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HomeMy WebLinkAboutCity of Pasco - 2018 CDBG Subrecipient Agreement (372 Senior Citizen's Center Recreation Specialist)COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT DATA SHEET City Agency: Contract Number: Contract S igned : Contract Start: City of Pasco-Administrative & C-2018 -2-4 Contract End : Community Services Amendment: Mr. Zach Ratkai , Director Recreation Services 525 N 3rd Ave Pasco, WA 99301 BRIEF PROJECT SUMMARY ATTACH MENT 1-D 1/1/2018 12/31/2018 CDBG funds provide a portion of the salary and benefit s for recreation specialist to over see and operat e program at Pa sco's se n ior center . This facility's p rogr am provides su p ervisi on an d lead ersh ip necessary for p r ograms servi ng the elder ly of Pasco with suppor t services, nutrition, hea lth and livi ng skills support. PERFORMANCE INDICATOR : People Assis t ed, Publi c service activities othe r than LMH LOCAT IO N : 535 N Third Avenue SERV ICE AREA: PRESUMED BENEFIT -EL DER LY CONTRACT LINE ITEM DETAIL HUD IDI S HU D IDIS EST LINE NATI O NAL ACTIVI TY TITLE PROJECT ACTI V ITY UNITS ITEM OBJECTIVE N UM BER NU M BE R 2018-2 372 9 7 5 05A L M C Senior Services T otal Contract Amou nt NW PROJECT# GR4CDTR18SR CDBG CONT ACT DOLLA R A MO UNT $31,640.00 $31 ,640.00 Li sted be low is your CDBG B lock Grant Administrator with phone number and ema il address . P lease contact your grant administrator d irectly for te chnical assistance: Angie Pitman , (509) 543-5739, pitmana@ pasco-wa.gov PROJECT CONTACT This is th e contact p erson identified for Contract/Project Adminis tration. All infom1ation requests relating to yo ur contrac t/project wi ll b e sent to th is person. If this person has changed or c hanges during the course of your contract please in fo m1 Angie Pitman at (509) 543-5739 or by e mai l at: pitman a(cvpasco-wa.gov or note c hanges on this sheet and mail a copy so we c an keep o ur databa se updated . current Database lotormatjon First. ................. .Brent La st .................. Kubalek Address ............ 525 N 3rd Ave City .................. .Pasco State ................. WA Postal ............... 99301 Email ................ kubal ekb@pasco-wa.gov Phone .............. (509) 545-5790 CONTRACT FACE SHEET Agency City of Pasco-Administrative & Community Services 525 N 3rd Ave Pasco WA 9930 I Agency Representative Mr. Zach Ratkai Director City of P asco-Adm inistrative & Community Services (509) 537-2078 ra tka iz@ pasco-wa.gov Federal Funding Authority Contract N umber/HUD IDIS C-2018 -2-4 372 Start Date January 1, 20 18 Contract Amount $31 ,640 Modified Amount End Date December 3 I , 20 18 Modified Date U.S. D e pa rtment of Housing and Urban D evelopme nt (HUD) Federal Funds CFDA Number 14.218 Service Area 535 N Third Avenue Tax ID Number 91-6001264 Contract Purpose County Frankl in County Page Number I Number of Pages CDBG funds provide a portion of the sa lary and benefits fo r recreation s pecialist to oversee and operate program at P asco's senior center. This facility's program provi des s upervi sio n and leadership necessary for pro grams serving the e ld erly of Pasco with s upport services, nutrition, health and living skill s support. IN WITNESS WHEREOF, C ity of P asco and Contractor acknowledge and ac cept 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 ar e governe d by: Contract Cover Page This Face Sheet, Contract Document Attachment A: Statement of Work and B udget, Application & Letter to Incur Costs Attachment B : State and Federal Requirements and Ass urances , Genera l Conditions Attachment C: Reports and Forms City Representative: ?~'~ 10/n/, 8 Rick White, Director Date Community & Economic Development Agency Represe ntative: C ity of Pasco-Administrative & Community Se,,vices>?'/'J / r , / /.,' ~ \0 77_,,i Zac~ Ratkai , I),jfector ,_ · D te · Admin istrative & Community Services 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: 372 Contract Number: C-2018-2-4 Project Number: GR4.CD.TR.18.SR 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 372 Senior Citizen's 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, (he rein called Recipient Department) for the Senior Citizen's Center Recreation Specialist project (herein called the Project), HUD ID 372. Whereas, City has received an award (Federal Award Identification Number B-18-MC-53-0009) authorized 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-2018-2-4, 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 570.501(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 R esponsibilities The intent of thi s Agreement is as follows: CDBG funds provide a portion of th e salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supervision and leade rship necessary for programs serving the elderly of Pasco with support services, nutrition, health and living ski ll s s upport. The R ec ipient Department will complete in a satisfactory and proper manner as detem1ined by the City the following non-construction tasks to accomplish th e objectives of the project principally benefiting low-and moderate-income persons. The Recipi ent Department will periodically meet with the City to review the status of th ese tasks . C-2018-2-4 372 SEN IO R CENTER REC SPEC.D OCX Page I of 26 Principal Tasks • Project Mana gement • Financial Management & Internal Controls • Accomplishment & Financial Reporting • Recordkeeping • Civil Rights Compliance • R eporting • Procurement • Construction Contract Management • Labor Compliance 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 a ctions and all required work of the Federal award have been completed by the R ecipient D e partment. The City and the Recipient D epartment will comply with the closeout procedures of 2 CFR 200.343 and the post-closeout procedures of2 C FR 300.344. Activities during the closeout p eriod 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, di spos ing of program assets, determining the custodianship of re cords, and determining a records retention schedule. 3. AGREEMENT REPRESENTATIVES N otices r equire d by this Agreem ent sh a ll be in writing and delivere d via mail, personal delivery or sent by facsimile or othe r e lectronic m eans. Any notice de livered or sent as aforesaid shall be effective on the date of delive ry or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified b y subse que nt written notice. Each party to this A greem e nt shall have a re presentative. T h e person name d in th e agreement or appointed from time to time as re present ative, acts on b ehal f of the party. Each party may c hange its representative upon prov iding writte n n otice to the other party. Communication and d et a il s concern in g thi s contract sh a ll be directe d to th e following representati ves: C-2018-2-4 372 SENIOR CENTER REC SPEC .DOCX Pa ge 2 of26 Citv City of Pasco-Community & Economic Development Department Rick White, Director 525 N Third Avenue Pasco , WA 99301 (509) 545-3441 Phone (509) 545-3499 Fax whiter@pasco-wa.gov 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 Fax kubalekb@ pasco-wa.gov Email The City will pass through to the Recipient Department no more thap thirty-one thousand six hundred fourty and no/100 ($31,640) in CDBG funds for eligible incurred costs and expenses for the Project according to the following project budget. Project #GR4CDTR18SR -IDIS #372 Budgeted Amount Budget Element Salaries & Wages $31,640 Personnel Benefits Supplies Services Indirect Cost Rate: charge indirect 10% de minimis rate, or fill out "N/ A" declining to CDBGTOTAL $31,640 Non-CDBG (General Fund) or Other source, Specify $200,500 GRAND TOTAL $160,488 The City may require 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 Departme nt. C-20 18-2-4 372 SENIOR CENTER REC SPEC.DOCX Page 3 of 26 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 to carry out the purposes of the agreement. Funds available under this Agreement will be utili zed 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 performance 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 05A, Senior Services, the Recipient Department agrees to comply with the requirements of Title 24 CFR 570.20l(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)(2)-LOW-MODERATE CLIENTELE BENEFIT. PRESUMED BENEFIT -ELDERLY C. Levels of Accomplishment Proposed accomplishment: People Assisted 975 Levels of accomplishment may include such measures as persons or households assisted, jobs created or retained, facilities, etc. and also should include time frames for perforn1ance. To complete this proposal, the Recipient Departme nt will plan, administer and implement the proj ect as described in the Recipient Department's grant application includ e d in this Agreement as EXHIBIT A , which includes a d escription of the work to be performed, a C-20 18-2-4 372 SENIOR CENTER REC SPEC.DOCX Page 4 of26 schedule with b e nchmarks for achievement, and detailed budget. Any change(s) in the project scope, budget, location, or in the number of b eneficiaries served mu st be proposed and submitted in writing to the City prior to incurring any costs. Such changes will b e 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)(2). C. Funding Source Recognition The Recipient Department will ensure recogmt1on