: I-182/14th Avenue north west and Tacoma/1st Street
to the Columbia River south east. CT.BG 201.3, CT202. l.2.3, CT 203.1.3 , CT 204.1.2.6
(LMISD 8/4/2017 12665 LM/17725 LMU 71.5%)
C. Levels of Accomplishment
Proposed accomplishment: People Assisted 17725
Levels of accomplishment may include such measures as persons or households assisted,
jobs created or retained, facilities, etc. and also should include time fram es for performance.
To complete this proposal, the Recipient Department will plan, administer and implement the
project as described in the Recipient Department's 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 b eneficiarie s served must be proposed
C-20 I 8-2-2 370 Co vie Center Rec Specialist.docx Page 4 o f 26
and submitted in writing to the City prior to incurring any costs. Such changes will be
considered by formal request to modify or amend this Agreement.
8. GENERAL CONDITIONS
A. General Compliance
The Recipient Department agrees to comply with:
• The requirements of Title 24 CFR 570 (HUD regulations for CDBG); and
• All other applicable Federal, State and Local laws, regulations, and policies, governing
the funds provided under this Agreement.
B. CDBG National Objective
The Recipient Department certifies the activities carried out under this Agreement meet a
CDBG Program National Objective defined in Title 24 CFR 570.208(a)(l).
C. Funding Source Recognition
The Recipient Department will ensure recognition of the roles of U.S. Department of
Housing and Urban Development, and the City of Pasco CDBG Program in provi ding
services through this Agreement. All activities, facilities and items utilized pursuant to this
Agreement will be prominently labeled as to the funding source. In addition, the Recipient
Department will include a reference to the support provided herein in all publications made
possible with funds made available under this Agreement.
D. Amendments
The City or Recipient Department may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed
by a duly authorized representative of each organization, and approved by the City's
certifying official or delegate. Such amendments will not invalidate this Agreement, nor
relieve or release the City or Recipient Department from its obligations under this
Agreement.
E. Remedies, Suspension, and Termination
1. If the Recipient Department fails to comply with Federal statutes, regulations or the terms
and conditions of the award, the City may impose additional conditions, as described in 2
CFR 200.207. If the Federal awarding agency or City determines that noncompliance
cannot be remedied by imposing additional conditions, the Federal awarding agency or
City may take one or more of the following actions, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency by the
Recipient Department or more severe enforcement action by the City;
b. Disallow (that is, deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
c. Wholly or partly suspend or terminate the award;
C -201 8-2 -2 370 Civic Center Rec S pcci ali st.docx Page 5 of 26
d. Initiate s uspension or debarment proceedings as authorized under 2 CFR part 180 and
recommend that such a proceeding be initiated by the Federal awarding agency;
e. Withhold further Federal awards for the project or program ; or
f. Take other remedies that may be legally available.
2. In accordance with 2 CFR 200.3 38-9, the City may suspend or tem1inate this Agreement
in th e following circumstances:
a . If the Recipient Department fails to comply with the terms and conditions of a
Federal award;
b. For cause;
c. With the consent of the Recipient Department, in which case the two parties must
agree upon the termination conditions, including the effective date and, in the case of
partial termination, the portion to be terminated;
d. By the Recipient Department upon sending to the City written notification setting
forth the reasons for such termination, the effective date, and, in the case of partial
termination, the portion to be terminated. However, if the City determines in the case
of partial termination that the reduced or modified portion of the Federal award or
sub-award will not accomplish the purposes for which the Federal award was made,
the City may terminate the Federal award in its entirety
3. When a Federal award is terminated or partially terminated, the City will remain
responsible for compliance with the requirements in 2 CFR 200.343 and 2 CFR 200.344.
F. Equal Employment Opportunity
1. During the performance of this contract, the contractor (the Recipient Department) agrees
as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
tem1ination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship . The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided b y the
contracting officer setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advancements for employees placed b y or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without re g ard to race, color, religion , sex, sexual
orientation , gender identity, or national origin.
c. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment becau se such employee or applicant has
C-2018-2-2 370 Civic Center Rec Speciahst.docx Page 6 of 26
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
app licants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor 's legal duty to furnish information.
d. The contractor will send to each labor union or representative of workers with which
he 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 workers'
representative of the contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
e. The contractor will comply with all provisions of Executive Order No. 11246 of Sept.
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965 , and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authoriz ed in Executive Order No. 11246 of Sept. 24, 1965 , and such other sanctions
may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965 , or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
h. The contractor will include the provisions of paragraphs ( l) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendo r. The contractor will take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of La bor as a means of enforcing
such provisions including sanctions for noncompliance: Provided, however, that in
the event the contractor becomes invo lved in, or is threatened with , litigation with a
subcontractor or vendor as a result of such direction, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
[Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970
Comp., p. 684, EO 1208 6 of Oct. 5, 1978, 43 FR 46501 , 3 CFR, 19 78 Comp., p. 230,
EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 ofJuly 2 1, 2014, 79 FR 42971]
C-20 18-2-2 370 Civic Center Rec Speciahst.docx Page 7 of 26
2. [ All con tra cts that meet th e definition of "federally assist ed construction contract" in 41
CFR Part 60-1.3 must also include this language; if it is not a "federally assisted
construction contract ", this Subsection 2 is not necessary]:
The applicant h e reby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of
the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan , insurance, or
g uarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows :
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor a grees to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided se tting forth the provisions of this nondiscrimination clause.
b . The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
c. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision s hall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions dis closes the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance o f an investigation, proceed ing, hearing, or
action, including an inves ti gation conducted b y the employer, or i s consistent with the
contractor's legal duty to furnish informati on.
d . The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be prov ided ad v is ing the said lab or union or workers' representati ves of the
co ntractor's commitments under thi s section, and shall post copies of the notice in
con spicuous places available to employees a nd applicants for employmen t.
C-2018-2-2 370 Civic Center Rec Speciahst.docx Page 8 of 26
e. The contractor will comply with all prov1s1ons of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
f. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
h. The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in , or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of contractors and subcontractors
with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965 , with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
C-2018-2-2 370 Civic Cent er Rec Speciahst.docx Page 9 of 26
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for vio lation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if
it fails or refuses to comply with these undertakings, the administering agency may take any
or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant
(contract, loan, insurance, guarantee); refrain from extending any further assistance to the
applicant under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such applicant; and refer
the case to the Department of Justice for appropriate legal proceedings.
