HomeMy WebLinkAboutCity of Pasco - 2018 CDBG Subrecipient Agreement (373 YMCA Martin Luther King Community Center Recreation Program)COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT DATA SHEET
Subrecipient Agency: Contract Number: Contract Signed:
Contract Start:
YMCA of the Greater Tri-Cities C-2018-2-5 Contract End:
Mr. Steve Howla nd, Executive Director Amendment:
MLK Center Programs
1234 Columbia Park Trail
Richland, WA 99352-4760
BRIEF PROJECT SUMMARY
ATTACHMENT 1-D
1/1/2018
12/3 1/2018
CDBG funds provide YMCA recreation programs at the Martin Luther King Center. This facility's program is coord inated with
th e YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physica l activities to school age
children and their families.
PERFORMANCE INDICATOR: People Assisted, Public se rvice activities other than LMH
LOCATION: 333 W Wehe Ave
SERVICE AREA: LMA2-Martin Luther King Center Neighborhood -Public facility and park service area is defined as
encompassing a one mile radius surrounding the park. Th ere are many more activities geared toward High School age students
at this facility attacting residents from neighborhoods further west to 20th Avenue. Service Area Boundary: l -182/US-39S to
the north west and US-12 to A Street/Columbia River south east. CT201.2,3,4, CT202.l-3, CT203.l,3, CT204.l-6 (LMISD
8/4/2017 2027S LM/269SS LMU 75.22%)
CONTRACT LINE ITEM DETAIL
HUD IDIS HUD IDIS EST LINE NATIONAL ACTIVI TY TITLE DOLLAR
PROJECT ACTIVITY UNITS ITEM OBJECTIVE AMOUNT
NUMBER NUMBER
2018-2 373 26955 05Z LMA Public Services (General) $21 ,095.00
Total Contract Amount $21,095.00
NW PROJECT# GR4CDPS1873
CDBG CONTACT
Listed below is your CDBG Block Grant Administrator with phone number and email address. Please contact your grant
administrator directly for technical assistance: Angie Pitman , (509) 543-5739, pitmana@pasco-wa.gov
PROJECT CONTACT
This is the contact person identified fo r Contract/Project Administration. All information requests re lating to yo ur
contract/project wi ll be sent to this person. If thi s person has changed or changes during the course of your contract please
inform A ngie Pitman at (509) 543-5739 or by email at: pitmana@pasco-wa.gov or note changes on thi s s he et and mail a copy
so we can keep our database updated.
current Database lotormatjon
Fi rst. ................. .Steve
Last .................. Howland
Address ............ 1234 Columbia Park Trail
City .................. .Richland
State ................. WA
Postal ............... 99352-4760
Email ................ steve@ymcatricities.org
Phone .............. (509) 374-1908 50 lO
CONTRACT FACE SHEET
Agency Contract N umber/HUD IDIS Contract Amount
YMCA of the Greater Tri-Cities C-2018 -2-5 373 $21 ,095
1234 Columbia Park Trail
Richland WA 99352-4760 Modified Amount
Agency Representative Start Date End Date
Mr.Steve Howland J anuary I , 2018 December 3 I , 2018
Executive Director
YMC A of the Greater Tri -C ities Modified Date
(509) 374-1908
s teve@ ymcatricities.org
Federal Funding Authority
U.S. Department of H ousing and Urban Development (HUD)
Federal Funds CFDA N umber
14.2 l 8
Service Area County Page Number
333 W Wehe Ave Franklin County l
Tax ID Number Number of Pages
91-6001264
Contract Purpose
C DBG funds provide YMCA recreation programs at the Martin Luther King Center. This facility's program is
coordinated with the YMCA, Salvation Army a nd Camp fi re USA, who all coll aborate to provide education and
physical activities to school age c hildren and their famili es.
fN WITNESS WHEREOF, City of P asco and Con tractor acknowledge and accept the terms of th is agreement and
attachments h e reto and have executed this agreement as of the date and year written below. The rights a nd obligations
of both parties to thi s agreement are governed by:
Con tract Cover Page
This Face Sh eet,
Contract Document
Attachment A: Statement of Work and Budget, Application & Letter to Inc ur Costs
Attachment B: State and Federal Requirements and Assurances, General Conditions
A ttachment C: Reports and Forms
C ity Representative: City of P asco
Wbi,
Rick White, Director
1-i/zJa
Date
Community & Economic Development
Agency Repres entative: YM7,:w• 1rd i ;} 1<( -, ,, /
~evi'HowY~focf, Executive Direc tor Date
MLK Center Programs
Subrecipient Agreement with:
YMCA of the Greater Tri-Cities
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: 373
Contract Number: C-2018-2-5
Project Number: GR4.CD.PS.18.73
January 1, 2018
City of Pasco, Community & Economic Development Department
www.pasco-wa.gov
SUBRECIPIENT AGREEMENT
YMCA of the Greater Tri-Cities
373 YMCA Martin Luther King Community Center Recreation Program
This Agreement is made between City of Pasco (herein called the City) and YMCA of the
Greater Tri-Cities (herein called Subrecipient) for the YMCA Martin Luther King Community Center
Recreation Program project (herein called the Project), HUD ID 373.
Whereas, City has received an award (Federal Award Identifi cation 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 Subrecipient has applied for and received a CDBG award , contract number
C-2018-2-5 , to fund the Project; and
Whereas , it benefits the City to engage the Subrecipient to accomplish the Scope of Services and
the objectives of the CDBG project; Now therefore,
The parties agree that:
1. SCOPE OF SERVICES
A. City Responsibilities
The City is responsible for administration of the CDBG contract, and ensuring CDBG funds
are used in accordance with all program requirements, pursuant to 24 CFR 570.S0l(b). The
City will provide such assistance and guidance to the Subrecipient as may be required to
accompli sh 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. Subrecipient Responsibilities
The intent of this Agreement is as follows: CDBG funds provide YMCA recreation
programs at the Martin Luther King Center. This facility's program is coordin ated with the
YMCA, Salvation Anny and Campfire USA, who a ll collaborate to provide education and
physical activities to school age children and their families. The Subrecipient will compl ete
in a satisfactory and proper manner as determined by the Cit y the following non-construction
tasks to accomplish the objectives of the project principally benefiting low-and moderate-
income persons. The Subrecipient will periodically meet with the City to review the status of
these tasks.
C-20 18-2-5 YM CA M LK Recreatio n Progra ms Page I of27
Principal Tasks
• Project Management
• Financial Management & Internal Controls
• Accomplishment & Financial Reporting
• Recordkeeping
• Civil Rights Compliance
• Reporting
• Procurement
2. TIME OF PERFORMANCE
A. Effective Date
The effecti ve 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 Subrecipient
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
w1itten Letter to Incur Costs if requirements of the Annual Action Plan including Citizen
Participation have been met.
B. Closeout
The Sub recipient's obligation to the City does not end until all closeout requirements are
completed. The City will close-out the Federal award when it determines that all applicable
administrative actions and all required work of the Federal award have been completed by
the Subrecipient. The City and the Subrecipient will comply with the closeout procedures of
2 CFR 200.343 and the post-closeout procedures of 2 CFR 300.344. Activities during the
closeout period include but are not limited to: identifying any closeout costs or contingent
liabilities subject to payment after the execution of any grant closeout agreement, making
final payments, disposing of program assets, determining the custodianship of records, and
determining a records retention schedule.
3. AGREEMENT REPRESENTATIVES
Notices required by this Agreement shall be in writing and delivered via mail , personal delivery
or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be
effective on the date of delivery or sending. All notices and other written communications under
this Agreement shall be addressed to the individuals in the capacities indicated below, unless
otherwise modified by subsequent written notice.
Each party to this Agreement shall have a representative. The person named in the agreement or
appointed from time to time as representative, acts on behalf of the party. Each party may change
its representative upon providing written notice to the other party. Communication and details
concerning this contract shall be directed to the following representatives:
C -201 8 -2-5 YMCA MLK Recreati o n Programs Page 2 of27
City
City of Pasco-Community & Economic
Development Department
Rick White, Director
525 N Third A venue
Pasco, WA 99301
(509) 545-3441 Phone
(509) 545-3499 Fax
whiter@pasco-wa.gov
4. BUDGET
Subrecipient
YMCA of the Greater Tri-Cities
Steve Howland, Executive Director
1234 Columb ia Park Trail
Richland, WA 99352-4760
(509) 374-1908 Phone
steve@ ymcatricities .org Email
The City will pass through to the Subrecipient no more than twenty-one thousand ninety-five and
no/ I 00 ($21 ,095) in CDBG funds for eligible incurred costs and expenses for the Project
according to the following budget.
Project #GR4CDPS1873 -IDIS #373 Budgeted Amount
Budget Element
Salaries & Wages $21 ,095
Personnel Benefits
Supplies
Services
Indirect Cost Rate: 10% de mini mis rate, or fill out "N/ A" declining to
charge indirect
CDBGTOTAL $21 ,095
Non-CDBG (General Fund) or Other source, Specify $25 ,000
GRAND TOTAL $46,095
Th e City may require a more detailed budget breakdown, and th e Subrecipient will provide s uch
supplem entary budget in.formation in a tim ely fas hion in th e form and content pres cribed by th e
City.