of the roles of U.S. Department of Housing and Urban Development, and the City of Pasco CDBG Program in providing 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, sigried 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 Tem1ination 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 de termines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or City may take one or more of the followin g actions, as appropriate in the circumstances: a. Temporarily withhold cash payme nts p ending correction of the deficiency by the Recipient Departme nt or more severe enforcement action by the City; b . Disallow (that i s, deny both use of fund s and a ny applicable matching credit for) all or part of the cost of the activity or action not in compliance; c. Wholly or partly s usp end or terminate the award ; C-20 18-2-4 372 SEN IOR CENTER REC SPEC.DOCX l'agc 5 of26 d. Initiate suspension or debam1ent 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 200.338-9, the City may suspend or terminate this Agreement in the 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 termination; 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 by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advancements 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 manne r discriminate against any employee or applicant for employment because s uch employee or applicant ha s C-20 18-2-4 372 SENIO R CENTER RE C SPEC.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 in stances 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 discloses the compensation of s uch other employees or applicants to indi v idual s 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 conducte d by the employer, or is consistent with the contractor's legal duty to furnis h 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 a ll 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. 11 246 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 comp li ance with such rules, regulations , and orders. g. In the event of the co ntractor'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 authorized 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 (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 No. 11246 of September 24, 1965 , so that such provisions will be binding upon each subcontractor or vendor. The contractor wi ll take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, liti gation with a subcontractor or vendor as a result of such direction, th e contractor ma y r equest th e United States to enter into s uch liti gation to protect th e interests of th e United States. (Sec. 202 amended by EO 11375 of O ct. 13 , 1967, 32 FR 14303 , 3 CFR , 1966-1970 Com p., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 4 6501 , 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 4297 1) C-20 18-2-4 372 SEN IO R CENTER REC SPEC.DOCX Pa ge 7 of 26 2. [All contracts that meet the definition of 'federally assisted construct ion 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 app licant her eb y agr ees that it w ill incorporate or cause to be in co rporated into any contract for constru ction work, or m odification th ereof, as defined in the regulations of the Sec retary of Labor at 41 CFR Chapter 60, w hich is paid for in whole or in part with fund s obtained from the Federal Government or borrowed on th e credit of the Federal Government pursuant to a g ra nt, contract, lo an, insurance, or guarantee, or undertaken pursuant to any Federal program invol v ing such grant, contract, loan , insurance, or guarantee, the following equal opportunity c lause: During the performance of thi s 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. T he contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to thei r race, color, religion, sex , sexual ori e ntation, gender identity, or national origin. Such action shall include, but not be limited to the following: b. 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 agrees to post in conspicuous places, available to e mployees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. c. The contractor will , in all solicitations or advertisements for employees placed b y or on behalf of the contractor, s tate that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender id entity, or national origin. d. The contractor will not discharge or in any other manner discriminate against any employee or appli cant for employment because such employee or applicant has inquired about, discussed , or disclosed the compensation of the emp loyee or applicant or another e mployee or applicant. This provision s hall not appl y to in sta nces in which an emplo yee who has access to the compensation information of other employees or applicants as a part of such e mployee's essential job function s dis closes th e compensation of such other emplo yees or applicants to individuals who do not otherwise have access to s uch informatio n, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investi gation, proceeding, hearing, or action, inc luding an investigation conducted b y th e employer, or is consistent w ith th e contractor's legal duty to furnish information . e. The contractor w ill send to each labor union or representative of workers with which he has a collective bar ga ining agreement or other contract or understanding, a notice to be provided adv is ing the said labo r union o r workers' representatives of the contractor's com mitm ents under thi s section, and sh all pos t cop ies of the notice in conspic uous pl aces ava il abl e to emplo yees a nd app li cants for emp loyme nt. C-20 18-2-4 372 SEN IOR CENTER REC SPEC.DOCX Pa ge 8 o f 26 f. The contractor will comply with all prov1s1ons of Executiv e Order 1124 6 of September 24, 1965 , and of the rules, regulations, and rel e vant orders of the Secretary of Labor. g. The contractor will furnish all information and re ports 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 pem1it 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. h. 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. 1. 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 supervis ion 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 ente ring into any contract or contract modification subject to Executive Order 11246 of Septe mber 24, 1965 , with a contrac tor deba1Ted fr o m, or who has not demonstrated eligibility for, Gove rnm e nt contracts and C-2018-2-4 372 SEN IOR CENTER REC SPEC.DOCX Page 9 or 26 federally assisted construction contracts pursuant to the Execut ive Order and wi ll carry out such sanctions and penalties for violation 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 app li cant 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 extendin g 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 perfomrnnce 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. 3 145 ) 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 compli ance with hour and wage requirements of this part. Such documentation shall be made available 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 Depaitment 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 shall pay a ll mechanics and laborers emp loyed 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 R ecipient Department will post the scale of wages to be paid in a prominent and easily accessib le 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 emp loyed by the R ecipient D epartment or any subcontractor on the work the difference between the rates of wages required b y the contract to be paid labore rs and mechanics on the work and the rates of wages received by the labore rs and mechanics and not r efu nd ed to the Recipient Department or subcontractors or their agents. C-20 18-2-4 372 SEN IOR CENTE R REC SPEC.DO CX Page 10 of26 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 re quirements 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 conformance 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 Federa l 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 ass isted) with CDBG funds, including its location (if the activity has a geographical locus), the amount of CDBG fund s budgeted, obligated and expend ed for th e activity, and the provi sion in s ubpart C under which it is e li gi bl e; b. Records demonstrating that each activity unde rtake n mee ts 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 detem1inations required as a condition of eligibility of certain act iv ities, as prescribed in 24 CFR 570.20l(f), C -20 18-2-4 372 SENIO R CENTF.R REC SPEC.DOCX Page 11 of26 ,, 570.20l(i)(2), 570.20l(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 ofreal 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; (. Records . that demonstrate compliance with the citizen 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 prevai ling 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 L Other rec0rds 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 Revi ews • National Flood Insurance program , • Displacement, relocation, acquisition and repl acem e nt of housin g • Employment and contracting opportunities • Lead Based Paint • Use of Debarred, suspended or ineligible co ntractors or subrecipien ts • Un iform administrative requirements a nd cost principles • Confl ict oflnterest C-20 18-2-4 372 