G. Labor Standards
The Recipient Department agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis-Bacon Act (40 U.S.C. 3141-3144, 3146-3148) as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as
amended, 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 Recipient Department agrees to comply with 18 U.S.C. 874 et seq. and implementing
regulations of the Department of Labor at 29 CFR Part 5, the Copeland "Anti-Kickback" Act
(40 U.S.C. 3145) as supplemented by Department of Labor regulations (29 CFR Part 3), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). The Recipient
Department shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made avai labl e to the City for review
upon request.
The Recipient Department understands that the City's decision to enter into this Agreement
is conditioned upon the Recipient Department's acceptance of and agreement to the
following:
1. The Recipient Department or any subcontractor shall pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. The Recipient Department or any subcontractor sh all
pay all mechanics and laborers employed directly on the site of the work, unconditionally
and at least once a week, and without subsequent deduction or rebate on any account, the
full amounts accrued at time of payment, computed at wage rates not less than those
stated in the advertised specifications, regardless of any contractual relationship which
may be alleged to exist between the contractor or subcontractor and the laborers and
mechanics;
2. The Recipient Department will post the scale of wages to be paid in a prominent and
easily accessible place at the site of the work; and
3. There may be withheld from the Recipient Department so much of accrued payments as
the contracting officer considers necessary to pay to laborers and mechanics employed by
the Recipient Department or any subcontractor on the work the difference between the
rates of wages required by the contract to be paid laborers and mechanics on the work
and the rates of wages received by the laborers and mechanics and not refunded to the
Recipie nt Department or subcontractors or their agents.
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The Recipient Department 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
state and 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 that are
imposed by state or local law, nothing hereunder is intended to relieve the Recipient
Department of the obligation, if any, to require payment of the higher wage. The Recipient
Department shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
9. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Recipient Department agrees to comply with 2 CFR 200.300 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.
2 . Cost Principles
The Recipient Department will administer its program in confonnance with 2 CFR 200.400.
These principles will be applied for all costs incurred whether charged on a direct or indirect
basis.
3. Duplication of Costs
The Recipient Department certifies that work to be performed under this Agreement does not
duplicate any work to be charged against any other contract, subcontract or other source.
B. Documentation and Record Keeping
1. Records to Be Maintained
The Recipient Department will maintain all records required by Federal regulations,
including those specified in 24 CFR 570.506 and 24 CFR Part 85.20 that are pertinent to the
activities to be funded under this Agreement. Such records will include but not be limited to:
a. Records providing a full description of each activity assisted ( or being assisted) with
CDBG funds, including its location (if the activity has a geographical locus), the
amount of CDBG funds budgeted, obligated and expended for the activity, and the
provision in subpart C under which it is eligible;
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program set forth in 24 CFR 570.506;
c. Records that demonstrate that the recipient has made the determinations required as a
condition of eligibility of certain activities, as prescribed in 24 CFR 570.201 (f),
C -2018-2-2 370 Civic Center Rec Specialist.docx Page 11 of26
570.201 (i)(2), 57 0.20 1 (p ), 570.201 (q), 570.202(b )(3), 570 .206(t), 570.209, 570.210,
and 570.309;
d. Records which demonstrate compliance with§ 570.503(b)(7) or§ 570.505 regarding
any change of use of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the civil rights components of the CDBG
program, and fair housing and equal opportunity records;
f. Records that demons trate compliance with the citi zen part1c1pation requirements
prescribed in 24 CFR part 91, subpart B, for entitlement recipients;
g. Records which demonstrate compliance with the requirements in § 570.606 regarding
acquisition, displacement, relocation, and replacement housing;
h. Financial records, in accordance with the applicable requirements listed in § 570.502,
including source documentation for entities not subject to 2 CFR part 200. Recipient
Department shall maintain evidence to support how the CDBG funds provided to
such entities are expended. Such documentation must include, to the extent
applicable, invoices, schedules containing comparisons of budgeted amounts and
actual expenditures, construction progress schedules signed by appropriate parties
(e.g., general contractor and/or a project architect), and/or other documentation
appropriate to the nature of the activity. Recipient Department records pertaining to
obligations, expenditures, and drawdowns must be able to relate financial transactions
to either a specific origin year grant or to program income received during a specific
program year;
1. Labor standards records required to document compliance with the Davis Bacon Act
(40 U.S.C. 3141-3144, 3146-3148) as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as amended, State prevailing
wage law and all other applicable Federal, state and local laws and regulations
applicable to CDBG-funded construction projects;
J . Agreements and other records related to lump sum disbursements to private financial
institutions for financing rehabilitation as prescribed in § 570.513 ; and
k . Other records necessary to document compliance with 24 CFR 570.600-614 Subpart
K-Other Program Requirements or other applicable laws and regulations,
including:
• Affirmatively Furthering Fair Housing
• Section 109
• Labor Standards
• Environmental Reviews
• National Flood Insurance program
• Displacement, r e location, acquisition and replacement of housing
• Employment and contracting opportunities
• Lead Based Paint
• Use of Debarred, s uspended or ineligible contractors or s ubrecipients
• Uniform administrative requirements and cost principles
• Co nfli c t of Interest
C-2018-2-2 370 Civic Center Rec S pecialist.docx Page 12 o f26
• Executive Order 12372
• Eligibility restrictions for certain resid ent aliens
• Architectural Barriers Act and the Americans with Disabilities Act.
2. Access to Records and Retention
The City and other authorized representatives of the state and federal governments shall have
access to any books, documents, papers and records of the Recipient Department that are
directly pertinent to this Agreement for the purposes of making audit, examination, excerpts
and transcriptions.
All such records and all other records pertinent to this Agreement and work undertaken under
this Agreement will be retained by the Recipient Department for a period of six (6) years
after final audit of the CDBG project, unless a longer period is required to resolve audit
findings or litigation. In such cases, the City will request a longer period of record retention.
3. Audits and Inspection Records
The Recipient Department that expends $750,000 or more in a fiscal year in federal funds
from all sources hereby agrees to have an annual agency audit conducted in accordance with
current uniform administrative requirements 2 CFR 200.501; the reference Catalog of
Federal Domestic Assistance (CFDA) number is 14.218 for the audit.
Any deficiencies noted in audit reports must be fully resolved by the Recipient Department
within thirty (30) days after receipt by the Recipient Department. Failure of the Recipient
Department to comply with the above audit requirements will constitute a violation of this
Agreement and may result in the withholding of future payments.
The Recipient Department is responsible for any audit exceptions incurred by its own
organization or that of its Contractors. The City reserves the right to recover from the
Recipient Department all disallowed costs resulting from the audit.
All Recipient Department records with respect to any matters covered by this Agreement will
be made available to the City, and duly authorized officials of the state and federal
government, at any time during normal business hours, as often as deemed necessary, to
audit, examine, and make excerpts or transcripts of all relevant data.