Indirect Cost Rate if the Subrecipient chooses to charge indirect cos ts under this grant , the
Subrecipient shall prov ide 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)" s hall mean all direct salaries and wages, applicabl e
fringe benefits, material s 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
C ity and the Subrecipient.
C-20 18-2-5 YMCA MLK Recreat ion Programs Page 3 o f27
5. PAYMENT
The City shall reimburse the Subrecipient 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
utilized to supplement rather than supplant funds otherwise available.
It is understood that this Agreement is funded in whole or in part with CDBG funds through the
U.S. Department of Housing and Urban Development ("HUD") and is subject to those
regulations and restrictions normally associated with federally-funded programs and any other
requirements that the City may prescribe.
6. PERFORMANCE MONITORING
The City will monitor the perfonnance of the Subrecipient 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 b y the City will constitute
noncompliance with this Agreement.
If action to correct such substandard perfonnance is not taken by the Subrecipient within a
reasonable period of time after being notified by the City, contract suspension or termination
procedures will be initiated.
7. SPECIAL CONDITIONS
A. Eligibility
This is an eligible CDBG activity based upon HUD Matrix Code 05 , Public Services
(General), the Subrecipient agrees to comply with the requirements of Title 24 CFR
570.201 ( e); and all other applicable Federal , state and local laws, regulations, and policies,
governing the funds provided under this Agreement.
B. CDBG National Objective
The Subrecipient certifies the activities carried out under this Agreement meet a CDBG
Program National Objective defined in 5 70 .208(a)(l )-LOW-MOD ERA TE AREA
BENEFIT.
LMA2-Martin Luther King Center Neighborhood -Public facility and park service area is
defined as encompassing a one mile radius surrounding the park. There are many more
activities geared toward High School age students at this facility attacting residents from
neighborhoods further west to 20th A venue. Service Area Boundary: I-182/US-395 to the
north west and US-12 to A Street/Columbia River south east. CT201.2,3 ,4, CT202.1-3 ,
CT203. l ,3 , CT204. l-6 (LMISD 8/4/2017 20275 LM/26955 LMU 75.22%)
C -2018-2-5 YMCA MLK Recreatio n Program s Page 4 of27
C. Levels of Accomplishment
Proposed accomplishment: People Assisted 26955
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 perfonnance.
To complete this proposal, the Subrecipient will plan, administer and implement the project
as described in the Sub recipient 's grant application included in this Agreement as
EXHIBIT A , which includes a description of the work to be perfonned, a schedule with
benchmarks for achievement, and detailed budget. Any change(s) in the project scope,
budget, location, or in the number of beneficiaries served must be proposed and submitted in
writing to the City prior to incurring any costs. Such changes will be considered by formal
request to modify or amend this Agreement.
8. GENERAL CONDITIONS
A. General Compliance
The Subrecipient 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 Subrecipient certifies the activities carried out under this Agreement meet a CDBG
Program National Objective defined in Title 24 CFR 570.208(a)(l).
C. Independent Contractor
Nothing contained in this Agreement is intended to, or will be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Subrecipient will at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. The City will be exempt from payment of all
unemployment compensation, FICA, retirement, life and/or medical insurance and workers'
compensation insurance or industrial insurance, a s the Subrecipient is an independent
contractor.
D. Hold Harmless
The Subrecipient will hold harmless, defend and indemnify the City from any and all claims,
actions, s uits, charges and judgments whatsoever that arise out of the Subrecipients
perfonnance or nonperformance of the services or subject matter called for in this
Agreement.
E. Workers ' C ompensation
The Subrecipient will provide worke rs ' compensation in surance coverage for all of it s
employees involved in the performance of this Agreement.
C-20 I 8-2-5 YM CA M LK Recreati on Progra ms Page 5 o f 27
F. Insurance and Bonding
The Subrecipient shall procure and maintain for the duration of the Agreement sufficient
insurance coverage to protect contract assets from loss due to theft, fraud and/or undue
physical damage, and as a minimum will purchase a blanket fidelity bond covering all
employees in an amount equal to sum total of all cash advanced from the City. The insurance
shall be placed with insurers with a current A.M. Best rating of not less than A: VII.
The Subrecipient shall furnish the City with a properl y executed certificate of insurance or a
signed policy endorsement which shall clearly evidence all insurance required in this section
prior to commencement of services. The certificates will, at a minimum, identify the insurer
by name and mailing address and list limits of liability and coverage. The certificate will
provide that the underlying insurance contract will not be cancelled or allowed to expire
except on thirty (30) days prior written notice to the City.
G. Funding Source Recognition
The Subrecipient will ensure recognition of the roles of US Department of Housing and
Urban Development, and the City of Pasco CDBG Program in prov iding 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 Subrecipient will include a
reference to the support provided herein in all publications made possible with funds made
available under this Agreement.
H. Amendments
The City or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to thi s Agreement, and are executed in writing, signed
by a duly authorized representative of each organization, and approved by the C ity's
certifying official or delegate. Such amendments will not invalidate this Agreement, nor
relieve or release the City or Subrecipient from its obligations under this Agreement.
I. Remedies, Suspension, and Termination
1. If the Subrecipient fails to comply with Federal s tatutes, 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 detem1ines that noncompliance
cannot be remedied by imposing additional conditions, the Federal awarding agency or
City m ay take one or more of the following actions, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency by the
Subrecipient or more severe enforcement action by the City;
b. Di sallow (that i s, deny both use of fund s and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
c. Wholly or partly suspend or tenninate the award;
d. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
recommend that such a proceeding be initiated by the Federal awarding agency;
e. Withhold further Federal awards for the project or program ; or
C -20 18 -2 -5 YMCA MLK Recreation Programs Page 6 of27
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 Subrecipient fails to comply with the terms and conditions of a Federal award;
b. For cause;
c. With the consent of the Subrecipient, 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 tenninated;
b. By the Subrecipient upon sending to the City written notification setting forth the
reasons for such termination, the effective date, and, in the case of partial tennination,
the portion to be terminated. However, if the City determines in the case of partial
tennination 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 tenninate 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.
J. Equal Employment Opportunity
1. During the perfonnance of this contract, the contractor (the Subrecipient) 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 manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation infonnation of other employees or
applicants as a part of such employee 's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
C-20 18-2-5 YMCA M LK Recreati o n Programs Page 7 of 27
otherwise have access to such infonnation, unless such disclosure is in response to a
fom1al complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor 's legal duty to furnish information.
d. The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the agency contracting officer, advising the labor union or workers '
representative of the contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
e. The contractor will comply with all provisions of Executive Order No. 11246 of Sept.
24, 1965, and of the rules , regulations, and relevant orders of the Secretary of Labor.
f. The contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules , regulations, and orders of the
Secretary of Labor, or pursuant thereto , and will pennit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules , regulations, and orders.
g. In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules , regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of Sept. 24, 1965 , and such other sanctions
may be imposed and remedies invoked as pro vided 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 will 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: Provi ded, however, that in
the event the contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
[Sec. 202 amended by EO 113 75 of Oct. 13 , 1967, 32 FR 14303 , 3 CFR, 1966-1970
Comp., p. 684, EO 12086 of Oct. 5 , 1978 , 43 FR 46501 , 3 CFR , 1978 Comp., p. 230,
EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]
2. [All contracts that meet the definition of "federally assisted construction contract " in 41
CFR Part 60-1.3 must also include this language; if ii is not a 'federally assisted
construction contract ", this Subsection 2 is no/ n ecessary]:
The applicant h ereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds
C -20 18-2-5 YMCA M LK Recreation Programs Page 8 of27
obtained from the Federal Government or borrowed on the credit of the Federal Government
pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following
equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affinnative 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
ad vertising; layoff or termination; rates of pay or other form s of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
cons picuous places, available to employees and applicants for employment, notices to
be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will , in all solicitations or adver1isements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
cons ideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
c. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, di s cussed, or di s closed the compensation of the emplo yee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such emp loyee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
d. The contractor will send to each labor union or representati ve of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
e. The contractor will comply with all prov isions of Executive Order 11246 of
September 24, 1965, and of the rules , regulations, and relevant orders of the Secretary
of Labor.
f. The contractor will furnish all infonnation and reports required by Executive Order
11246 of September 24, 1965 , and by rules , regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will pennit access to his books, records , and
C-20 18-2-5 YMCA MLK Recreati on Programs Page 9 of27
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the conh·actor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled , tenninated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965 , or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
h. The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965 , so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in , or is threatened with ,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation t o protect
the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
res pect 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 infonnation as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965 , with a contractor
debarred from , or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will 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 applicant agrees that if
it fails or refuse s to comply with these undertakings, the administering agency may take any
or all of the following actions: Cancel, tenninate, or suspend in whole or in part this grant
(contract, loan, insurance, guarantee); refrain from extending any further assistance to the
C-2018-2-5 YMCA MLK Recreati o n Progra ms Page 10 of27
applicant under the program with respect to which the failure or refund occmTed 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.
K. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act (40 U.S.C. 3141-3144, 3146-3148) as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as
amended, and all other applicable federal, state and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement.