SE NI O R CENTER REC S PEC.DOCX Page 12 of26 • Executive Order 12372 • Eligibility restrictions for certain res id 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 b ooks, documents, papers a nd records of the Recipient Department that are directl y p ertinent to thi s Agreement for the purposes of makin g audit, examination, excerpts and transcriptions. All s uch records and all other records p ertinent to this Agreeme nt and wo rk 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 lon ger 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 Rec ipient Department. Failure of the Recipient D epartment to comply with the above audit requireme nts 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 re cords with r es pect to any matters covered b y 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 D epartment shall maintain beneficiary data demons trating eligibility for services provided. Such data shall include, but not be limited to, name, address, income level or other basis for determining eli gibility, and descript ion of service provide d. Such information shall be made available to City or their d es ignees for revi ew upon request. T he R eci pi e nt De partment und e rstands that beneficia ry information collected under this co ntract is private and the use or disclos ure of s uc h information, when not directly connected with the administration of the C ity's and/or Recipient D epartment's responsibilities w ith res pect to services prov ided und er thi s contract, is prohibited unl ess written consent is obtained from such person receiving servi ce and, in th e case of a minor, th at of a respons ibl e parent/guardi an. C-20 18-2-4 37 2 SEN IO R CENTER RE C SPEC.DOCX Page 13 o f 26 C. Reporting 1. Program Income The Recipient Department will report annually all program income, as defi ned by 24 CFR 570.500, generated by activities cmTied out with CDBG funds made ava ilable under thi s Agreement. The use of program income b y the R ecipi ent Department will comply w ith the requirements set fort h by 24 CFR 570.504. The Recipient D epartment may use such income during the contract period for activities p ermitte d under this contract and shall reduce any request for additional funds by the amount o f 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 s hall 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 will 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 (FF ATA), 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 FFATA reporting form must be completed immediately and returned to the City to facilitat e required FF AT A information reporting. D . U se and Reversion of Assets The use and disposition of real property and e quipment under this Agreement will be in compliance w ith the r equirements of 2 CFR 200.311 and 3 13 , 24 CF R 570.502, 570.503, 570.504, as applicable, w hich include but are not limite d to the following: 1. The Recipient Department will transfer to th e C it y an y C DBG funds on hand and an y accounts rece ivabl e attributa bl e to the use of funds under this Agreement at the time of expiration, cance llation , or te rmination. 2. Real property under the Recipient Department's contro l that was acquired or improved, in w hole or in part, w ith funds unde r this A gr eement in excess of $25 ,000 will be used to m eet one of the CDBG National Objectives pursuant to 24 CFR 570 .208 until five (5) C-2018-2-4 372 SEN IO R CENTER REC SPEC .DOCX Page 14 of26 years after the contract is closed. If the Recipient Department fails to use CD BG-assisted real prope rty 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 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 rece iving federal funding assistance. (42 U.S.C . 610 et. seq .) 4. Section 504 of the Rehabilitation Act of 197 3, as Amended No otherwise qualified individual will, solely by reason or his or her di s ability, be excluded from participation (including employme nt), denied program bene fits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) 5. Public Law l O 1-336, America ns with Dis abilities Act of 1990 Subj ect to the provisions of this title, no qua lified indiv idual with a di s ability will, by reason of s uc h di s ability , b e exclude d from p a rti c ipation in or b e denied the b e nefits of the services, programs , or activities of a public e ntity, or b e s ubjected to di scrimination by any such entity . C-20 18-2-4 372 SEN IO R CENTER REC SPEC.D OC X Pa ge 15 o f 26 6. Architectural Barriers Act of 1968, as Amended Certain fed e rally-funded building or facilities shall be des igned, 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 Unifom1 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 perfom1ed 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 b y the Secretary of HUD, 24 CFR 135. The Recipient Department will not subcontract with an y subcontractor where it has notice or knowledge that the latter has been found in v iolation of reg ulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first prov ide d it with a preliminary statement of ability to comply with the re quirements of th ese regulations. C-20 18-2-4 372 SEN IO R CENTER REC S P EC .DOCX Page 16 of 26 5. Compliance with the provisions of Section 3, the regulation s set forth in 24 CFR 135 , an d all app li cabl e rules and orders of HUD and the C ity issued h e reunder prior to the execution of the contract, wi ll be a condi tion of the federa l fin ancial ass istance provided to the project, binding upon the Recipient Department of such ass is tance, its successors, and ass ig n s. Fai lure to fulfill th ese req uirem ents wi ll subj ect the Recipi e nt D epartment, its consultants and subcontractor s, its successors and assigned to those sanctions specified by thi s Agreement, and to su c h sanction s as are s pecified b y 24 CFR 135. C. Conduct 1. Assignability The Recipient Department will not assign or transfer any interes t in this Agreement without the prior written consent of the City thereto ; prov ided, however, that claims for money due or to become due to the Recipient Department from the City under thi s contract may b e assigned to a bank, trust company, or other financial instit ution w ithout such approval. No tice of any such assignment or transfer wi ll be furni shed promptly to the City. 2. Conflict of Interest No member of the C ity's governing body and no other public official of such locality, who exercises any function s or res pons ibilities in connection with th e planning or carrying out of the proj ect, w ill have any personal financial inte rest, direct or indirect, in thi s Agreement; and the Recipient Department will take appropriate steps to assure compliance. The Recipien t D epartment agrees to abide by the provisions of 2 CFR 200.31 8 and 24 C FR 570.611, which includes maintaining a written code or s tandard s of conduct that will govern the p erformance of it s officers, employees or agents engaged in the award and admini stration of contracts s upporte d b y Federal funds. The Recipient D ep artment covenants that its e mployees have no interest and wi ll not acquire interest, direct or indirect , in the study ar ea or any parcels therein or any other interest which would conflict in any m anner or degree with the perfo rmance of serv ic es h ereunde r. The R ecipient D epartme nt further covenants that in the performance of this Agreement, no person having such interest will b e employed by the R ecipient D epartme nt. 3. Certification regarding D eba rn1 ent, Suspe nsion, Ine li gibility and Voluntary Excl usion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently d ebarred , su spe nde d, proposed for debarme nt, declared in e li gible, o r voluntarily excluded from participation in thi s transaction b y an y Fed eral d epartme nt or agen cy. b. Whe re the lower tier contractor is una bl e to certify to any of the s tateme nts in thi s contract, su ch contractor wi ll attac h an explanati o n to this con tract. c. The contractor further agrees b y s igning thi s contract that it w ill not knowing ly enter into any lower ti e r covered transaction w ith a person who is debarred , suspended, declared ine li g ibl e, or vo luntari ly exc luded from partic ipation in t hi s covered tran sacti on . C-20 18-2--l 372 SEN IOR CENTER R EC SPEC .DOCX Page 17 of 26 D. Procurement The Recipient Department shall undertake to en sure that all subcontracts let in the perfomrnnce of this Agreement s hall 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 w ith documentation concerning the selection process. E. Subcontracts The Recipient Department may, upon the City's specific written approval of the contract ins trument, 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. 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 u se, the wo rk 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 proselyti zation. 