The Recipient Department shall maintain beneficiary data demonstrating eligibility for
services provided. Such data shall include, but not be limited to, name, address, income level
or other basis for determining eligibility, and description of service provided. Such
information shall be made available to City or their designees for review upon request.
The Recipient Department understands that beneficiary 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 and/or Recipient Department'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.
C. Reporting
1. Program Income
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The Recipient Department will report annually all program income, as defined by 24 CFR
570.500, generated by activities carried out with CDBG funds made a vailable under this
Agreement. The use of program income by the Recipient Department will comply with the
requirements set forth by 24 CFR 570.504. The Recipient Department may use such income
during the contract period for activities permitted under this contract and shall reduce any
request for additional funds by the amount of any such program income balance 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.
2. Periodic Reports
The Recipient Department, at such times and in such forms as the City may require, will
furnish the City such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this Agreement.
The Recipient Department will submit quarterly progress reports and financial reports in the
form, content, and frequency as required by the City. Reports wi ll be submitted in the
formats provided by the City, which are attached to this agreement as EXHIBIT C. Progress
reports are to be submitted quarterly, by the 15th of the month following the end of the
preceding quarter. The Recipient Department will submit a final summary report upon
project completion.
Reimbursement for project costs incurred will be contingent upon the regular and timely
submission of required reports. Reports not submitted, submitted late or incomplete may
result in reduced funding.
The Federal Funding Accountability and Transparency Act (FFATA), passed in 2006 and
amended in 2008, requires information disclosure concerning entities receiving financial
assistance through Federal awards such as contracts, sub-contracts, grants, and sub-grants.
Awardees are required to report selected information within 30 days of awards and sub-
awards greater than $25,000. All sections of the FF AT A reporting form must be completed
immediately and returned to the City to facilitate required FF AT A information reporting.
D. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement will be in
compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570 .502, 570.503,
570.504, as applicable, which include but are not limited to the following:
1. The Recipient Department will 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.
2. Real property under the Recipient Department's control that was acquired or improved,
in whole or in part, with funds under this Agreement in excess of $25 ,000 will be used to
meet one of the CDBG National Objectives pursuant to 24 CFR 57 0 .208 until five (5)
years after the contract is closed. If the Recipient Department fails to use CDBG-assisted
real property in a manner that meets a CDBG National Objective for this 5-year period of
time, the Recipient Department will 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
C-2018-2-2 370 Civic Center Rec Specialist.docx Page 14 of26
non-CDBG funds for acquisition of, or improvement to, the property after the CDBG
program's approval. Such payment will constitute program income to the City. The
Recipient Department may retain real property acquired or improved under this
Agreement after the expiration of the ten-year period.
3. In cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds will be program income. Equipment not needed by the
Recipient Department for activities under this Agreement will be (a) transferred to the
City for CDBG-eligible activities as approved by the CDBG program or (b) retained after
compensating the City.
10. PERSONNEL AND PARTICIPANT CONDITIONS
The Recipient Department understands and agrees to comply with each of the following
conditions:
A. Civil Rights
1. Title VI of the Civil Rights Act of 1964:
Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color,
creed, religion, sex 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.
2. Section 109 of the Housing and Community Development Act of 1974:
No person in the United States will on the grounds of race, color, creed, religion, sex or
national origin be excluded from participation in, be denied benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
3. Age Discrimination Act of 1975, as Amended
No person will be excluded from participation, denied program benefits, or subjected to
discrimination on the basis of age under any program or activity receiving federal funding
assistance. (42 U.S.C. 610 et. seq.)
4. Section 504 of the Rehabilitation Act of 1973, as Amended
No otherwise qualified individual will, solely by reason or his or her disability, be excluded
from participation (including employment), denied program benefits, or subjected to
discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794)
5. Public Law 101-336, Americans with Disabilities Act of 1990
Subject to the provisions of this title , no qualified individual with a disability will, by reason
of such disability, be excluded from participation in or be denied the benefits of the services,
programs, or activities of a public entity, or be subjected to discrimination by any such entity.
C-2018-2-2 370 Civic Cen ter Rec Specialist.docx Page 15 of26
6. Architectural Barriers Act of 1968, as Amended
Certain federally-funded building or facilities shall be designed, constructed or altered to
ensure accessibility to, and use by, physically handicapped persons. Some buildings and
facilities that include CDBG funds subject to the Architectural Barriers Act 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). (42 U.S .C. 4151-
4157)
7. Americans with Disabilities Act of 1990
Prohibited discrimination against disabled persons includes the failure to design and
construct facilities (first occupied after January 26, 1993) that are accessible to and usable by
persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. (42 U.S.C. 12131 ;
47 U.S.C. 155,201 ,218 and 225)
B. Section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. 1701 u)
Compliance in the Provision of Training, Employment, and Business Opportunities:
1. The work to be performed under this agreement is on a project assisted under a program
providing direct federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given lower-income residents of the project area; and contracts for work
in connection with the project be awarded to business concerns which are located in, or
owned in substantial part, by persons residing in the area of the project.
2. The parties to this contract will comply with the provisions of said Section 3 and the
regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and the
City issued thereunder prior to the execution of this contract. The parties to this contract
certify and agree that they are under no contractual or other disability that would prevent
them from complying with these provisions.
3. The Recipient Department will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers '
representative of his commitments under this Section 3 clause and will post copies of the
notice in conspicuous places available to employees and applicants for employment or
training.
4. The Recipient Department will include this Section 3 clause in every subcontract for
work in connection with the project and will, at the direction of the applicant, or recipient
of federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the Secretary of
HUD, 24 CFR 135. The Recipient Department will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation
of regulations under 24 CFR 135 and will not let any subcontract, unless the
subcontractor has first provided it with a preliminary statement of ability to comply with
the requirements of these regulations.
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5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and
all applicable mies and orders of HUD and the City issued hereunder prior to the
execution of the contract, will be a condition of the federal financial assistance provided
to the project, binding upon the Recipient Department of such assistance, its successors,
and assigns. Failure to fulfill these requirements will subject the Recipient Department,
its consultants and subcontractors, its successors and assigned to those sanctions specified
by this Agreement, and to such sanctions as are specified by 24 CFR 135.
C. Conduct
l. Assignability
The Recipient Department will 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 Recipient Department from the City under this contract may be
assigned to a bank, tmst company, or other financial institution without such approval.
Notice of any such assignment or transfer will be furnished promptly to the City.
2. Conflict of Interest
No member of the City's governing body and no other public official of such locality, who
exercises any functions or responsibilities in connection with the planning or carrying out of
the project, will have any personal financial interest, direct or indirect, in this Agreement;
and the Recipient Department will take appropriate steps to assure compliance.