The Subrecipient agrees to comply with 18 U.S.C. 874 et seq. and implementing regulations
of the Department of Labor at 29 CFR Part 5, the Copeland "Anti-Kickback" Act (40 U.S.C.
3145) as supplemented by Department of Labor regulations (29 CFR Part 3 ), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). The Subrecipient
shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the City for review
upon request.
The Subrecipient understands that the City's decision to enter into this Agreement 1s
conditioned upon the Sub recipient's acceptance of and agreement to the following:
I. The Subrecipient 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 Subrecipient or any subcontractor shall pay all mechanics and
laborers employed directly on the site of the work, unconditionally and at least once a
week, and without subsequent deduction or rebate on any account, the full amounts
accrued at time of payment, computed at wage rates not less than those stated in the
advertised specifications, regardless of any contractual relationship which may be alleged
to exist between the contractor or subcontractor and the laborers and mechanics;
2. The Subrecipient will post the scale of wages to be paid in a prominent and easily
accessible place at the site of the work; and
3. There may be withheld from the Subrecipient so much of accrued payments as the
contracting officer considers necessary to pay to laborers and mechanics employed by the
Subrecipient or any subcontractor on the work the difference between the rates of wages
required by the contract to be paid laborers and mechanics on the work and the rates of
wages received by the laborers and mechanics and not refunded to the Subrecipient or
subcontractors or their agents.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with state and
federal requirements adopted by the City pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR Parts I , 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 Subrecipient of the
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obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or
require to be inserted in full , in all such contracts subject to such regulations, provisions
meeting the requirements of thi s paragraph.
9. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
I. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200.300 and agrees to adhere to the
accounting principles and procedures required therein, utili ze adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient will administer its program in confonnance with 2 CFR 200.400. These
principles will be applied for all costs incurred whether charged on a direct or indirect basis.
3. Duplication of Costs
The Subrecipient certifies that work to be perfonned under this Agreement does not duplicate
any work to be charged against any other contract, subcontract or other source.
B. Documentation and Record Keeping
I . Records to Be Maintained
The Subrecipient will maintain all records required by Federal regulations, including those
s pecified in 24 CFR 570.506 [This next citation applies if the Subrecipient is an institution of
high er education, a hospital, or some other nonprofit organization: and 24 CFR Part 84.21-
28 as amended by 570.502] that are pertinent to the activities to be funded under this
Agreement. Such records will include but not be limited to:
a. Records providing a full description of each activity assisted (or being assisted) with
CDBG funds, including its location (if the activity has a geographical locus), the
amount of CDBG funds budgeted, obligated and expended for the activity, and the
provision in subpart C under which it is eligible;
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program set forth in 24 CFR 570.506;
c. Records that demonstrate that the recipient has made the determinations required as a
condition of eligibility of certain activities, as prescribed in 24 CFR 570.20 I (f),
570.201 (i)(2), 570.20 I (p ), 570.20 I (q), 570.202(b )(3), 570.206(f), 570.209, 570.210,
and 570.309;
d. Records which demonstrate compliance with§ 570.503(b)(7) or§ 570.505 regarding
any change of use of real property acquired or improved with CDBG assistance;
e. Record s documenting compliance with the civil rights components of the C DBG
program , and fair housin g a nd equal opportunity records ;
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f. Records that demonstrate compliance with the citi zen participation 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.
Subrecipient 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. Subrecipient records pertaining to
obligations, expenditures, and drawdowns must be able to relate financial transactions
to either a specific origin year grant or to program income received during a specific
program year;
1. Labor standards records required to document compliance with the Davis Bacon Act
(40 U.S .C. 3141-3144, 3146-3148) as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as amended, State prevailing
wage law and all other applicable Federal, state and local laws and regulations
applicable to CDBG-funded construction projects;
J. Agreements and other records related to lump sum disbursements to private financial
institutions for financing rehabilitation as prescribed in § 570.513; and
k. Other records neces sary to document compliance with 24 CFR 570.600-614 Subpart
K-Other Program Requirements or other applicable laws and regulations,
including:
• Affirmatively Furthering Fair Housing
• Section 109
• Labor Standards
• Environmental Reviews
• National Flood Insurance program
• Displacement, relocation, acquisition and replacement of housing
• Employment and contracting opportunities
• Lead Based Paint
• Use of Debarred, suspended or ineligible contractors or subrecipients
• Unifonn administrative requirements and cost principles
• Conflict of Interest
• Executive Order 12372
• Eligibility restrictions for certain resident aliens
• Architectural Barriers Act and the Americans with Disabilities Act.
2. Access to Records and Retention
The City and other authorized representatives of the state and federal governments shall have
access to any books, documents, papers and records of the Subrecipient that are directly
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pertinent to thi s Agreement for the purposes of making audit, examination, excerpts and
transcriptions.
All such records and all other records pertinent to this Agreement and work undertaken under
this Agreement will be retained by the Subrecipient for a period of six (6) years after final
audit of the CDBG project, unless a longer period i s required to resolve audit findings or
litigation . 1n such cases, the City will request a longer period of record retention .
3. Audits and Inspection Records
The Subrecipient that expends $750,000 or more in a fiscal year in federal fund s from all
source s 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 full y resolved by the Subrecipient within
thirty (30) days after receipt by the Subrecipient. Failure of the Subrecipient to comply with
the above audit requirements will constitute a vio lati on of this Agreement and may result in
the withholding of future payments.
The Subrecipient is responsible for any audit exceptions incurred b y its own organi zation or
that of its Contractors. The City reserves the right to recover from the Subrecipient all
disallowed costs resulting from the audit.
All Subrecipient records with respect 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 Subrecipient shall maintain beneficiary data demonstrating eligibility for services
provided. Such data shall include, but not be limited to, name, address, income level or other
basis for detennining eligibility, and description of service provided. Such information shall
be made available to City or their designees for review upon request.
The Subrecipient understands that beneficiary information collected under this contract is
private and the use or disclosure of such infonnation, when not directly connected with the
administration of the City 's and/or Sub recipient's responsibilities with re spect to services
provided under this contract, is prohibited unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
C. Reporting
1. Program Income
The Subrecipient will report annually all program income, as defined by 24 CFR 570.500,
generated by activities carried out with CDBG funds made available under this Agreement.
The use of program income b y the Subrecipient will comply with the requirements set forth
by 24 CFR 570.504. The Subrecipient may use such income during the contract period for
activities permitted under this contract and shall reduce any request for additional funds by
the amount of any such program income balance on hand. All unexpended program income
shall be returned to the Ci ty at the end of the contract period. Any interest earned on cash
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advances from the U.S . Treasury and from funds held in a revolving fund account i s not
program income and shall be remitted promptly to the City.
2. Periodic Reports
The Subrecipient, at such times and in s uch 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 Subrecipient 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 b y 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 Subrecipient will s ubmit a final summary report upon project completion.
Reimbursement for project costs incurred will be contingent upon the regular and timely
submis sion 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 infonnation 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-
award s greater than $25 ,000. All sections of the FF AT A reporting form must be completed
immediately and returned to the City to facilitate required FF ATA information reporting.
D. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement will be in
compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503,
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient will trans fer to the City any CDBG fund s on hand and an y accounts
receivable attributable to the use of funds under this Agreement at the time of expiration,
cancellation, or termination.
2 . Real property under the Sub recipient's control that was acquired or improved, in whole
or in part, with funds under this Agreement in excess of $25 ,000 will be used to meet one
of the CDBG National Objectives pursuant to 24 CFR 570.208 until fi ve (5) years after
the contract is closed. If the Subrecipient fail s to use CDBG-assisted real property in a
manner that meets a CDBG National Objective for this 5-year period of time, the
Subrecipient 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-CD BG 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 Subrecipient 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
Subrecipient for acti vities under this Agreement will be (a) transferred to the City for
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COBO-eligible activities as approved by the COBO program or (b) retained after
compensating the City.
10. PERSONNEL AND PARTICIPANT CONDITIONS
The Subrecipient 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 I 09 of the Housing and Community Development Act of 1974:
No person in the United States will on the grounds of race, color, creed, religion, sex or
national origin be excluded from participation in, be denied benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
3. Age Discrimination Act of 1975, as Amended
No person will be excluded from participation, denied program benefits, or subjected to
discrimination on the basis of age under any program or activity receiving federal
funding assistance. (42 U.S.C . 610 et. seq.)
4. Section 504 of the Rehabilitation Act of 1973 , as Amended
No otherwise qualified individual will , solely by reason or his or her disability, be
excluded from participation (including employment), denied program benefits, or
subjected to discrimination under any program or activity receiving Federal funds. (29
U.S.C. 794)
5. Public Law 101-336, Americans with Disabilities Act of 1990
Subject to the provisions of this title, no qualified individual with a disability will , by
reason of such disability, be excluded from participation in or be denied the benefits of
the services, programs, or activities of a public entity, or be subjected to discrimination
by any such entity.