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 An1endment (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 d egradation, risk to health or safety or other undesirable and unintended consequences. An overall environmental review, which includes completion of a s tatutory checklist, determination of significant impact, and publication of a finding of signifi cant impact or finding of no significant impact for each project by s ite address, i s required. Such environment review will be completed by the City. The Recipient Department will supply the C ity any and all information required to make final detern1ination of environmental impact once an individual site address has been identified. The R ecipient Department mus t submi t e nvironmental checklists and documentation to the City prior to committing any funds to a project or requesting th a t fund s be released for the project. The City must certify that th e proposed project wi ll not signifi cantl y imp act the C-20 18-2-4 372 SEN IO R CENTER REC SPEC DOCX Page 18 of 26 environment and that the Recipi ent 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 shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead Based Paint Subpart B of 24 CFR Part 35 and Section 401(b) of the Lead Based Paint Poisoning Prevention Act apply to CDBG assisted rehab and construction requiring that lead based paint hazards must be eliminated to the extent practicable. The 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 National Historic Preservation Act of 1966 , as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In g eneral, this requires concurrence from the State Historic Preservation Office r 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. C-201 8-2-4 372 SEN IO R CENTER REC SPEC.DOCX Page I 9 of 26 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 W AIYER 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 prov1s1on. 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. C-2018-2-4 372 SEN IOR CENTER REC SPEC.DOCX Page 20 of 26 IN WITNESS WHEREOF, the City and th e Recipi e nt Depa rtment have executed this A greement as of the date a nd year las t written below. CITY OF PASCO Byczj~ " Rick White, Community & Economic Development Director Date: _(_0~(7~2_{{~f? ____ _ Approved As To Form: Leland B Kerr, City Attorney C-20 18-2 -4 372 SEN IOR CENT ER REC SPEC.DOC X Pa ge 2 1 o f 26 RECIPIENT DEPARTMENT By: Zach Ratkai , C it y of Pasco- Administrative & Community Services Director Date: _\o_1_z_~1-I t ____ _ 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 supporti ve services Project Title: HUD ID 372 -Senior Citizen's Center Recreation Specialist Project Description: CDBG funds provide a portion of the salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supervision and leadersh ip necessary for programs serving the elderly of Pasco with support services, nutrition, health and li ving skills support. Objective category: Suitable Living Environment Outcome category : Availability/ Accessibility Location/Target Area: 525 N Third Avenue, Pasco, WA 99301 PRESUMED BENEFIT -ELDERLY The primary purpose of the project is to help: D the Homeless D Person s with HI V/AIDS Objective Number Project ID SLE--4 0002 HUD Matrix Code CDBG Citation 05A-Senior Services 570.201(e) Type of Recipient CDBG National Objective City LMC-570.208(a)(2) Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 1/1/2018 12/31 /2018 Performance Indicator Annual Units 3 -People Assisted 975 Local ID Units Upon Completion GR4CDTR 18SR D Pe rson s wi th Di sabilit ies Funding Sources: CDBG Other Funding HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA ESG Total D Pub lic Housing Needs CDBG ................................... $3.1,640 . ........... $200,500 .. 00 ... 0 0 ..................................................... 0 0 0 0 0 $232,140.00 Applicant Address Project Name Contact Person Telephone Federal Tax ID# CDBG Funds Requested C-2018-2-4 HUD Senior Citizen's Center Recreation Special ist Community Development Block Grant Application 2018 Program Year City of Pasco-Administrative & Community Services 525 N 3rd Ave, Pasco, WA 99301 1'1 Avenue Center -Senior Se rvices Dan Dotta, Acti ng Director A&CS 509-543-5757 Email dottad@pasco-wa.gov 0916001264 (required) $37,500 DUNS# 009974598 (required) Leverage ..jfZ,o0,.1:,0D 1. Describe your project and its proposed location, including what exactly the CDBG funds will be used for, a description of the persons you will be serving, and why the project is needed. Fun ding is needed for staffing to provide services to people 50 and ol d er. These services help to provide social, m ental and physical needs of seniors within Pasco . The se rvices include fitness, footcare m eals, educational, presentations, arts and crafts, and other leis u re activities. Most services are provided free t o se nior ci t izens and will take place at the 1st Aven ue Cente r building located on 505 N. 1st Ave., Pasco, in front of the multi-modal building. 2. Describe the unmet need in the comm unity using st atistics, demographics or other factual information. Though Pasco has a relatively low 65+ senior population (6. 7%), Pasco also has the lowest per capita income level in the Tri-Cities area. Pasco also has the fewest number of senior living housing complexes which limits the availability of activities and socia l opportunities avai labl e to Pa sco's senior population. Thi s helps fill that need. 3. Refer to the Community Priority Needs (EXHIBIT A). -What Goal, Strategy, Objective and Outcome does your pr oject fulfill? Goal# 1 Outcome# 1 _11_1 ____ Strategy# _2 ____ Objective # ----------- 4. Projects will be ranked acco rd ing to the local alloca tion priorities. Refer to Allocation Policy (EXHIBIT B) (Check only one box) A. High Priority D B. Average Priority ...X.. C. Low Priority D D. No Priority D Exp lain how your application satisfies that priority: This is a socia l service project to assist se niors To help meet their social, physical an d menta l needs . 2018 CDBG Appl ication 1 S. How does your application 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. _LYour project serves only the following clientele (LMI Presumed Benefit): (check only one box) .JLElderly persons D Illiterate persons D Battered spouses D Homeless persons D Abused children D 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. D 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. Boundaries: Will servic e any seniors from throughout Pasco but location of building is in Tract 202 Project Address/Location : SOS N. 1st Ave, Pasco, WA 99301 Census Tract(s)# Block Group(s)# 7. Provide *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 -Buildings Parks Facility -People • Pub/le 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 People 2nd Quarter People 3 rd Quarter People 4t h Quarter People *TOTAL SERVED People $37,S00 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 Number of clients below SO% median income Number of client s below 80% median income Number of elderly clients Number of minority clients Number of disabled clients Total Pasco residents served Number of Female Head of Hou se hold 2018 CDB G Application ------------- ------------- *Total must match total Served above. _____________ Supplemental housing -------------information ------------- 2 9. What is the dollar amount of CDBG funds your agency has received in the past three years? 2015 2016 2017 Kennewick Pasco $30,000 $30,000 $30,000 Richland 10 What impact will your project have in the community? How will you measure your success? Seniors within Pasco will have the opportunity to socialize and participate in the many programs that we offer. We will measure success by tracking participation numbers throughout the year. 11 The following are the maximum income guidelines fo r 2016 CDBG funded programs {80% is the maximum eligible). These guidelines will be 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 50% 22,800 26,050 29,300 32,SSO 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 Informat10n Only, 2018 Income Limits will apply. 12 Give a detailed breakdown of the total budget for this project by line item. Show where the CDBG funds you are requesting will be applied toward the line items listed below. List any other sources of funds yo u will use to match with the CDBG funds. Your total expenses should equal the amount of CDBG funds requ ested and all other source fund s. Please provide supplementary documentation for the budget if available. Expense Requested CDBG Other Fund s Source of Other TOT AL BUDGET Funds Funds PERSONNEL: Salaries $37,500 $95,000 General Fund $132,500 Delivery OPERATIONS: Rent/Lease Utilities $37,000 General Fund $37,000 Supplies $10,500 General Fund $10,500 CONSTRUCTION: Engineering Materials Labor Contracts Incidentals PROPERTY: Purchase Price Closing Costs OTHER (De sc ribe): M&O Services $58,000 General Fund $58,000 TOTAL $37,500 $200,500 $238,000 2018 CDBG Application 3 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 receive only a portion of what you request, what will you do? Some services may have to be cut and layoffs may take place. 15 If your request includes recurring costs 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.) Seek additional general fund monies, look for sponsors, charge user fees for specific p r ograms, and to seek donations. 