The Recipient Department agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR
570.611, which includes maintaining a written code or standards of conduct that will govern
the performance of its officers, employees or agents engaged in the award and administration
of contracts supported by Federal funds.
The Recipient Department covenants that its employees have no interest and will not acquire
interest, direct or indirect, in the study area or any parcels therein or any other interest which
would conflict in any manner or degree with the performance of services hereunder. The
Recipient Department further covenants that in the performance of this Agreement, no person
having such interest will be employed by the Recipient Department.
3. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transactions
a. The lower tier contractor certifies, by signing this contract 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
contract, such contractor will attach an explanation to this contract.
c. The contractor further agrees by signing this contract that it will 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.
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D. Procurement
The Recipient Department 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 federal, state and local procurement requirements. Executed
copies of all subcontracts shall be forwarded to the City along with documentation
concerning the selection process.
E. Subcontracts
The Recipient Department 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.
The Recipient Department 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.
F. Copyright
If this Agreement results in any copyrightable material or inventions, the City 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.
G. Religious Activities
The Recipient Department agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship,
religious instruction, or proselytization.
H. Lobbying
The Recipient Department is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities, lobbying, or political
patronage. The Recipient Department agrees to comply with the relevant sections of the Byrd
Anti-Lobbying Amendment (31 U.S.C. 1352).
11. ENVIRONMENTAL CONDITIONS
All projects must obtain an overall environmental clearance before any funds provided under this
Agreement are obligated. The Recipient Department 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 Recipient Department will supply the City any and all infom1ation required to make final
detem1ination of environmental impact once an individual site address has been identified. The
Recipient Department must s ubmit en vironmental checklists and documentation to the City prior
C-2018-2-2 370 Civic Center Rec S peci ali st.docx Page 18 of26
to committing any funds to a project or requesting th at funds be released for the project. The City
must certify that the proposed project will not significantly impact the environment and that the
Recipient Department has complied with environmental regulations prior to release of funds.
The Recipient Department 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. Environmental Protection
The Recipient Department 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., as
amended; Federal Water Pollution Control Act (a.k.a. the Clear Water Act), 33 U.S.C ., 1251,
et seq., as amended; and 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 Recipient Department s hall assure that for activities located in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood haz ards,
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).
C. Lead Based Paint
Subpart B of 24 CFR Part 35 and Section 40l(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 Recipient Department 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 Recipient Department agrees to comply with the Historic Preservation requirements set
forth in the Nationa l Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Counci l 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
C-20 18-2-2 370 Civic Cent er Rec Speciahst.docx Page 19 of26
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.
E. Energy Efficiency
The Recipient Department agrees to comply with the mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (42 U .S.C. 6201).
12. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement will not be
affected thereby and all other parts of this Agreement will nevertheless be in full force and
effect.
13. PERFORMANCE WAIVER
The City's failure to act with respect to a breach by the Recipient Department 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 will not constitute a waiver of such right or provision.
14. DISPUTE RESOLUTION
This Agreement has been and shall be construed as having been made and entered into and
delivered within the State of Washington, and it is agreed by each party hereto that this
Agreement shall be governed by the laws of the State of Washington and applicable federal laws.
In the event of a dispute regarding the enforcement, breach, default, or interpretation of this
Agreement, said dispute shall be resolved by the City's City Council.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the Recipient Department
for the use of funds received under this Agreement and it supersedes all prior communications
and proposals, whether electronic, oral, or written between the City and the Recipient
Department with respect to this Agreement.
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IN WITNESS WHEREOF, the City and the Recipient Department have executed this Agreement as of
the date and year last written below.
CITY OF PASCO RECIPIENT DEPARTMENT
By 2.&2Lh By ·?(/JJ Ji;__
Rick White, Community & Economic Development . Z~~ministrat;,; &
Director Community Services Director
Date: __,_{'0--+-'(21,,,,L-C. z.,'-+(..,_.,r B-----Date: _lD-+--1 :Z_)...-+-\l _g ____ _
Approved As To Form:
Leland B Kerr, City Attorney
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EXHIBIT A
Table 3
Grant Application
Letter to Incur Costs
A-I
U.S. Department of Housing
and Urban Development
Jurisdiction's Name:
Table 3
Consolidated Plan Listing of Projects
City of Pasco, 525 North 3rd Avenue, Pasco, WA 99301
0MB Approval No. 2506-0117
(Exp. 8/31/2008)
Priority Need: Goal 3/Strategy 3.2, Homeless interventions and prevention, and supportive services
Project Title: HUD ID 370 -Civic Center Recreation Specialist
Project Description:
CDBG funds provide a portion of the salary and benefits for recreation specialist at the Civic Center. This
facility's program is to provide recreation programs for at risk youth and families in the immediate service area.
Objective category: Suitable Living Environment
Outcome category: Availability/Accessibility
Location/Target Area: 525 N Third Avenue
LMAl-Civic Center Neighborhood -Public parks' service areas are defined as encompassing a one mile radius
surrounding the park. Excluded from this service area are the neighborhoods north of 1-182 and east of the
BNSF railroad which serve as natural boundaries. Service Area Boundary: I-182/14th Avenue north west and
Tacoma/I st Street to the Columbia River south east. CT.BG 201.3, CT202. l .2.3 , CT 203.1.3, CT 204.1.2.6
(LMISD 8/4/2017 12665 LM/17725 LMU 71.5%)
The primary purpose of the project is to help:
D the Homeless D P e rsons w ith HIV/AIDS
Objective Number Project ID
SLE--2 0002
HUD Matrix Code CDBG Citation
052-Public Services 570.20l(e)
(General)
Type of Recipient CDBG National Objective
City LMA-570.208(a)(l)
Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy)
1/1/2018 12/31/2018
Performance Indicator Annual Units
3 -People Assisted 17725
Local ID Units Upon Completion
GR4CDTR18CC
D Pers ons w ith Disabilities
Funding Sources:
CDBG
Other Funding
HOME
HOPWA
Total Formula
Prior Year Funds
Assisted Housing
PHA
ESG
Total
D Public H o us in g N ee ds
CDBG
················"······· $21.,095 _.oo ... .
......................... $36,.100 .. 00 .. .
0 ..................................................................
0 ..................... ·-··········································
0 ...................................................................
0 ...................................................................
0 ...................................................................
0 ...................................................................