6. Architectural Barriers Act of 1968, as Amended
Certain federally-funded building or facilities shall be designed, constructed or a ltered to
ensure accessibi lity to, and use by, physically handicapped persons. Some buildings and
faci liti es that include COBO funds subject to the Architectural Barriers Act must comply
with the Uniform Federal Accessibi lity 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 )
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7. Americans with Disabilities Act of 1990
Prohibited discrimination against disabled persons includes the failure to design and
construct faci lities (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. 170lu)
Compliance in the Provision of Training, Employment, and Business Opportunities:
1. The work to be perfonned 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 Subrecipient 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 hi s
commitments under this Section 3 clause and will post copies of the notice m
conspicuous places available to employees and applicants for employment or training.
4. The Subrecipient will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant, or recipient of
federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the Secretary of
HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where
it has notice or knowledge that the latter has been found in violation of regulations under
24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it
with a preliminary statement of ability to comply with the requirements of these
regulations.
5. Compliance with the provisions of Section 3 , the regulations set forth in 24 CFR 135 , and
all app licable rules and orders of HUD and the City issued hereunder prior to the
execution of the contract, will be a condition of the federal financial assistance provided
to the project, binding upon the Subrecipient of such assistance, its successors, and
assigns. Failure to fulfill these requirements will subject the Subrecipient, its consultants
and subcontractors, its successors and assigned to those sanctions specified by this
Agreement, and to such sanctions as are specified by 24 CFR 135.
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C. Conduct
1. Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without the prior
written consent of the City thereto; provided, however, that claims for money due or to
become due to the Subrecipient from the City under this contract may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any such
assignment or transfer will be furnished promptly to the City.
2. Conflict of Interest
No member of the City 's governing body and no other public official of such locality, who
exercises any functions or responsibilities in connection with the planning or carrying out of
the project, will have any personal financial interest, direct or indirect, in this Agreement;
and the Subrecipient will take appropriate steps to assure compliance.
The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611,
which includes maintaining a written code or standards of conduct that will govern the
performance of its officers, employees or agents engaged in the award and administration of
contracts supported by Federal funds.
The Subrecipient covenants that its employees have no interest and will not acquire interest,
direct or indirect, in the study area or any parcels therein or any other interest which would
conflict in any manner or degree with the perfonnance of services hereunder. The
Subrecipient further covenants that in the perfonnance of thi s Agreement, no person having
such interest will be employed by the Subrecipient.
3. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclus ion -
Lower Tier Covered Transactions
a. The lower tier contractor certifies, by signing this contract that neither it nor its
principals is presently debarred, suspended , proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
b. Where the lower tier contractor is unable to certify to any of the statements in this
contract, such contractor will attach an explanation to this contract.
c. The contractor further agrees by signing this contract that it will not knowingly enter
into any lower tier covered transaction with a person who is debarred , suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction.
D. Procurement
The Subrecipient shall undertake to ensure that all subcontracts let in the perfonnance of thi s
Agreement shall be awarded on a fair and open competiti on basis in accordance with
applicable federal , state and local procurement requirements. Executed copies of all
subcontracts shall be forwarded to the City along with documentation concerning the
selection process.
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E. Subcontracts
The Subrecipient may, upon the City's specific written approval of the contract instrument,
enter into any subcontract or procurement action authorized as necessary for the successful
completion of this Agreement. All procurement actions and subcontracts shall be in
accordance with applicable federal and state law relating to contracting by public agencies.
The Recipient Department shall cause all of the provisions of this contract in its entirety to
be included in and made a part of any subcontract executed in th e pet:{ormance of this
Agreement.
F. Copyright
If this Agreement results in any copyrightable material or inventions, the City reserves the
right to royalty-free , non-exclusive and irrevocable license to reproduce, publish or otherwise
use and to authorize others to use, the work or materials for governmental purposes.
G. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utili zed for
inherentl y religious activities prohibited by 24 CFR 570.200U), such as worship, religious
instruction, or proselytization.
H. Lobbying
The Subrecipient is prohibited from using fund s provided herein or personnel employed in
the administration of the program for political activities, lobbying, or political patronage. The
Subrecipient agrees to comply with the relevant sections of the Byrd Anti-Lobbying
Amendment (31 U.S.C. 1352).
11. ENVIRONMENT AL CONDITIONS
All projects must obtain an overall environmental clearance before any funds provided under this
Agreement are obligated. The Subrecipient must comply with the provisions of the National
Environmental Policy Act of 1969 (42 U.S.C. Section 4321 , et seq.) and 24 CFR Part 58. The
purpose of this Act is to attain the widest use of the environment without degradation, risk to
health or safety or other undesirable and unintended consequences. An overall environmental
review, which includes completion of a statutory checklist, determination of significant impact,
and publication of a finding of significant impact or finding of no significant impact for each
project b y s ite address, is required. Such environment review will be completed by the City.
The Subrecipient will supply the City any and all information required to make final
determination of environmental impact once an individual site address has been identified. The
Subrecipient must s ubmit environmental checklists and documentation to the City prior to
committing any funds to a project or requesting that funds be released for the project. The City
must certify that the proposed project will not significantly impact the enviromnent and that the
Subrecipient has complied with environmental regulations prior to release of funds .
The Subrecipient agrees to notify City immediately of any changes to the project address, or
scope of work and refrain from making any expenditures until a new environmental clearance
has been completed. Funds will not be disbursed for reimbursement of expenditures on any
project that fails to meet these conditions.
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A. Environmental Protection
The Subrecipient agrees to comply with the following requirements insofar as they apply to
the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq., 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 Subrecipient shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards , flood
insurance under the National Flood Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehab iii tation).
C. Lead Based Paint
Subpart B of 24 CFR Part 35 and Section 40l(b) of the Lead Based Paint Poisoning
Prevention Act apply to CDBG assisted rehab and construction requiring that lead based
paint hazards must be eliminated to the extent practicable. The Subrecipient agrees that any
construction or rehabilitation of residential structures with assistance provided under this
Agreement shall be subject to HUD Lead Based Paint Regulations at 24 CFR 570.608 , and
24 CFR Part 35 , Subpart B. Such regulations pertain to all CDBG assisted housing and
require that all owners, prospective owners, and tenants of properties constructed prior to
1978 be properly notified that such properties may include lead based paint. Such notification
shall point out the hazards of lead based paint and explain the symptoms, treatment and
precautions that should be taken when dealing with lead based paint poisoning and the
advisability and availability of blood lead level screening for children under seven. The
notice should also point out that if lead based paint is found on the property, abatement
measures may be undertaken. The regulations further require that, depending on the amount
of federal funds applied to a property, paint testing, risk assessment, treatment and/or
abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance of
this agreement. In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty years old or
o lder or that are included on a federal , state, or local historic property list.
E. Energy Efficiency
The Subrecipient 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 . 620 I).
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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 fai lure to act with re s pect to a breach by the Subrecipient does not waive its right to
act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce
any right or provision will not constitute a waiver of such right or provision.
14. DISPUTE RESOLUTION
This Agreement has been and shall be construed as having been made and entered into and
delivered within the State of Washington, and it is agreed by each party hereto that thi s
Agreement shall be governed by the laws of the State of Washington and applicable federal l aws.
In the event of a dispute regarding the enforcement, breach, default, or interpretation of this
Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort
to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties,
said dispute shall be resolved by arbitration pursuant to Chapter 7.04A RCW, as amended, with
both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shal l be entitled to its
reasonable attorney fees and costs as additional award and judgment against the other.
15. ENTIRE AGREEMENT
Thi s Agreement constitutes the entire agreement between the City and the Subrecipient for th e
use of funds received under this Agreement and it supersedes all prior communications and
proposals, whether electronic, oral , or written between the C ity and the Subrecipient with respect
to this Agreement.
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IN \1/ITNESS WHEREOF, the City and the Subrecipient have executed this Agreement as of the date
and year last written below.
CITY OF PASCO
Rick White, Community & Economic Development
Director
Approved As To Form:
Leland B Kerr, City Attorney
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By:
e Ho I nd, YMCA of the Greater
-Citie'S Executive Director ,
Date: --+-l =-+-0{ _1/2;....L-L-} /_(/ __
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. 8/3 I /2008)
Priority Need: Goal 3/Strategy 3.2, Homeless interventions and prevention, and su pportive services
Project Title: HUD ID 373 -YMCA Martin Luther King Community Center Recreation Program
Project Description:
CDBG funds provide YMCA recreation programs at the Martin Luther King Center. This facility's program is
coordinated with the YMCA, Salvation Army and Campfire USA, who a ll co llabora te to provide education and
physical activities to school age children and their families.
Objective category: Suitable Living Environment
Outcome category: Availability/Accessibility
Location/Target Area: 333 W Wehe Ave
LMA2-Martin Luther King Center Neighborhood -Public facility and park service area is defined as
encompassing a one mile radius surrounding the park. There are many more activities geared toward High
School age students at this facility attacting residents from neighborhoods further west to 20th Avenue. Service
Area Boundary: 1-182/US-395 to the north west and US-12 to A Street/Columbia River south east.