16 Self-Asse ss ment, Check "yes " or "no" for each of the following questions: Risk Assessment Question? Yes No 1. Is your organ i zation 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 individual or bu siness? • X 6 . Does your project involve construction/ renovation? • X a. Do you own the property? X • b. Do you have experience with fed e ral Davis-Ba con wage requirements ? X • 7. What type of CDBG activity is your project? (Choose one) 1) Administration X 2 ) Public Service • 3) Economic Development • 4) Affordable Housing (acquisition/rehabilitation, etc.) • 5) Public Facility (Buildings/Parks, etc.) • 6) Code Enfo r cement • 7) Community Infrastructure (curb/gutter/sidewalks/sewer/water, etc.) • 8) Revitalization (Describe): • 2018 CDBG Application 4 Certifications and Assurances I/we make the following certifications and assurances as a required element of the Application to which it is attached, under standing that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent of the award or continuation of the related contract(s). The City of Pasco reserves the right at its sole discretion to reject any or all applications received without penalty and is not obligated to enter into a contract of any applicant. Incomplete, late or ineligible Application packets may be returned to the applicant without further con sideration. I understand that the City will not reimburse for any costs incurred in the preparation of this App lication. Al l applications will become the property of the City, and I/we claim no proprietary right to the ideas, w r itings, items or samples. SUBMITTED BY: ~\ck TlfU!~, l&u-um fu0/:e, Works v~~c+or Printed Name & Title ~1)£. ~. J..JJ/7 Date 2018 CDBG Appli cation 5 ATTACHMENTS 2018 CDBG Application 1 Community Development Block Grant Application 2018 CDBG Program Year Public Service Special Attachment #1 Complete this page if you are continuing a "Public Service11 activity 1. When was your agency organized/ formed? 1891 2. We are a: .JLWashington State Municipal Corp O non-profit 0 fa ith -based 3. Does your agency have federal IRS non-profit status? Ye s .JL 4 . List any required accreditation your agency/ staff must have in order to do bu siness: None No • 5. To what other agencies have you applied for funding and w hat commitments have you obtained for this purpose ? City General Fund 6. Will CDBG funds be used to assist in leveraging or matching o t her 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 funds in 2019 and City General Fund and p rogram fee monies. YesO YesO No.JL No.JL 9. If you recei ved CDBG funding in prior years and are requesting increased funding, please quantify the increase in service that you will provide and explain new demand or unmet need in the community for the increa se in service. Requesting the sam e amount as requested in 2017 2018 CDBG Applicati on 2 COMMUNITY DEVELOPMENT DEPARTMENT509-545-344 1 I FAX 509-545-3499 P.O . BOX 293, 525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301 Mr. Dan Dotta, Interim Director City of Pasco-Administrative & Community Services 525 N 3rd Ave PO Box 293 Pasco, WA 9930 I May 8, 2018 Subject: C-2018-2-4, CDBG Subrecipient Agreement Award 372 Senior Citizen's 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 (Reso lution 3795) to receive up to $30,000 in 2018 Community Development Block Grant (CDBG) funds. This award is contingent upon receipt of Community Development Block Grant entitlement award from the U . S. Department of Housing and Urban Development (HUD). This award is based on your eligibility review of your 2018 C DBG Grant application for Senior Citizen's Center Recreation Specialist. Any d eparture from the information in the application, as approved, such as changes to th e scope of work, budget or schedule may lead to the rescission of the award. Please notify this department in writing immediately of po tential changes of this nature. This letter allows your organization to incur costs in an amount not to exceed ten percent ofvour award for the following activit ies not requiring an environmental review, which may be needed to begin your project: • Preliminary environmental studies and rev iew of24 CFR 58.5 laws and authorities including Section 106 of the National Hi storic Preservation Act of 1996; • Preliminary e ng ineering feasibility studies to the extent needed for the environmental assessment; • Project related administration costs including staffing, advertisements and other administrative expenses; When work is started on the basis of this letter, CDBG procurement procedures, tenns, a nd requirements must be met for development of contracts and agreements for a n y of the above activities. Construction projects requiring an environmental review cannot be committed (contracts signed o r work s tarted), nor can H U D o r 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 a pplicable, has expired. All activities must meet the full requirements of2 CFR 200 Unifonn Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Eligible costs will be re imbursed only after a written agreement ha s been fonnally executed, an environmental review is complete, and all costs to deemed to be allowable, reasonable and necessary. Krystle Shanks will assist in developing this contract which we expect to finali ze within 7 days from execution of th e final H U D award letter. In preparation, staff from your organ ization may request an electronic copy of Playing by the Rules su brec ip ient handbook or individual grant s management training. If more than one request for training is received a CDBG M anagement Workshop will be scheduled to 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 to working with you on thi s worthwhile project. Enclosures: Written Agreement Angela R. Pitman, CDBG Administrator Commun it y & Economic Development EXHIBIT B 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 wit h 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. 360 1 et seq .), commonly referred to as the Federal Fair Housing Act, as amended by the Fair Hou sing Amendments Act of 1988 (P .L. 100-430) 2. Executive Order 11063. as amended by Executive Order 12259 (24 CFR Part 107) 3 . The Housing and Community Development Act of 1974, as amended through 1992 : Sections 109; 104 (b) 4 ; 104 (d); and 104 (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 poli c ies 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 . 4831 b) 6. Public Law 110-289, section 3 , "Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes" (also referred to as the Neighborhood Stabilizat ion 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 J o b-Pirating Activities, 24 CFR Part 570.482(f), revised June 2006 C. ENVIRONMENTAL AND CULTURAL 1. The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C . Section 4321 et seq ., and 24 CFR Part 51) 2. The Clean Ai r Act, as amended (42 U .S .C. 7401 et seq .) 3. HUD Environmental Criteria and Standards (24 CFR Part 58) ~-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)); 1 1 . T he 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 .) 1 3. The Fish and Wildlife Coordination Act of 1958, as amended (16 U.S.C . Section 661 et seq .) 14. The National Historic Preservation Act of 1966 (16 U .S.C. 470) 15. The Archaeological and Historical Data Preservation Act of 1974 (16 U.S .C . 469a-1 et seq .) 16. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 17 . Farmland Protection Policy Act of 1981 (7 U .S .C. 4201 et seq. and 7 CFR Part 658) 18 . Environm ental 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 Pla ns (Environmental Protection Agency -40 CFR Parts 6 , 51 , and 93) STATE 1 . Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW 2. Prevailing Wages on Public Works, Chapter 39.12 RCW 3. State Environmental Policy Act (SEPA), Chapter 43.21 C RCW 4 . State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter 19.27A RCW; and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW 5. lnterlocal Cooperation Act, Chapter 39 .34 RCW 6 . State Environmental Polic y Act (S EPA), Chapter 43 .21(C) RCW 7. Noise Control. Chapter 70 .107 RCW 8. Shoreline Management Act of 1971, Chapter 90 .58 RCW 9. Governor's Executive Order 89-10, December 11, 1989: Protection of Wetlands. and Governor's Executive Order 90-04, April 21, 1990: Protection of Wetlands GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Contract, the following terms shalt have the meaning set forth below: A. "Authorized Representative• shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B . "Subrecipient" shall mean the entity identified on the face sheet performing service(s) under th is 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 Informat ion" shall mean information identifiable to any person , includ ing , 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, telep hone numbers, socia l security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State'· shall mean the state of Washington . F . "Subcontractor" shall mean one not in the employment of the Subrecipient, who is performing all or part of those services under a separate contract with the Subrecipient. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2 . ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and condit ion s agreed upon by the parties . No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 3 . AMENDMENTS This Agreement may be amended by mutual agreement of the parties . Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the par1 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 to enforce Contract terms, each party agrees to bear its own attorneys fees and costs . 