0
$57 ,195.00
Applicant
Address
Project Name
Contact Person
Telephone
Federal Tax ID#
CDBG Funds Requested
Community Development Block Grant Application
2018 Program Year
City of Pasco-Administrative & Community Services
525 N 3rd Ave, Pasco, WA 99301
Civic Center Program -Recreation Specialist
Dan Dotta, Acting Director A&CS
509-543-5757
0916001264
(required)
$35,000
Email terwayr@pasco-wa.gov
DUNS# 009974598
(requi red)
Leverage $36,100 ------------
1. Describe your project and its proposed location, including what exactly the CDBG funds w ill be used for, a
description of the persons you will be serving, and why the project is needed.
The are a significant number of people from low to moderate income families who are considered at-risk
that benefit from participation in recreation programs at the City Hall Activities Center (525 N. 3rd Ave). The
activities provided occur on week days and weekends but are especially essential during the crucial after-
school hours. The CDBG funds will be used to pay for wages need ed to provide the programs at the facility.
2. Describe the unmet need in the community using statistics, demographics or other factual information.
Pasco as a whole is over 56 % Hispanic and in the population under the age of 18 that percentage is nearer
75 %. The neighborhoods that the City Hall drop-in after-school program primarily serves are those with a
higher minority population and are designated low-moderate income (Census Tract 202 = 87%).
3. Refer to the Community Priority Needs (EXHIBIT A). -What Goal, Strategy, Objective and Outcome does
your project fulfill?
Goal# Ill Strategy # 2 Objective # 1 Outcome# 1 ---------------
4 . Projects will be ranked according to the local allocation priorities. Refer to Allocation Policy (EXHIBIT B)
(Check only one box)
A. High Priority D B. Average Priority ...L C. Low Priority D D. No Priority D
Explain how your application satisfies that priority: Provides a safe and productive recreational
Environment for the low to moderate income children and families especially in the immediate area
surrounding the Pasco City Hall.
2018 CDBG Application 1
5. How does your appl ication meet the National Objective of primarily benefiting low and moderate-income
persons? (Check only one box -a, b, c, d)
a. D You receive income data verification from each individual or household beneficiary of the program(LMC/LMH)
b. D Your project serves only the following clientele {LMI Presumed Benefit): (check only one box)
0 Elderly person s
D Illiterate persons
D Battered spouses
D Homeless persons
D Abused children
0 Migrant farm workers
D Severely disabled adults
0 Persons living with AIDS/HIV
D Other: Describe
c. D Your project will create jobs that employ low to moderate-income employees (LMJ).
d. L Your project/activity serves only a limited area which is proven by American Community Survey data to be
primarily low-moderate income (LMA). Complete Item 6 Below:
6. Provide a vicinity map (separate page) showing the location of the project and service area . Include a narrative
description of the project boundaries (or address) and the area to be served (LMA). Attach pages if necessary.
Boundari es : Service area is approximately a one mile radius from project location, with a boundary of the railroad
tracks to the east.
Project Address/Location: 525 N. 3rd Ave ., Pasco, WA 99301
201-3
Census
Tract(s)#
202-1,2,3
203-1, 3
204 -1,2,6
Block
Group(s)#
7. Pr ovide *Performance Indicators, Objectives and Outcomes (EXHIBIT CJ benchmarks you hope to achieve in
program year 2018, e.g., How many unduplicated persons will be served, how many houses will be rehabbed,
how many jobs created, how many public buildings or parks will be improved
Do not inflate your estimates -the numbers provided will be used to assess your proposed project's success.
• Public Facility -Bui/dings Parks Facility -People • Public Facility-Community Infrastructure -People
• Public Service -People -Individuals • Farade -Businesses or Jobs -People/Individuals
• Rehabilitation -Houses -Households • Economic Development -Jobs or businesses -Individuals/People
Number Performance CDBG Cost Per Total CDBG Non-CDBG
Served Indicator Unit Cost Match
Example 5 Households $5,000 $25,000 $25,000
1st Quarter 4431 Pe ople
2nd Quarter 4431 People
3rd Quarter 4431 People
4th Quarter 4431 People
*TOTAL SERVED 17,725 People $1 .9746 $35,000 $36,100
8. Of the total number "Served" listed in the above table, please categorize your clientele by the following criteria:
Number of clients below 30% median income *Total must
Number of clients below 50% median income match total -------------Number of clients below 80% median income 12,665 Served above. ------'---------
Number of elderly clients
Number of minority clients
Number of disabled clients
2018 CDBG Application
Tot a I Pasco residents served 17,725 ------'---------_____________ Supplemental
housing -------------information -------------
2
I Number of Female Head of Hou seho ld
9. What is the dollar amount of CDBG funds yo ur agency has received in the past three years?
2015 2016 2017
Kennewick
Pa sco $20,000 $20,000 $20,000
Richland
10 W hat impact will your project have i n the community? How will you mea sure your su ccess?
Thi s will provide wholesome recreational opportunities for underpriv ileged members of the community
especially youth during the critical after-school hours. We will measure our success by the number of
partici pants and dail y participation.
11 The following are the maximum income gu idelines for 2016 CDBG funded programs (80% is the ma xi mum
eligible). Th ese guidelines will b e updated in early 2018.
2017 HUD income Limit Guidelines for Kennewick -Pasco -Richland Effective June 6, 2016
1 Person 2 People 3 People 4 People S People 6 People 7 People 8 People
30% 13,700 16,240 20,420 24,600 28,780 32,960 37,140 41,320
SO% 22,800 26,0S0 29,300 32,550 35,200 37,800 40,400 43,000
80% 36,500 41,700 46,900 52,100 56,300 60,450 64,650 68,800
Median 45,600 52,100 58,600 65,100 70,400 75,600 80,800 86,000
For Information Only, 2018 Income Limits will apply.
12 Give a detailed breakdown of the total bud get for this project by line item. Show wher e t he CDBG funds you
are requesting will be applied toward t he line items listed bel ow. List any other sources of funds you will use
to match with the CDBG funds. Your total ex p enses should equal the amount of CDBG fun d s req uested and all
other source funds. Plea se provide su pplementary documentation for the budget if available.
Expense Reque sted CDBG Other Fund s Source of Other TOTAL BUDGET Funds Funds
PERSONNEL:
Salaries $35,000 $5,000 General Fund $40,000
Delivery
OPERATIONS:
Rent /Lease
Utilities $28,100 General Fund $28,100
Supplies $3,000 General Fund $3 ,000
CONSTRUCTION :
Engineering
Materials
Labor
Contracts
Incidentals
PROPERTY:
Purch ase Price
Closing Co sts
OTHER (Describe):
2018 CDBG Ap p lication 3
I TOTAL $35,000 $36,100 $71,100
13 Are the above "other sources" of funds secured? Provide documentation of budget for source of other funds:
Yes, they are from the City General Fund
14 If you do not receive the requested funds, or r eceive only a portion of what you request, what will you do?
First we will look for additional general fund support. Second, some services may have to be cut.