CT201.2,3,4, CT202.l-3, CT203.l,3, CT204.1-6 (LMISD 8/4 /2017 20275 LM/26955 LMU75 .22%)
The primary purpose of the project is to help:
D the Homeless D Persons with HIV /AIDS
Objective Number Project ID
SLE--5 0002
HUD Matrix Code CDBG Citation
052-Public Services 570.20l(e)
(General)
Type of Recipient CDBG National Objective
Subrecipient LMA-570.208(a)(1)
Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy)
1/1/2018 12/31/2018
Performance Indicator Annual Units
3 -People Assisted 26955
Local ID Units Upon Completion
GR4CDPS1873
D Per so ns with Disabilities
Funding Sources:
C DBG
Other Funding
HOME
HOPWA
Total Formula
Prior Year Funds
Assisted Housing
PHA
ESG
Total
D Public Hou s in g Need s
CDBG
...................... J .2.1.,095_..oo ... .
·····················___$25 ,000 .. 00 ... .
0
·································································-o ..................................................................
0
·······················•···································"'"""'"
0
······················•············································
0 ...................................................................
0
0
$46,095.00
C-2018-2-5 HUD
YMCA Martin Luther King Community Center Recreation Program
Applicant
Address
Community Development Block Grant Application
2018 Program Year
RECEIVED
YMCA of the Gre ater Tri -C ities
1234 Co lumbia Park Trai l, Richland, WA 99352
JU N 2 5 2017
Project Name Pasco YMCA at the Martin Luther King Jr. Center COMMUNITY & ECONOMIC DEVELOPMENT
Contact Person
Telephone
Federal Tax ID#
CDBG Funds Reque sted
Steve Howl and, Executive Director
509-374-1908 Email steve@ymcatricities.org
91-0655754
(required)
$20,000
DUNS# 11-938-0736
(required)
Leverage $25,000 -------------
l. Describe your project and its proposed l ocation, including what exactly the CDBG funds will be used for, a
desc ript ion of the persons you will be serving, an d why the project is needed.
The Pasco Y at the Martin Luther King Jr. Center (MLKC) offers a safe, pos itive and healthy environment for
youth, teens, young adults and famili es li ving in and around the Kurtzmen Park neighborhood. The YMCA
offers organized soccer leagues, as well as facil ities including a computer lab, homework center, game room,
weight room and gymnasium. Fi nancia l Assistance is provided for those that cannot affor d the full program
fees, and we provide annual memberships for all ages for $10.00/year, da ily passes for o nly $1.00. Th e Y has
been providing progr ams at the MLKC for over 30 years with cooperation from the City of Pasco.
2. Describe the unmet need in the communi ty us ing statistics, demographics or other factual infor mation.
The Kurtzman Park neighborhood i s located in Census tract 201. Th is is a low income, at risk neighborhood
with 27.8% percent living in poverty compared to the 17.1% for overall Franklin County. The neighborhood
does not offer easy access to oth er p arts of town due t o the rail r oad overpass. This census tract is also
unique si nce nearly 10,000 res idents it is estimated by the census that 42% are under the age of 18.
This makes the need for the Y program even mor e impo r tant to t h e area youth.
3. Refer to the Community Priority Needs {EXHIBIT A). -w h at Goa l, Strategy, Obje ctive and Ou tcome does
your project fulfill?
Goa l# _3 ____ Strategy # 2 Objective# 1 Outcome# 1
4. Proj ects will be ranked accord ing to the local allocation priorities. Refer to Allocation Policy {EXHIBIT BJ
(Check on ly one box)
A. Hi gh Priority O B. Average Priority ~ C. Low Priority O D. No Pr iority 0
Explain how your application satisfies that prior ity: We meet this priority by providing programs
to disadvantaged youth living in the vicinity of Kurtzman park and surrounding neighborhoods in Pasco.
2018 CDBG Application 1
5. How does your application meet t he National Objective of primarily bene fiting low and moderate-income
persons ? (Ch eck only one box -a, b, c, d)
a. D You r eceive income data verification from each individual or househo ld beneficiary of the program(LMC/LMH)
b. D Your project serves only the following clientele (LMI Presumed Benefit): (ch eck only one box)
D Elderly persons
D Illiterate persons
D Battered spouses
D Homeless persons
D Abused ch ild ren
D M igrant fa rm worker s
D Severely disabled adults
D Persons living with AIDS/HIV
D Other: Desc ri be
c. D Your project will create jobs that employ low to moderate-incom e employees (LMJ).
d. ~ Your project/activi ty serves on ly a limited area which is proven by American Community Survey data to be
primari ly low-moderate income (LMA). Complete Item 6 Below:
6. Pr ovide a vicinity map (separate page) showing the location of the projec t and service area. Include a narrative
d escription of the project boundaries (or address) and the area to be serve d (LMA). Attach pages if necessary.
Boundaries:
Project Address/Location: 205 S. Weh e, Pasco, WA 99301
Census
Tract(s)# 201
Block
Group(s)# All
7. Provide *Performance Indicators, Obje ctives and Outcomes {EXHIBIT CJ benchmarks you hope to achieve in
program year 2018, e.g., How many undupl icated persons will be served, how many houses will be rehabbed,
how many jobs created, how m any publi c buildings or parks will be improved
Do not inflate your estimates -the numbers provided will be used to assess your p ro posed project's success.
• Public Facility -Buildings Parks Facility· People • Public Facility -Community Infrastruct ure -People
• Public Service -People -Individuals • Fafade -Businesses ar Jabs -People/Indi viduals
• Rehabilitation -Houses • Hausehalds • Ecanamic Development -Jabs ar businesses -Individuals/People
Numbe r Performance CDBG Co st Pe r Total CDBG Non-CDBG
Served Indicator Unit Cost Match
1st Qua rter 666 Participants $9.29 $6,187 $39,270
2"0 Quarter 566 Pa rticipants $9.29 $5,258 $33,373
3rd Quarter 579 Participants $9 .29 $5,379 $34,141
41n Qua r ter 342 Participants $9.29 $3,176 $20,158
*TOTAL SERVED 2,153 Participants $9.29 $20,000 $126,942
8. Of the tota l numbe r "Served" l isted in the above table, pl ease categorize your cl ientel e by the fo llowing criteria:
Number of clients below 30% median income 638 *Total must
Number of clients below 50% med ian income 1,392 match total
Number o f clients below 80% med i an incom e
Number of elderl y clients
Number of minority clients
Number of disabled clients
Total Pasco resident s se rved
Number of Fema l e Head of Househo ld
2018 CDBG Application
122 Served above.
2,153
0 Supplemental --------------1,953 housing
O information
Unknown
2
9. What is the dollar amount of CDBG funds your agency ha s received in the past three yea r s?
2015 2016 2017
Kennewick 0 0 0
Pasco $20,000 $20,000 $20,000
Richland 0 0 0
10 What impact will your projec t have in the community? How will you mea su re yo ur success?
Success is measured by participa t ion in the programs that we offer and the attendance at the Center.
11 The following are the maximum incom e guide lines for 2016 CDBG fund ed programs (80% is the maximum
e ligible). These gu idelines 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 32,550 35,200 37,800 40,400 43,000
80% 36,500 41,700 46,900 52,100 56,300 60,450 64,650 68,800
Median 45,600 52,100 58,600 65,100 70,400 75,600 80,800 86,000
For Information Only, 2018 Income Limits will apply.
12 Give a detailed breakdown of the total budget for this project by lin e it em. Show where the CDBG funds you
are requestin g will be appli ed toward t h e lin e items listed below. List any other so urce s o f funds you w ill use
to match with the CDBG funds. Your tota l expenses should equal the amount of CDBG f unds requ es ted and a ll
other source fund s. Please provide supplementa r y documentation for the budget if ava ilable.
Expen se
Requested CDBG
Other Funds
Source of Oth e r
TOTAL BUDGET Funds Funds
PERSONNEL: Program fees, United
Sa laries $15,000 $117,537 Way, other Grants, $132,537
Delivery 0 Internal funds
OPERATIONS: Program fe es, United
Rent/Le ase 0 Way, other Grants,
Utilities 0 In ternal funds
Supplies $5 ,000 $9,405 $14,405
CONSTRUCTION:
Engin ee ring 0
Materials 0
Labor 0
Contracts 0
Incidentals 0
PROPERTY:
Pu r ch ase Price 0
Clo sing Costs 0
OTHER (Describe):
TOTAL $20,000 $126,942 $146,942
2018 CD BG Appl icati on 3
13 Are the above "other sources" of funds secured? Provide documentation of budget for source of other fund s:
Not all funds are secure at this time, however history shows we should be on solid ground. Presentations
to our Community Foundation takes place September 2017 and our Annual Campaign January-March 2018.
United Way for the first half of the year is secure at $5,000.
14 If you do not receive the requested funds, or receive only a portion of what you request, what will you do?
If partial funding i s provided we may need to consider program cut backs, such as reduced hours. With the
small amount of United Way funds received in 2017, it would cushion us if CDBG funding was cut back.
If funding is completely eliminated the Board will need to consider continued operations.
15 If your request includes recurring costs such as staff time, supplies, etc., what is your pl an to secure funds for
these needs in the future? {The pu rp ose of CDBG funds i s not to fund projects that are the general
responsibility of governm ent or to maintain the operation of a non-profit organization.)
Program funding is only for the direct cost of staff and supplies, not overhead. Others including ; Foundations,
private donors and United Way also assist in providing for the service delivery of our programs at the MLKC.