6. AUDIT A. General Requirements Subrecipients are to procure audit services based on the following guidelines . The Subrecipient shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Contractors also maintain auditable records. The Subreciplent is responsible for any audit exceptions incurred by its own organization or that of its Contractors . City reserves the right to recover from the Subrecipient all disallowed costs resulting from th e audit. Subrecipient Agreement for Federal Funds GENERAL TERMS AND CONDITIONS As applicable, Subrecipients required to have an audit must ensure the audits are performed in accordance with Generally Acce pted 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 Subrecipienl 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 Organiz.ations 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 th e Subrec1pienl to provide the auditor w ith a schedule of Federal Expenditure for the fiscal year(s) be ing 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} Begin ning 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 "Uniform Administrative Requirements for G rants and Agreements with Institutions of Higher Educat ion, Hospitals, and Other Non-Profit Organizations." The Subreclplent shall include the above audit requirements in any subcontracts . In any case , the Subreciplent's financial records must be available for rev iew by City. C. Documentation Requirements The Subrecipient must send a copy of any required audit Report ing Package as described in 0MB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to: City of Pasco Community & Economic Development Department 525 N Third Avenue Pasco, WA 99301 • Corrective action plan for audit findings within three (3) months of the audit being received by City. & Copy of the Management Letter Subrecipient Agreement for Federal Funds 2 GENERAL TERMS ANO CONDITIONS 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION-PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Subrecipient, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency . 2. Have not 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 State antitrust statutes or commission of embezzlem ent, theft , forgery, bribery, falsification or destruction of records , making false statements , tax evasion, rece iving stolen property, making false claims , or obstruction of justice ; 3. Are not presently indicted for or otherwise criminally or civilly cha rg ed by a governmental entity (Federal , State. or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this section; and -4 . Have not within a three-year period preceding the signing of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause of default . B. Where the Subrecipient is unable to certify to any of the statements in this Agreement , the Subrecipient shall attach an explanation to this Agreement. C. The Subrecipient agrees by sign ing this Agreement that it shall not knowingly enter into any lower tier covered transaction w ith a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction , unless authorized by City. D. The Subrecipient further agrees by signing this Agreement that it will include the clause title d "Certification Regarding Debarment, Suspe nsion, 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: CERTIFICAT ION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VO LUNT ARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS a) The lower tier con t ractor cert ifies , by signing this Agreement tha t neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement. such contractor shall attach an explanation to this Agreement. E. The terms covered transaction, debarred , suspended, Ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded , as used in this section , have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact City for assistance in obtaining a copy of these regulations. 8 . CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information' as used in this section includes: 1 . All material provided to the Subrecipient by City that is designated as "confide ntial" by City; 2. All material produced by the Subrecipient that is designated as "confidential" by City; an d Subrecipient Agreement for Federal Funds 3 GENERAL TERMS AND COND ITIONS 3. All Personal Information in the possession of the Subrecipien t that may not be disclosed under state or federal law. ·Persona l Information· includes but is not limited to information related to a person's name, health, finances, education , bus iness, 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 (H IPAA). B . The Subrecipient shall comply with all state and f e deral 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 a re necessary to prevent unauthorized disclosures. The Subrecipient shall make the changes within the lime 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 D isclosure . 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 d isclosure. 9 . CONFORMA NC E 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. COPYRIG HT PROVISIONS Unless otherwise provided, all Materials produced under th is Agreement shall be considered "works for hire• as defined by the U S. Copyright Act and shall be owned by City. City shall be considered the author of such Materials. In the event the Materials are not considered "works for hire• under the U.S. Copyright laws, the Subrecipient hereby irrevocably assigns all right, title , and interest in all Materials, including all intellectual property rights , moral rights . and rights of publ icity 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 Su brecipient 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 perm issions, inclu d ing intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to City. The Subrecipient shall exert all reaso nable effort to advise City, at the time of delivery of Materials furnished under this Agreement, of all known or p otential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Subrecipient shall provide City with prompt written notice of each notice or claim of infringement received by the Subrecipient with respect to any Materials delivered under this Agreement. City shall have the right to modify or remove any restrictive markings placed upon the Materials by the Subrecipient. Subreci pient Agreement for Fe deral 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 parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of City, who may designate a neutral person lo decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Subrecipient's name, address, and Agreement number; and be mailed to the Director and t he other party's (respondent's) Agreement Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor w ithin 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 . T he Director or designee may extend this period if necessary by notifying the parties . The decision shall not be admissible in any succeeding judicial or quas i-judicial proceeding . The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT The Subrecipient certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 14. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Subrecipient shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW ) and any other applicable state or federal law related to ethics or conflicts of interest. 15. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the stale 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 Washington, City, all other agencies of the State and all officers, agents and employees of the State, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Agreement. The Subreciplenl's obligation to indemnify, defend, and hold harmless includes any claim by the Subrecipient's agents, employees, representatives , or any Subcontractor or its agents, employees, or representatives. Subrecipient Agreement for Federal Funds 5 GENERAL TERMS Ar.JD 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 ii 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 Contrac t. 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 , privi lege or benefit which would accrue to such officer or employee under law. Conduct a nd control of the work will be solely with the Subrecipient. 18. INDUSTRIAL INSURANCE COVERAGE The Subrecipient shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance . If the Subrecipient fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees a s may be requ ired by law, City may collect from the Subrecipient the full amount payable to the Industrial Insurance Accident Fund. City may deduct the amount owed by th e Subrec1pient to the accident fund from the amount payable to the Subrecipient by City under this Contract, and transm it th e deducted amount to the Department of Labor and Industries, (L&I) Divisi on of Insurance Services. Th is prov isi on does not waive any of L&l 's rights to collect from the Subrecip1ent. 19. ~ The Subrecipient sh a ll comply with all applicable laws , ord inances, codes, regulation s, and pol icies of local , state, and federa l governments, as now or hereafter amended , including, but not limited to : United States Laws, Regulations and Circulars (Federal} A. Audits Office of Manag ement and Budget (0MB) Revised Circula r A-133 "Audits of States, Local Governments, and Non-Profit Organizations." B. Labor and Safety Standards Convict Labor, 18 U.S.C . 