15 If your request includes recurring cost s such as staff time, supplies, etc., what is your plan to secure funds for
these needs in the future? (The purpose of CDBG funds is not to fund projects that are the general
responsibility of government or to maintain the operation of a non-profit organization.)
The plan would be to look for sponsors, grants and donations. As well as requesting greater general fund
dollars and charging more user fees.
16 Self-Assessment, Check "yes" or "no" for each of the following questions:
Risk Assessment Question? Yes No
1. Is your organization new to the CDBG program? • X
2. Is this a new activity for the organization? • X
a. Has this activity been completed successfully in prior years? X • b. Have CDBG performance goals been met in prior years? X •
3 . Does the organization have unresolved audit findings? • X
4 . Is staff responsible for the CDBG project new or inexperienced? • X
5. Does your project displace or relocate any individua l or business? • X
6 . Does your project involve construction/ renovation? • X
a. Do you own the property? X •
b. Do you have experience with federal Davis-Bacon wage requirements? X •
7 . What type of CDBG activity is your project? (Choose one)
1) Administration • 2) Public Service X
3) Economic Development •
4) Affordable Housing (acquisition/rehabilitation, etc.) • 5) Public Facility (Buildings/Parks, etc.) • 6) Code Enforcement • 7) Community Infrastructure (curb/gutter/sidewalks/sewer/water, etc.) •
8) Revitalization (Describe):
•
2018 CDBG Appli cation 4
Certifications and Assurances
I/we make the following certifi cations and assurances as a required element of the Application to which it is
attached, understanding that the truthfulness of the fa ct s affirmed here and the continui ng compli ance with these
requirements are condition s precedent of the award or continuation of the related contract(s).
The City of Pa sco reserves the right at its sole discretion to reject any or all applications received w ithout penalty
and is not obligated to enter into a contract of any applicant. Incomplete, late or ineligible Application packets ma y
be returned to the applicant without further con sideration .
I understand that the City will not reimburse for any co st s incurred in the preparati on of this Application. All
applications will become the property of the City, and I/we claim no proprietary right to the ideas, writings, item s
or samples.
SUBMITTED BY :
K,'dc Tuw~, 1trl-ai ,')'") fuh lie ubrt.s TXvedt,,
Printed Name & Title
Date
2018 CDBG Application 5
2018 CDBG Application
-• • :-..4 '
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• ~ l. ~ ",\
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ATTACHMENTS
1
Community Development Block Grant Application
2018 CDBG Program Year
Public Service Special
Attachment #1
Complete this page if you are continuing a "Public Service" activity
1. When was your agency organized/ formed? 1891 ----------------------
2. We are a: __x_ Washington State Municipal Corp D non-profit D faith-based
3. Does your agency have federal IRS non-profit status? Yes__x_ No •
4 . List any required accreditation your agency/ staff must have in order to do business:
None
5. To what other agencies have you applied for funding and what commitments have you obtained for this
purpose?
City General Fund
6 . Will CDBG funds be used to assist in leveraging or matching other funding?
7 . Is this the first year for the program?
a. Year began:
8 . If you receive funding for 2018, how will your program be funded in the future?
Anticipate CDBG Funding in 2019 and city funding through the City General Fund
YesD
YesO
No __x_
No__x_
9. If you received CDBG funding in prior years and are requesting increased funding, please quantify the increase
in se rvice that you will provide and explain new demand or unmet need in the community for the increase in
se rvice .
Requesting the same as was requested in 2017
2018 CDBG Application 2
COMMUNrIY DJ:, VELOPMENT DEPAR7 MENJ 509-545-3441 FAX 509-545-3499
P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO, WASHINGTON 9930 1
Mr. Dan Dotta, Interim Director
City of Pasco-Administrative & Community Services
525 N 3rd Ave
PO Box 293
Pasco, WA 9930 l
May 8, 2018
Subject : C-2018-2-2, CDBG Subrecipient Agreement Award
370 Civic Center Recreation Specialist Letter to Incur Costs
Dear Mr. Dotta:
I am pleased to infonn you that subject activity has been selected by the Pasco City Council (Resolution 3795) to receive up to
$20,000 in 2018 Community Development Block Grant (CDBG) funds. This award is contingent upon receipt of Community
Development Bloc k Grant entitlement award from the U. S . Department of Housing and Urban Development (HUD).
This award is based on your eligibility review of your 2018 CDBG Grant application fo r Civic Center Recreati on Specialist. Any
departure from the information in the application, as approved, such as changes 10 the scope of work, budget or schedule may
lead to the rescission of the award. Please notify this department in writing immediately of potential changes of thi s nature.
This letter allows your organization to incur costs in an amount not 10 exceed ten percent of your award for the following
activities not requiring an environmental review, which may be needed to begin your project:
• Prel iminary environmental studies and review of 24 CFR 58.5 laws and authorities including Section I 06 of the National
Hi storic Preservation Act of 1996;
• Preliminary engineering feasibility s tudies 10 the extent needed for the environmental assessment;
• Project related administration costs including s taffi ng, advertisements and other administrative expenses;
When work is started on the basi s of this letter, CDBG procurement procedures, terms, and requirements must be met for
development of contracts and agreements for any of the above activities. Construction projects requiring an environmental review
cannot be committed (contracts signed or work started), nor can HUD or non-HUD funds be committed, 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.
All activities mus t meet the full requirements of2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements fo r Federal Awards. Eligible costs will be reimbursed only after a written agreement has been formally executed,
an environmental review is complete, and all costs to deemed 10 be allowable, reasonable and necessary.
Krystle Shanks will assist in developing this contract which we expect to finalize within 7 days from execution of the fin al HUD
award letter. In preparation, staff from your organization may request an electronic copy of Playing by the Rules s ubrecipient
handbook or individual g rants management training. If more than one request for training is received a CDBG Management
Workshop will be scheduled 10 accommodate those requests. You may contact me directly at (509) 543-5739 or via email at
pitmana@pasco-wa.gov or by contacting Krystle Shanks at (509)545-3441 or via email at shanksk@pasco-wa.gov. We look
forward t o working with you on this worthwhile project.