16 Self-Assessment, Check "yes" or "no" for each of the following questions:
Risk Assessment Question? Yes No
1. Is your organizat ion new to the CDBG program? • ~
2. Is this a new activity for the organization? • •-
a. Ha s this activity been com pl eted successfully in prior years? ~ •
b. Have CDBG performance goa ls been met in prior years? ~ •
3. Does the organization have unresolved audit findings? I I ~
4. Is staff responsible for the CDBG project new or inexperienced? I I IXI
5. Does your project displace or relocate any individual or business? • ~
6. Does your project involve construction/ renovation? LJ !XI
a. Do you own the property? • •
b. Do you have experience with f e deral Davis-Bacon wage require ments? • •
7. What type of CDBG activity is your project? {Choose one)
1) Administration •
2) Public Se rvice lg]
3) Economic Development • 4) Affordable Hou sing {a cquisition/reh abilitation, etc.) • 5) Public Fac ility {Buildings/Parks, etc.) •
6) Code Enforcement • 7) Community Infrastructure {curb/gutter/sidewalks/sewer/water, etc.) •
8) Revitalization {Desc r ibe ):
•
2018 CDBG Application 4
Certifications and Assurances
I/we make the following certifications an d ass ura nces as a required element of the Application to which it is
attache d, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these
requirements are conditions preceden t of the award or co ntinuation of the r elated contract(s).
The City of Pas co reserves the right at its so le discretion to reject any or a ll app lications received without penalty
an d is not o bligated to enter into a contract of any appli cant. Incomplete, late o r ineligible Application packets may
be returned to th e applicant without further co nsid erati on.
I understand that the City will not r eimburse for any costs incurred in the preparation of this Application. All
applications will become the proper ty of the City, and I/we claim no propri etary right t o t he ideas, w r itings, items
o r samples.
SU BMITTED BY:
Printed Name & Tit le
Jun e 23, 2017
Date
2018 CDBG Application 5
Community Development Block Grant Application
2018 CDBG Program Year
Public Service Special
Attac hme nt #1
Complete this page if you are continuing a "Public Service" activity
1. When was your agency organi zed/ for med?
2. We are a: 0 Washington State Municipal Corp ~ non-profit D faith-based
3. Does your agency hav e fed eral IRS non-profit status? Yes~ No0
4. List any required accred itation your agency/ staff must have in order to do business:
T he YMCA of the USA has established requirements including; audits, safety protocols, anti-discrimination
and ongoing training education requirements for th e YMCA and the CEO.
5. To what othe r agencies have you applied for funding and what commitments have you obtained for this
purpose?
We have been a recipient of a $20,000 grant from the Three Rive rs Community Foundation, we
will b e applying fo r this grant again in the fall o f 2017. We have also received a grant from the
United Way of Benton-Franklin County for the 20 17-18 cycle fo r $7 ,000.
6. Will CDBG funds be used to assist in leveraging or matching other fundin g?
7 . Is this the first year for the program?
Yes~
YesO
No0
No~
a. Year began: 1986
8 . If you rece ive funding for 2018, how will your program be funded in the future?
Through a combination of program fe es, memberships, private donors, Community Grants and
hopefully CDBG funding.
9. If you received CDBG fund i ng in prior years and are requesting increased funding, please quantify the increa se
in service that you will provide and ex plain new demand or unmet need in the community for the increase in
service.
We are not requesting addi ti ona l funds. The $20,000 allocation allows us to maintain the
program at it's c urrent levels.
2018 CDBG Application 2
6. Vicinity Map of project l ocation & service area.
Yellow highlighted area i s Census tract 201.
r ---~
\,'-/l ..... \
'· ....
\ ·, ', ..
......
·, ' . --.......... ... _~---.c::_
-1•• ••"u-u u • • • • llt H
Blue marker shows the location of the Pa sco YMCA at the Martin Luther King Jr. Center, green zone shows a 1-mile radius showing
our primary service area .
J"'1 SI
CC'
WAS!
w es.
~msSI
Ci ty v,ew Cemetery
L
l A S1
E BS1
EJamHSl
'
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l:.fltn OC;i~11
Mlddl• Scho->I
f tl,g~ and S1
(l"-s St
lASl
COMMUNITY DEVELOPMENT DEPARTMENT509-545-344l I FAX 509-545-3499
P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301
Mr. Steve H owland, Executive Director
YMCA of the Greater Tri-Cities
1234 Columbia Park Trail
Pasco, WA 9930 I
MayS,2018
Subject: C-2018-2-5. CDBG Subrecipient Agreement Award
373 YMCA Martin Luther K ing Community Center Recreation Program Letter to Incur Costs
Dear Mr. Howland:
I am pleased to infonn you that subject activity has been selected by the Pasco City Council (R esoluti o n 3795) to receive up to
$20,000 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 Hou s in g and Urban Development (HU D).
This award is based on your eligibility review of your 2018 CDBG Grant application for YMCA Martin Luther King Community
Center Recreation Program. Any departure from the information in the application, as approved, such as changes to the scope of
work , budget or schedul e may lead to the rescission of the award. Pleas e notify this department in writing immediately of
potential changes of this nature.
This letter allows your o rganization to incur costs in an amount not to exceed ten percent of your award for the following
activities not requiring an environmental review, which may be needed to begin your project:
• Preliminary 1.:nvironmental studies and review of24 CFR 58.5 laws a nd authorities including Section 106 of the ational
His toric Preservation Act of 1996;
• Preliminary engineering feasibility s tudies to the extent needed for the environmental assessment;
• Project related admin istration costs including s taffing, advertisements and other a dmin istrative expenses;
When work is s tarted on the basis of this letter, CDBG procurement procedures, te1m s, and requirements must be met for
development of contracts and agreements for any of the above activities. Construct ion projects requirin g an environmental review
cann ot be committed (con tracts signed or work started), nor can HUD o r non-HUD funds be committed, until specific procedures
required by the State Environmental Pol icy Act (SEPA) and the National Environmental Policy Act (NEPA) have been
completed and the time period for public rev iew, if appli cable, 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 reimbursed on ly after a written agreement has 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 contra ct which we expect to finalize within 7 days from execution of the final HUD
award letter. In preparation, staff from your o rgani,:ation may request an electron ic copy of P lay in g by the Rules s ubrecipient
handbook or indi v idual grants management training. If more than o ne request for training is received a CDBG Management
Workshop will be scheduled to accommodate those reques ts. You may contact me directly at (509) 543-5739 o r via email at
p it mana(U:.pasco-wa.gov or by contacting Krys tle Shanks at (509)545-3441 or via email a t shanksk@pasco-wa.gov. We look
forward to working with you on this worthwhile project.
E nclos ures: Written Agreement
Sincerely,
~If-~
Angela R . Pitman, CDBG Administrator
Community & Economic Development
EXHIBIT B
State and Federal Requirements and Assurances
2 CFR 200 Certifications and Assurances
B-1
Attachment B
STATE AND FEDERAL
REQUIREMENTS AND ASSURANCES
In addition to laws listed in the general terms and conditions of this Agreement, the Grantee
assures compliance with the following regulations as they pertain to the local project.
Contact the City if you want assistance i n obtaining a copy of these regulations.
A. HOUSING AND COMMUNITY DEVELOPMENT
1. Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U .S .C. 3601 et seq.),
commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing
Amendments Act of 1988 (P.L. 100-430)
2 . Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107)
3 . The Housing and Community Development Act of 1974, as amended through 1992:
Sections 109 ; 104 (b) 4; 104 (d); and 104 (I), which prohibit discrimination and requi re
identification of housing and community development needs; a "residential anti-
displacement and relocation assistance plan "; and adoption and enforcement of policies
prohibiting the use of excessive force.
4 . Title II and Ill of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 197 0 (42 U S.C. 4630) as amended in 1989)
5 . Tille 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 A ct, as amended (40 U.S .C. 3 141 et seq .)
2 . Prohibition of Use of CDBG for Jo 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 Air Act, as amended (42 U .S .C. 7401 et seq .)
3. HUD Environmental Criteri a and Standards (24 CFR Part 5 8)
4. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990:
Protection of Wetlands (42 FR 2 6961 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 Archaeolo gical and Historic
Preservation Act of 1974 (16 U .S .C. 469 et seq .)
10. The Safe Dri nking Water Act of 1974, as amended (42 U.S .C. 300f et seq ., 21 U.S.C .
349, as amended, and 40 CFR Part 149 (Environmental Protection Agency));
11. The Federal Water Pollution Control Act of 1972, as amended , including the Clean
Water Act of 1977, Public Law 92-2 12 (33 U .S.C . Section 1251 et seq .)
12. The Solid Waste Disposal Act, as amended by the Resource Conservat io n 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 Ord er 11593, Protection and Enhancement of the Cultura l Environment, May
13, 1971
17. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq . and 7 CFR Part 658)
18. Environmental Justice (Executive Order 12898), as amended by Executive Order 12948
19. Explosive and Flammable Operations (Section 2 of the Housing Act of 1949, as
amended (42 U.S C. 1441 ), Section 7(d) of the Dept HUD Act of 1965 (42 U.S .C.
3535(d)), Section 2 of the Housing and Urban Development Act of 1969 (42 U.S .C.