75 1, 752 , 4081 , 4082. Drug-Free Workplace Act of 1988 , 41 USC 701 et seq. Federal Fair Lab or 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 Discr imination 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 Ac t of 1990. Pub lic Law 101 -336 Equal Employment Opportunity, Executive Order 1 1246, as amended by Executive Ord er 11 375 and supplemented in U.S. Department of Labor Regulations , 41 CFR Chapter 60 . Executive Order 1124 6 . as am ended by EO 11375, 11478, 12086 and 121 02. Subrecipient Agreem e nt for Feder al Fund s 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. N ond iscrimination 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 . Nond iscrimination 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 1701u (See 24 CFR 570.607(b )). D. Office of Management and Budget Circulars Cost Principles fo r 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 Ad ministrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations , 0MB Circular A-110 . E. Other Anti -Kickback Act, 18 U.S .C . 874; 40 U .S .C . 276b, 276c ; 41 U.S .C . 51-54 . Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54 , No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act , 5 U .S.C . 1501-8. Internal Revenue Service Rules , August 31, 1990 Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-lobbying Amendment). 31 U.S.C . 1352 provides that contractors who apply or bid for an award of $100,000 or more must file the required certification . Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S .C. 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award . Such disclosures are forwarded from tier to tier up to the recipient. Non-Supplanting Federal Funds. Section 8 Housing Assistance Payments Program . F. Privacy Privacy Act of 1974, 5 U.S.C. 552a. Subrecipienl Agreement for Federal Funds 7 GENERAL TERM S AND CONDITIO NS Was hington State Laws and Regu lations A. Affirmative action, RCW 41 .06 .020 (11 ). B . Boards of directors or officers of non-profit corporations -Liability -Limitations , RC W 4.24 .264 . C . Disclosure-campaign finances-lobbying, Chapter 42.17 RCW . D . Discrimination-human rights commission, Chapter 49 .60 RCW . E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises , Chapter 39 .19 RCW and Chapter 32 6-02 WAC. G . Open public meetings act. Chapter42.30 RCW . H . Public records act, Chapter 42 .56 RCW . I. State budgeting, accounting, and reporting s ystem , Chapter 43.88 RCW . 2 0. LICENSING , ACCREDITATION AND REGISTRATION The Subrecipient shall comply with all applicable local , stal e, and federal licensing, accreditation and registration requirements or standards necessary for the performance of th is 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 an y clause or condition of this Co ntract. 22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Subrecipient sha ll comply with all federa l, state , and local nondiscrimination laws, reg u lations and policies . In the event of the Subrecipient's no n- compliance or refusa l to comply w it h any nondiscrimination law, regulation or policy, this Agreement may be rescinded , canceled or terminated in who le or in part, and the Sub recipient 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 resolve d in accordance with the "Disputes" procedure set forth herein 23. POLITICAL ACTIVITIES Political activity of Subrecipient employees and officers are limited by the State Ca m paign 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 aga inst the candidacy of any person for public office. 24. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded t hrough this agreement shall c omply with p revailing wage laws by paying the higher of stale or federa l pr evailing wages according lo. State Prevail ing Wages on Public Works , Chapter 39.12 RCW , as applicable to the Proj ect funded by this agreement, including but not l im ited 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 evid ence 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 contract ors o r subcontractors in the performance shall be paid wa ges at Subrecipient Agreement for Federal Funds 8 GENERAL TERMS ANO CONDITIONS rates not les s than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 25. PROCUREMENT ST AN DAROS FOR FEDERALLY FUNDED PROGRAMS A Subrecipient 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 C ircular 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 us ing federa l 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 item s. c Positive efforts shall be made to use small and m inority-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 cond itions 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 1or the purpose of obtain ing approval of the application for such funds or any other approval or Subrecipient Agreement fo r Federal Funds 9 GENE RAL 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 eligibl e as project costs. 27 . PUBLICITY The Subrecipient agrees not to publish or use any advertisi ng 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 fa ils 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 ava ilable at l aw or in equity. 29 . RECORDS MAINTENANCE The Subrecipient shall maintain all books, records , documents , data and other evidence relating to this Agreement and performance of the services described herein, incl uding but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended 1n the performance of this Agreement. Subrecipient shall retain such records for a period of six years following the date of fi nal payment. If any litigation, cl aim or audit is started before the expirat ion of the six (6) year period, the record s shall be retaine d until all litigation, c laims, or audit findings involving the records have been finally resolved . 30 . REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Subrecip1ent shall complete registration with the Washi ngton State Department of Re venue. 31. SAVINGS In the event funding from state, federal, or other sources is withdrawn , reduced, or limited in any way afte r the effective date of this Agreement and prior to normal completion, City may term inate the Agreement under the "Termination for Convenience" clause. without the ten ca lendar day notice requirement. In lieu of termination, the Agreement may be amended lo reflect the new funding limitations and conditions 32 . SEVERABILITY If any provision of this Agr eement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other prov isions 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 th is end the provisions of this Agreement are declared to be severable . 33. SUBCONTRACTING The Subrecipient may o nly subcontract work contemplated under this Contract if it obtains the prior written approval of City. If City approves subcontracting, the Subrecipient shall ma inta in written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts . For cause, City in writing may: (a) require th e Subrecipient lo amend its subcontracting procedures as they relate Subrecipi ent Agree ment for Federal Funds 10 GENERAL TERMS AND CONDITIONS to this Contract; (b} prohibit the Subrecipient from subcontracting with a particular person or entity; or (c) require the Subrecipient to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Subrecipient is responsible to City if the Subcontractor fails to comply with any applicable term or condition of this Contract . The Subrecipient shall appropriately monitor the activities of the Subcontractor to assure f iscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of th e Subrecipient to City for any breach in the performance of the Subrecipient's duties. Every subcontract shall include a term that City and t he Slate of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 34. SURVIVAL The 1erms, conditions, and warranties con1ained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Subrecipient's income or gross receipts , any other taxes, insurance or expenses for the Subrecipient or its staff shall be the sole responsibility of the Subrecipienl. 36 . TERMINATION FOR CAUSE/ SUSPENSION In event City determines that the Subrecipient failed to comply with any term or condition of this Agreemen1 , City may terminate the Agreement in whole or in part upon written notice to the Subrecipient. Such termination shall be deemed "for cause • Termination shall take effect on the date specified in the notice. In the alternative, City upon written notice may allow the Subrecipient a specific period of time in which to correct the non-compliance . During the corrective-action time period , City may suspend further payment to the Subrecipienl 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 bid ding, mailing, advertising, and staff time). 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, City may, by ten {10) bus iness 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 requ ired under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination . 38 . TERMINATION PROCEDURES After receipt of a notice of termination , except as otherwise directed by City, the Subrecipient shall : A. Stop work under the Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials , services, or facilities related to the Agreement; Subrecipient Agreement for Federal Fund s 11 GENERAL TERMS AND CONDITIONS C . Assign t o City all of the rights. title, and interest of the Subrecipient under the orders and subcontracts so terminated, in which case City has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts . Any attempt by the Subrecipient to settle such claims must have the prior written approval of City, and D . Preserve and transfer any materials, Agreement deliverables and/or City property in the Subrecipient's possession as directed by City. Upon termination of the Agreement, City shall pay the Subrecipient for any service provided by the Subrecipient under the Agreement prior to the dat e of termination. City may withhold any amount due as City reasonably determines is necessary to protect City against potential loss or liability resulting from the termination. City shall pay any withheld amount to the Subrecipient if City later determines that loss or liability will not occur. The rights and remedies of City under th is section are in addition to any o ther rights and remedies provided under this Agreement or otherwise provided under law. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the term s of this Agreement unless stated to be such in writing and signed by Authorized Representative of City. Subrecipi ent Agreement for Federal Funds 12 __ FFATA (All) V PROGRESS REPORTS (All) EXHIBIT C Reports and Forms __ PROGRAM fNCOME (Economic Deve lopment or Revolving Loan Funds) __ CONTRACTOR COMPLlA NCE FORM (All) __ CONTRACTOR/SUBCONTRACTOR ACTIVITY (Construction Only -Over$ I 0,000) __ LABOR COMPLIANCE REPORT (Construction Only -Over $2 ,000) SECTION 3 PLA (A ll -$100,000 and over in Awards and/or Contracts) C-1 CITY OF PASCO FFATA POLICIES & PROCEDURES Policy The City of Pasco (City) will comply with FF AT A reporting requirements for all first-tier subawards (subgrants and subcontracts) related to prime Federal awards. All first-tier subawardees that are subject to FF AT A reporting must have a Dun and Bradstreet Universa l Numbering System (DUNS #) and a valid Central Contract Registration (CCR) registration in order to enter into the contract or agreement with the City on federally funded projects. Responsibilities I. The City has the overall responsibility to ensure compliance with FF AT A reporting requirements on all first-tier subawards (subgrants and subcontracts) related to prime Federal grants and contracts. City is responsible for submitting required infonnation to the Federal government through the FF AT A Sub-award Reporting System (FSRS.gov), in accordance with established deadlines. 2. The City is responsible for: a. Detem1ining FF AT A reportability for any first tier s ub-awards / subcontracts. b. Confirming that the subrecipient or vendor has obtained a DUNS # and a valid CCR registration. 3. The City is responsible for ensuring that the FF AT A Data Elements and confirmation of a va lid CCR registration prior to approving any Subrecipient Agreement or Contract/Subcontract that is subject to FF AT A reporting. 4. The attached FF ATA CDBG Reporting Checklist will be required for any subaward $25,000 or more. FIRST TIER SUBRECIPIENT AGREEMENTS -AND DIRECT CONTRACTS $25,000 OR GREATER. Q. Who is r equired to file a FFATA report in FSRS ? A. The FFATA Sub-award Reporting System (FSRS) will collect data from Federal pr ime awardees on sub-awards they make: a prime gr ant awar dee will be requi red to report on its sub-gr ants and a prime contract awardee will be required to report on its sub-contracts. Q. What is a sub-award? A. The Office of Management & Budget issued guidance identifying the requirement to report first-tier sub-awards on April 6, 2010 and that guidance may be found at the 0MB Open Government site at http://www.whi t ehouse.gov/omb/open. That guidance defines a sub-awar d as generally referring to a monetary award made as a result of a Federal award to a grant recipient or contractor to a sub-recipient o r sub-contractor r espectively. GRANTS In accordance with 2 CfR Chapter 1, Part 170 REPORTING SUB-AWARD AND EXECUTIVE COMPENSATION INFORMATION, Prime Awardees awarded a federal grant are required to fil e a FFATA sub-award report by the end of the month fol lowing the month in which the prime awardee awards any sut>-grant equal to or greater than 525,000. The reporting requ irements are as follows: • This requirement i s for both mand atory and discretionary grants awarded on or after October 1, 2010. • All sub-a ward information must be reported by the prime awardee. • For those new Federal grants as of October 1, 2010, if the initial award is equal to or over $25,000, reporting of sub-a,...,ard and execut iv e compensation data is requ i red. • If the initial award is below $25,000 but subsequent grant modifications result in a total award equal to or over $25,000, the award will be subject to the reporting requirements, as of t he date the award exceeds $25,000. • If the initial award equals or exceeds $25,000 but funding is subsequently de- obligated such that the total aw ard amount falls beJow $25,000, the award continues to be subject to the reporting requirements of the Transparency Act and this Guidance. CITY OF PASCO COMMUNITY D EVELOPMENT BLOCK GRANT PROGRAM QUARTERLY REPORT HUD ID 372 Public ser vice activities other than LMH EXHIBITC Quarter (Q#-YR): 2018 Report Date: 10/22/2018 R eport Period: O #1-J an-Mar. O #2 -Apr.-June O #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: Project: City of Pasco-Administrative & Community Services C -2018 -2 -4 Senior Citizen's Center Recreation Specialist Person Completing Project: ob Title: Contact Telephone Number New World Project ID GR4CDTR18SR 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 975 P eople Assisted) Total Project Beneficiary count is by: LMC •Individu al •Family •H ousehold or •Area Benefit Project Location (Site Address or Parcel Number): 535 N Thir d Avenue 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. D escribe Significant Actions Taken During R eport Period: 3. Describe and Provide Reasons for Changes in Original Project Goals/Milestones: Exhibit C -Public Servic es ~ 4. Number of beneficiaries served below, at or above area median income: PRESUMED BENEFIT -ELDERLY Extremely Low At or below 30% Low 31 %-50% Total Number of Single head of household OR Moderate 51 %-80% person households) I II~--. T otal Number Elderly Total Number Disabled Non - Low/Moderate Above 80% ( do not include one 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 Hispanic or Latino TOTAL ETHNICITY 6. Please fill in one RACE category for each person served: RACE ______ American Indian/ Alaskan Native Black/ African American ------ Native Hawaiian/Pacific Islander ------ Asian ------ ------White (includes Hispanic or Latino) TOTAL RACE NOTE:Total #-persons served must equal the count in the race and ethnicity categories above. 7. During this Project Period Were CDBG Funds Expended? Total Non-CD BG Project Funds Expended report Period Total CDBG Funds Expended During Report Period TOT AL funds expended during report period Describe Other Project Funds Expended During Report Period: Source Exhibit C -Public Servi ces •YES ONO $ $ $ $ $ $ $ Amount Signature of Authorized Representative Type Name Date Exhibit C -Public Services CITY OF PASCO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM QUARTERLY REPORT HUD ID 372 Public service activities other than LMH EXHIBITC Quarter (Q#-YR): 2018 Report Date: 10/22/2018 Report Period: Reports are due on the 15 th the month following the end of the quarter: 4 /15, 7/15, 10/15 and 1/15 Sub/Re cipient: Project: City of Pa sco-Administrative&: Community Services Person Completing Project: C -2018-2 -4 Senior Citizen's Center Recreation Specialist ob Title: Contact Telephone Number New World Project ID GR4CDTR18SR 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 975 People Assisted) Total Project Beneficiary count is by: LMC •Individual •Family •Household or •Area Benefit Project Location (Site Address or Parcel Number): 535 N Third Avenue 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. D escribe Significant Actions Taken During Report Period: 3. Describe and Provide Reasons for Changes in Original Project Goals/Milestones: Exhibit C -Public Services 4. Number of beneficiaries served below, at or above area median income: PRESUMED BE NEFIT -ELDERLY Extremely Low At or below 30% Low 31%-50 % Total Number of Single head of household OR Moderate 51 %-80% person households ) I I ,--I ---, Total Number Elderly Total Number Di s abled No n - Low/Moderate Above 80 % ( do not include one 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 ------No t Hispanic or Latino TOT AL ETHNICITY 6. Please fill in one RACE category for each person served: RACE ______ Am erican Indian/ Ala skan Na tive Black/ African American ------ Na tive H awaiian/Pacific Islander ------ Asian ------ ------White (includes Hispanic 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? Total Non-CD BG Project Funds Exp ended report Period Total CDBG Funds Expended During Report Period TOTAL funds expended during report period Describe Other Project Funds Expended During Report Period: Source Exhibit C -Public Services •YES •NO $ $ $ $ $ $ $ Amount Signature of Authorized Repre sentative Type Name Date Exhi bit C -Publ ic Services