Enclosures: Written Agreement
Sincerely,
~i. Pirrk:m
Angela R . Pitman , CDBG Administrator
Community & Economic Development
EXHIBITB
State and Federal Requirements and Assurances
B -1
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 197 4 , as amended through 1992:
Sections 109; 104 (b) 4; 104 (d); and 104 (I), 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 Ill 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 . 4831b)
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 ANO 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 W ildlife 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 Cultura l 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(i))
22 . Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agenc y -40 CFR Parts 6 , 51, and 93)
STATE
1. Relocation Assistance and Real Property Acquisition Polic y, 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 Build ing Standards, Chapte r
19.27 A RCW; and Provision s i n Buildings for Aged and Handicapped Persons , Chapter
70.92 RCW
5 . lnterlocal 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
s. Governor's Executive Order 89-10, December 11 , 1989: Protection of Wetlands , and
Gov ernor's Executive Order 90-04, April 21, 1990: Protection of Wetlands
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
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 perform ing 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 identifyi ng 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 w ith the Subrecipient. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2 . ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties . No other
understandings , ora l or otherwise , regarding the subject matter of this Agreement shall be deemed to
exist or lo bind any of the parties hereto.
3 . AMENDMENTS
This Agreement may be amended by mutua l 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 part ies .
4 . ASSIGNMENT
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 lo enforce Contract terms, each party agrees to bear its own attorn eys 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 audi1able records.
The Subrecipient is responsible for any audit exceptions incurred by its own organization or that
of its Contractors.
City reserves the r ight to recover fro m the Subrecipient all disallowed costs resulting from the
audit.
Subrecipient Agreement for Federal Funds
GENERAL TERMS ANO CONDITIONS
As applicable, Subrecipients required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Government Audit ing
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 -0MB 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 (0MB) Revised Circular A-133 "Audits of States, Local Governments,
and Non-Profit Organizations." Revised 0MB A-133 requires the Subrecipienl 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 0MB Circular A-110 "U nifonn
Administrative Requirements for Grants and Agreements with Institutions of H igher Education,
Hospitals, and Other Non-Profit Organizations."
The Subreclplent shall i nclude the above audit requirements in any subcontracts.
In any case, the Subreciplent'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
0MB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of th e
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 bei ng
received by City.
• Copy of the Management Letter
Subrecipient Agreement for Federal Funds 2
GENERA L TERMS AND CONDI T IONS
7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION-PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A . Subreciplent, 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 e xcluded from covered transactions by any Federal department or agency.
2 . Have not w ithin 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 Stale antitrust statutes or commission of embezzlement,
theft, forgery, bribery, fals ification or destruction of records, making false statements, ta x
evasion, receiving stolen property, making false claims , or obstruction of justice;
3. Are not presently indicted for o r otherwise criminally or civilly charged b y 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 thi s Agreement had one or more
public transactions (Federal, State, or local) term inated for cause of default.
B. Where the Subrecipient is unable to certify to any of the statements in this Agreement, the
Subrecipi ent shall attach an exp lanation to this Agreement.
C . The Subrecipient agrees by signing thi s Agreement that it shall not knowing ly enter i nto an y lower
tier covered t ransaction w ith a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from partic ipation in this covered t ransaction, u nless authorized by City.
0 . The Subrecipient further agrees by s i gning 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
VO LUNT ARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor cert if ies, by signing this Agreement that neither ii nor its principals is
presently debarred, sus pended, proposed for debarment, declared ineligible, or voluntar il y
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 s ectio n , have the meanings set out in the Definitions and Coverage sections of the
rules implementi ng Executive Order 12549. You may contact City for assistance in obtainin g 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 i s designate d as ·confi denti al" by City;
2 . All material produced by the Subrecipienl that is designated as "confidential" by City; and
Subrecipient Agreement for Federal Funds 3
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 (Hf PAA).
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.
9. CONFORMANCE
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, !Ille, 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 plaoed upon the Materials by the
Subrecipient.
Subrecipient Agreement for Federal Funds 4
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 part ies and ii
cannot be resolved by direct negotiation. either party may request a dispute hearing with the Director
of City, who may designate a neutral person lo decide the dispute .
The request for a dispute hearing must:
e 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 d ispu te .
The respondent shall send a written answer to the requestor's statement to both the Directo r 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 p roceeding.
T he parties agree that this dispute process s hall precede a ny action in a judicial or quasi-j udicial
tribunal.
Nothing In this Agreement shall be construed to limit the parties· choice of a mutually acceptable
alternate dispute resolution {ADR) method in add ition 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
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.
16. INDEMNIFICATION
To the fullest extent permitted by law, the Subrecipient shall indemnify, defend, and hold harmless the
state of Washin gton. 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 Subreciplent's
obligation to indemnify, defend, and hold harmless includes any claim by the Subrecipient's agents,
employees, representatives. or any Subcontractor or its age nts. employees, or representatives .
Subrec ipient Agreement for Federal Funds 5
GENERAL TERMS AND CONDITIONS
The Subrecipient's obligation to indemnify. defend, and hold harmless shall not be elim inated 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 prem iums or penalties on
behalf of its employees as may be required by law, City may collect from the Subrecip ient 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&l'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, Regulations and Circulars (Federal)
A. Audits
Office of Management and Budget (0MB) 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 et 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 6
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, Pub lic 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 C irculars
Cost Principles for State, Local and Indian Tribal Governments, 0MB Circular A-87 , 2 CFR, Part
225.
Cost Principles for Nonprofit Organizations, 0MB Circular A-122 (if the Subrecipient is a nonprofit
organization).
Grants and Cooperative Agreements with State and Local Governments, 0MB 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, 0MB Circular A-1 10.
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 lier 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 d is closures 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 7
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.
0. 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 Subrecipienl 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 federa l, stale, 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 cand idacy 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 p revailing
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
Subrecipienl Agreement for Federal Funds 8
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 Subreciplent which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with 0MB 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 0MB 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 9
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
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.
28. RECAPTURE
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 Subrecipienl shall maintain all books. records, documents, data and other evidence relating lo
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. Subrecipienl shall retain such
records for a period of six years following the date of final payment.
If any litigation, c laim 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 . Fo r cause,
City in writing may: (a) require the Subrecipienl to amend its subcontracting procedures as they relate
Subrecipienl Agreement for Federal Funds ,o
GENERAL TERMS ANO 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 lo release or reduce the liability of the Subrecipient to City for any breach in t he
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 term ination 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 effecl 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 lo 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 lo City all of the rights. title, and interest of the Subrecipienl 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 potentia l 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 remed ies 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 wa iver 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
__ FFATA (All)
__ PROGRESS REPORTS (All)
EXHIBITC
Reports and Forms
__ PROGRAM INCOME (Economic Development or Revolving Loan Funds)
__ CONTRACTOR COMPLIANCE FORM (All)
__ CONTRACTOR/SUBCONTRACTOR ACTIVITY (Constru ction Only -Over $10,000)
__ LABOR COMPLIANCE REPORT (Construction Only -Over $2 ,000)
__ SECTION 3 PLAN (All -$100,000 and over in Awards and/or Contracts)
C-1
CITY OF PASCO
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
QUARTERLY REPORT
HUD ID 370 Public service activities other than LMH
EXHIBIT C
Quarter (Q#,YR): 2018 Report Date: 10/22/2018
Report Period: 0 #1,Jan,Mar. 0 #3, July,Sept.