1441(a)), and 24 CFR Part 51 Subpart C)
20. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949
as amended ( 42 U S. C. 1441 ), affirmed by Section 2 of the Housing and Urban
Development Act of 19 69 , 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. Determinin g Conformity of Federal Action s to State or Federal Implementation Plan s
(Envi ronmental Protection Age ncy -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. Slate Environmental Policy Act (SEPA), Chapter 43.21 C RCW
4 . State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter
19.27 A 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 Policy Act (SEPA), Chapter 43 .21(C) RCW
7. Noise Control, Chapter 70 .107 RCW
8. Shoreline Management Act of 1971, Chapter 90.58 RCW
9. Governor's Executive Order 89-10, December 11 , 1989: Protection of Wetlands, and
Governor's Executive Order 90-04, April 21, 1990: Protection of Wetlands
GENERAL TERMS AND CONDITlONS
1. DEFINITIONS
As used throughout this Contract. the following terms shall have the meaning set forth below:
A. "Authorized Representative• shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B . "Subrecipient" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Subrecipient.
C . "City" shall mean the City of Pasco, Community & Economic Development Departme nt or its
successor agency.
0 . "Personal Information· shall mean information identifiable to any person , including , but not limited
to, information that relates t o a person 's name, health, finances , education, business. use or
receipt of governmental services or other activities , addresses. telephone numbers , social
security numbers. driver l icense 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 conditions agreed upon by the parties . No other
understandings , oral or otherwise. regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
3 . AMENDMENTS
This Agreement may be amended by mU1ual agreement of the parties . Such amendments shall not
be binding unless they are in writing and signed by personnel authorized l o bind each of the part ies.
4 . ASSIGNMENT
Neither this Agreement, nor any claim arising under th is 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 litigati on or other
action brought to enforce Contract terms , each party agrees to bear its own attorneys fees and costs .
6. AUDIT
A. General Requirements
Subrecipients are to procure audit services based on the following guidelines .
The Subrecipient shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that Contractors also maintain auditable records .
The Subrecipient is responsibl e for any audit exceptions incurred by its own organ ization or that
of its Contractors .
City reserves the right to recover from the Subrecipient all disallowed costs result ing from th e
audit.
Subrecipient Agreement for Federal Funds
GENERAL TERMS AND CONDITIO NS
As applicable, Subrecipients required to have an audit must en sure the audits are performed in
accordance with Genera lly Accepted Aud iting Standards (GAAS), Government Auditing
Standards (the Revised Yellow Book} developed b y the Comptroller General.
Respons es to any unresolved m anagement findings and disallowed or questioned costs shall be
included wi th the audit report. The Subrecipient must respond to City requests for information or
corrective action concerning audit issues within thirt~• (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 fe deral funds from all sources,
direct and indirect, are required lo ha ve an audit conducted in accorda nce with Office of
Ma nagement and Budget (0MB} Revised Circular A-133 'A udits of States, Local Governments.
and Non-P rofit Organizations · Revised 0MB A-1 33 requires th e Subrec,pient lo provide the
auditor w ith a sch edule of Federa l Expenditure for the fiscal year(s) being audited The Schedule
of Stale Financial Assistanc e must be included. Both schedules include :
Gra nter agency name
Federa l agency
Federal program name
Other identifying agreement numbers
Ca talog of Federal Domestic Assistance (CFDA) number
Granter agreement number
Total award amount including amendments (total grant award)
Beg inni ng balance
Current year revenues
Current year expenditures
End ing bala nce
Program total
If the Subrecipient is a state or local g overnment entit y, the Office of th e State Auditor shall
conduct the au dit. Audits of non-profit organizations are to be conducted b y a certified public
accounta nt selected by the Subrecipient in accordance with 0MB Circu la r A -1 10 "Un iform
Administrative Requ irements for Grants and Agreements with Institutions of Higher Educat ion,
Hospitals, a nd Other Non-Profit Organizations .•
The Subreclplent sha ll include the above audit require ments in any subcontracts.
In any case , the Subrecip ient 's financial records must be available for review by City .
C . Documentation Requirements
The Subrecipient must send a copy of any required audit Report ing Package as described in
0MB Circ ula r A-133 , Part C , Section 320(c) no later than nine (9) months after the end of the
Subrecip ient's fisca l year(s} to .
City of Pasco
Community & Economic Development Department
525 N Third Avenue
Pasco, WA 99301
o Corrective action plan for audit findings within three (3 ) months of the aud it being
received by City.
• Copy of the Management Letter
Subrecipient Agreem ent f or Federal Funds 2
GENERAL TERMS AND CONDI TIONS
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 inelig ible , 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 comm ission of fraud or a criminal offense in
connection with obtaining , attempting to obtain, or performing a public or private agreement
or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft , forgery, bribery, falsification or destruction of records, making false statements. tax
evasion , receiving stolen property, making fals e claims, or obstruction of justice;
3 . Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal , State. or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this section; and
4 . Have not within a three-year period preceding the signing of this Agreement had one or more
public transactions (Federal, State, or local) terminated for cause of default.
B. Where t he Subrecipient is unable to certify to any of the statements in this Agreement, the
Subrecipient shall attach an explanation to this Agreement.
C. The Subrecipient agrees by signing this Agreement that it shall not knowingly e nte r into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntar ily excluded from participation in this covered transaction, unless authorized by City.
D. The Subrecipient further agrees by signing this Agreement that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," as is below, without modification, in all lower tier covered
transactions and in all solicitations for lower l ier covered transactions :
CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is
presently debarred, suspended , proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement,
such contractor shall attach an explanation to this Agreement.
E. The terms covered transaction, debarred , suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded , as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact City for assistance in obtaining a
copy of these regulations .
8. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confide ntial Information' as used i n this section includes:
1. All material provided to the Subrecipient by City that is designated as "con f idential '' by City;
2. All material produced by the Subrecipient that is designated as "confidential" by City; and
Subrecipient Agreement for Federal Funds 3
GENERAL TERMS AND CONDITIONS
3. All Personal Information in the possession of the Subrecipient that may not be disclosed
under state or federal law. "Personal Information· includes but is not limited to information
related to a person's name, health , finances, education, business , use of government
services , addresses, telephone numbers, social security number. driver's license number and
other identifying numbers, and "Protected Health Inform ation • under the federa l Hea lth
Insurance Portability and Accountability Act of 1996 (HIPAA).
B. The Subrecipient shall comply with all state and federal laws related to the use , sharing, tra nsfer,
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 v iolation of any state or federal laws related thereto. Upon request ,
the Subrecipient shall p rovide City with its policies and procedures on confident ia lity. City may
require changes to such policies and procedures as they apply to this Agreement whenever City
reasonably determ ines that changes are necessary to prevent unauthorized disclosures. The
Subrecipient shall make the changes within the time period specified by City. Upon request, th e
Subrecipient shall immediately return to City any Confidential Information that City reasonably
determines has not been adequately protected by the Subrecipient against unauthorized
disclosure.
C. Unauthorized Use or Disclosure . The Subrecipient shall notify City within five (5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
9. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Wash ington, it is
considered modified to conform to that statute or rule of law.
10. COPYRIGHT PROVISIONS
Unless otherwise p rovided, 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 publicity to City effective
from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports , documents ,
pamphlets , advertisements , books, magazines, surveys, studies, computer programs, films. tapes ,
and/or sound reproductions. "Ownership" includes the rig ht to copyright, patent, reg ister and the
ability to transfer these rights.
For Materials that are delivered under the Agreement, but that incorporate pre-existing materi als not
produced under the Agreement, the Subrecipient hereby grants to City a nonexclusive, royalty-free ,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute , prepare derivative works, publicly perform , and publicly display. The Subrecipient warrants
and represents that the Su brecipient has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity , necessary to grant such a license to City.
The Subrecipient s hall exert all reasonable effort to advise City, at the time of delivery of Materials
furnished under this Agreement. of all known or potential invasions of privacy contained therein and
of any portion of such document wh ich 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 r ight to modify or remove any restrictive markings placed upon the Materials by the
Subrecipient.
Subrecipient Agreement for Federal Funds 4
GENERAL TERMS AND CONDIT IONS
11. DISALLOWED COSTS
The Subrecipient is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that or 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 req ue st a dispute hearing with th e Director
of City, who may designate a neutral person lo decide the d ispute.
The reque st for a dispute hearing must:
• be i n writing;
• s tate the disputed issues;
• state the rel a tive positions of th e parties ;
• state the Subrecipien1's na me, address , and Agreement number, and
• be mailed to the Director and the other party's (respondent's) Agreement Representative
within three (3) working days after the parties agree that they cannot resolve the dispute .
The respondent shall send a written answer to the requester's statement to both the Director or th e
Director's designee and the requester w ithin five (5) working days.
The Director or d esignee shall review the written statements and reply in writing to bot h parties within
ten (10) working days. The Director or designee may extend this pe riod if necessary by notifying the
parties .
The decision shall not be admissible In any succeeding jud icial or quasi-judicial proceeding.
T he parties agree that this dispu te process shall precede any action in a j udicial or quasi -judicial
tribunal.
Nothing in this Agreement shall be construed to limit th e parties· choice of a mutually acceptable
alternate d ispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
13. DUPLICATE PAYMENT
The Subrecipient certifies Iha! work t o be performed under this contract does not du plicate any work
to be charged against any other contract, subcontract , or other source.