Reports are due on the 15th the month following the end of the quarter: 4 /15, 7/15, 10/15 and 1/15
Sub/Recipient: City of Pasco ,Adminis trative &: Community Servi ces
Proj ect: C , 2018, 2 , 2 Civic Center Recreation Specialist
Person Completing Proj ect:
ob Title:
Contact Telephone Number
New World Project ID GR4CDTR18CC
NOTE: Information must be prepared for "NEW" unduplicated person or households as compared
to what has been reported on the previous quarterly report.
ACCOMPLISHMENT DATA (PROJECTED 17725 People Assisted)
Total Project Beneficiary count is b y: LMA
•Individual •Family •Household or
•Area Benefit
Project Lo cation (Site Address or Parcel Number): 525 N Third Avenue
1. Describe Current Status of Project (for example: planning, procurement, pre,development,
permitting, construction, activity underway, service marketing, e t c.) and Current Focus of
Activity:
2. Describe Significant Actions Taken During Report Period:
3. Describe and Provide Reasons for Changes in Original Project Goals/Milestones:
4 . Number of beneficiaries served below, at or above area median income:
LM AI,C ivic Center Ne ighb orhood , Publi c parks' se rvice areas ar e defined as encom passing a one mile
r adius surrounding the p ar k. Excluded fr om t his service ar ea are the neighborhood s north of 1,182 and
Exhibit C -Public Ser vices
east of the BNSF railroad w hich serve as natural boundaries. Service Area Boundary: H82/14th Avenue
north west and T acoma/lst Street to the Columbia River south east. CT.BG 201.3, CT202.1.2.3, CT
203.1.3, CT 204.1.2.6 (LMISD 8/4/2017 12665 LM /17725 LMU 71.5%)
Extremely Low
At or below 30%
Low
O R
Moderate
51%-80%
Non -
Low /Moderate
Above 80%
T o t al Number of Single h ead of household § ( do not include one person households)
Total Number of Elderly
Tota l Number Disabl ed
I NOTE: Number of Persons by Race ( total should equal total number of Persons served liste d above)
5. Please fill in one ethnicity category for each person served:
ETHNICITY ______ Hispanic or Latino
Not H ispanic or Latino ------
TOTAL ETHNICITY
6. Please fill in one RACE category for each person served:
RACE ______ American lndian/ Alaskan Na tive
Black/ African American ------
Native H awaiian/Pacific Isla nder ------
Asian ------
------White (includes Hispanic or Latino)
TOTALRACE
NOTE:Total # persons s e rved must equal the count in the race and ethnicity categories above.
7. During this Project P eriod Were CDBG Funds Expended?
T ot al Non-CD BG Project Funds Expended report Period
T ot al CDBG Funds Expended During Report Period
TOT AL funds expended during report p eriod
Describe Other Project Funds Expended During Report Period:
Source
Exhibit C -Public Services
•YES •NO
$
$
$
$
$
$
$
Amount
Signature of Authorized Representative
Type Name Date
Exhi bit C -Public Services
CITY OF PASCO
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
QUARTERLY REPORT
HUD ID 370 Public service activities other than LMH
EXHIBITC
Quarter (Q#,YR): 2018 Report Date: 10/22/2018
Report Period: 0 #1,Jan,Mar. •tn, Apr.,june 0 #3, July,Sept. O #4,0ct., Dec.
Reports are due on the 15th the month following the end of the quarter: 4 /15, 7/15, 10/15 and 1/15
Sub/Recipient: City of Pa sco,Adminis trative & Community Services
Projec t : C , 2018, 2 , 2 Civic Center Recreation Specialist
Person Completing Project:
ob Title:
Contact Telephone Number
New World Proj ec t ID GR4CDTR18CC
NOTE: Information must be prepared for "NEW" unduplicated person or households as compared
to what has been reported on the previous quarterly report.
ACCOMPLISHMENT DATA (PROJECTED 17725 People Assisted)
Total Project Beneficiary count is by: LMA
•Indivi dual 0Family •Hou seh old or
•Area Benefit
Project Loca tion (S ite Address or Parcel Number): 525 N Third Aven u e
1. Describe Current Status of Project (for example: planning, procurement, pre,development,
permitting, construction, activity underway, service marketing. etc.) and Current Focus of
Activity:
2. Describe Significant Actions Taken During Report Period:
3. Describe and Provide Reasons for Changes in Original Project Goals/Milestones:
4. Number of beneficiaries served below, at or above area median income:
LMAl ,C ivic Center Ne ighborhood , Public parks ' service areas are defined as encompass ing a on e mil e
radius surrounding the park. Excluded fro m this servi ce area are the neighborhoods north of H 82 and
Exhibit C -Public Services
east of the BNSF railroad w hich serve as natural boundaries. Service Area Boundary: l-182 /14th Avenue
n orth west and Tacoma/1s t Street to the Columbia Ri ve r south east. CT.BG 201.3 , CT202.l.2.3, CT
203.1.3, CT 204.1.2.6 (LMISD 8/4 /201712665 LM /17725 LMU 71.5 %)
OR
Non -Extremely Low
At or below 30%
Low
31%-50%
Moderate
51%-80% Low /Moderate
Above 80%
T o ral Number of Single head of h ousehold § ( do not include one person households)
T oral Number of Elderly
T oral Number Disabled
I NOTE: Number of Persons by Race (total should equal total number of Persons served listed above)
5. Please fill in one ethnicity category for each person served:
ETHNICITY ______ Hispanic or Latino
------Not His panic or Latino
TOT AL ETHNICITY
6. Please fill in one RACE category for each person served:
RACE ______ American Indian/Alaskan Na tive
Black/ African American ------
Na tive Hawaiian/Pacific Islander ------
Asian ------
------White (includes Hispani c or Latino)
TOTALRACE
NOTE:Total # persons served must equal the count in the race and ethnicity categories above.
7. During this Project Period Were CDBG Funds Expended?
T oral Non-CD BG Project Funds Expended report Period
T o tal CDBG Funds Expended During Report Period
TOT AL funds expended during report period
Describe Other Project Funds Expended During Report Period:
Source
Signature of Authorized Representative
Exhibit C -Public Services
•YES •NO
$
$
$
$
$
$
$
Amount
Type Name Date
Exhibit C -Public Services