14. ETHICS/CONFLICTS OF INTEREST
In performing under this Agreement, th e Subrecipient shall assure compliance w ith th e Ethics in
Pu blic Service Act (Chapter 42.52 RCW ) and any other ap plicable state or federal law related to
ethics or conflicts of interest.
15. GOVERNING LAW AND VENUE
This Agreeme nt shall be construed and interpreted in accordance with the laws of the state of
Washington , and the venue of any action brought hereunder shall be in the S uperior Court for
Franklin County.
16. INDEMNIFICATION
To the fullest extent perm itted by law, the Subrecipient shall indemn ify, d efend, and hold harm less th e
state of Was hington, 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 properly or death arising
out of or incident to the performance or failure to perform the Agreement. The Subreciplent's
obligatio n to indemnify, defend, and hold harmless includes any claim by the Subrecipienl's agents,
employees. represent atives. or any Subcontractor or its agents , employees, or representat ives.
Subrecipient Agreement for Federal Funds 5
GENERAL TERMS At,JD CONDITIO NS
The Subrecipient's obligation to indemnify, defend, and hold harmless shall not be e liminated or
reduced by any actua l or alleged concurrent negligence of the State or its agents , agencies,
employees and officers.
Subcontracts shall include a comprehensive indemnificati on clause holding harmless the
Subrecipient, City, the state of Washington, its officers, employees and authorized agents.
The Subrecipient waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the State and its agencies, officers, agents or employees.
17 . INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Subrecipient and its employees or agents performing under this Contract are not employees or
agents of the state of Washington or City. The Subrecipient will not hold itself out as or claim to be an
officer or employee of City or of the state of Washington by reason hereof, nor will the Subrecipient
make any claim of r ight, privilege or benefit which would accrue to such officer or employee under
l aw. Conduct and control of the work will be solely with the Subrecipient.
18. INDUSTRIAL INSURANCE COVERAGE
The Subrecipient shall comply w ith all applicable provisions of Title 51 RCW . Industrial Insurance. If
the Subrecipient fai ls to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, City may collect from the Subrecipient the full
amount payable to the Industrial Insurance Accident Fund. City may deduct the amount owed by th e
Subrec1pient to the accident fund from the amount payable to the Subrecipient by City under this
Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I } Division
of Insurance Services. This provision does not waive a ny of L&l 's rights to collect from the
Subrecip1ent.
19. LAWS
The Subrecipient shall comply with all applicable laws , ord inances , codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to:
United States Laws, Regulations and Circulars (Federal)
A. Audits
Office of Management and Budget (0MB) Revised Circular A-133 "Audits of States, Local
Governments, and Non-Profit Organizations."
B. Labor and Safety Standards
Convict Labor, 18 U .S .C . 751, 752, 4081 , 4082
Drug-Free Workplace Act of 1988, 41 USC 701 et seq.
Federal Fair Labor Standards Act, 29 U.S .C . 201 et seq.
Work Hours and Safety Act of 1962, 40 U .S .C . 327-330 and Department oi Labor Regulations, 29
CFR Part 5 .
C . Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs .
Americans with Disabilities Act of 1990, Public Law 101-336
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375
and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
Subrecipient Agreement for Federal Funds 6
GENERAL TERMS AND CONDITIONS
Handicapped Employees of Government Subrecipients , Rehabilitation Act of 1973, Section 503 ,
29 U .S .C . 793.
Handicapped Recipients of Federal Financ ia l 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 Enterp ri se Development, Executive Order 12432 , 48 FR 32551 .
Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a).
Nondiscrimination in benefits , Title VI of the Civil Rights Act of 1964 , Public Law 88-352, 42
U .S.C . 2002d et seq, 24 CFR Part 1 .
No ndiscrimination in employment , Tille VII of the Civil Rights Act of 1964 , Public law 88-352.
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U .S .C . 2000e, as amende d by Executive Order 11375, 41 CFR Chapter 60.
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR
570.607(b)).
D . Office of Mana gement and Budget Circulars
Cost Pri nciples for Slate, Local and Indian Tribal Governments, 0MB Circular A-87 , 2 CFR , Part
225.
Cost Principles for Nonprofit O rganizations, 0MB Circular A-122 (if the Subrecipient is a nonprofit
organization ).
Grants a nd Cooperative Agreements with State and Local Governments , 0MB Circular A-102 (if
the Subrecipient is a lo ca l government or federally recogni zed Indian tribal government).
Uniform Adm inistrative 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 . 87 4 ; 40 U .S .C . 276b, 276c; 41 U .S .C . 51-54.
Governmental Guidance for New Restrictions on Lobbying ; Interim Final Gu idance, 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 o r bid for an award of $100 ,000
or more must file the required certification. Each tier certifies to the tier above that ii will not and
has not used Federal appropriated funds to pay any pe rson or o rgan ization for influencing or
attempting to influ ence an officer or employee of any agency, a member of Congress, office r 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 wit h non-Federal funds that takes place in connection with obtaining an y Fede ra l
award. Such disclosures are forwarded from tier to tier up to the recipient.
Non-Supplanting Federal Funds.
Section 8 Housing Assistance Payments Program .
F. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
Subrecipient Agreement for Federal Funds 7
GENERAL T ERMS AND CONDITIONS
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06 .020 (11).
B. Boards of directors or officers of non-profit corporations -Liability • Limitations , RCW 4.24 .264 .
C . Disclosure-campaign finances-lobbying, Chapter 42.17 RCW.
D . Discrimination-human rights commission, Chapter 49 .60 RCW .
E . Ethics in public service, Chapter 42.52 RCW .
F . Office of mino rity and women's business enterprises, Chapter 39 .19 RCW and Chapter 326-02
WAC .
G. Open public meetings act, Ch apter 42 .30 RCW .
H . Public records act, Chapter 42 .56 RCW.
I . State budgeting, a ccounting , and reporting system , Chapter 43.88 RCW .
20. LICENSING, ACCREDITATION AND REGISTRATION
The Subrecipient sh a ll comply with all applicable local, state , and federal licensing , accreditation and
registration requirements or standards necessary for the performance of this Contract.
21. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative 's designee by writing (designation
to be made prior to action) shall have the express , implied , or apparent authorit y to alt e r. amend,
modify, or waive any clause or condition of this Contract.
22 . NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, the Subrecipient shall comply with all federal, state, and
local nondiscrimination laws, regulations and policies . In the event of the Subrecipient's non-
compliance or refusal to comply w ith any nondiscrimination law, regulation or policy, this Agreement
may be rescinded, canceled or term inated in whole or in part, and the Subrecipient may be declared
ineligible for furthe r Agreements with City. The Subrecipient shall , however, be given a reasonable
time in which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein
23 . POLITICAL ACTIVITIES
Political activity of Subrecipient employees and officers are limited by the State Cam paig n Finances
and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act 5 USC 1501 -1508.
No funds may be used for wor king for or against ballot measures or for or against the candidacy of
any person for p ublic office.
24 . PREVAILING WAGE LAWS
All contractors and subcontrac tors performing work on a construction project funded through this
agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing
wages according to.
State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by
this agreement, including but not limited to the filing of the "Statement of Intent to Pay Prevailing
Wages· and "Affidavit of Wages Paid'' as required by RCW 39.12.040. The Subrecipient shall
maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for City's review upon request; or
The Davis Bacon Act, 40 U .S C . 276a-276a-5 and related federa l a cts provide that all laborers and
mechanics employed by contractors or subcontractors in the performance shall be paid wages at
Subrecipient Agreement for Federal Funds 8
GENERAL TERMS ANO CONDITIONS
rates not less than those prevailing on similar construction in the locality as determined by the
Secretary of Labor.
25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Subrecipient which is a local government or Indian Tribal government mus1 establish procurement
policies and procedures in accordance w ith 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 ircu la r A-110, Uniform Administrative Requirements for Grants and Agreements with
Nonprofit Agencies, for all purchases funded by this Agreement.
The Subrecipient s procurement sys tem 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 i n the awarding of con tracts using federal funds .
2 . Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition .
3. Minimum procedural requirements , as follows:
a . Follow a procedure lo assure the avoidance of purchasing unnecessary or duplicative
items.
b . Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c Positive efforts shall be made to use small and minority-owned businesses .
d . The type of procuring instrument (fixed price , cost reimbursement} shall be determined by
the Subrecipient. but must be appropriate for the particular procurement and for
promoting the best interest of the program involved.
e. Contracts shall be made only with reasonable subcontractors who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procureme nt.
f. Some form of price or cost analysis should be performed in connection with every
procurement action
g . Procu rement 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 admini stration to ensure Subrecipient conformance with terms,
conditions and specifications of this Agreement , and to ensure adequate and timely
follow-up of all purchases .
4 . Subrecipient and Subcontractor must receive prior approval from City for using funds from
this Agreement to enter into a sole source Agreement or an Agreement where only one bid or
proposal is received when value of this Agreement is expected to exceed $5,000 .
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non-competitive procurement, if applicable.
26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtain ing approva l of the applicatio n for such fund s or any other approval or
Subrecipient Agreement fo r Federal Funds 9
GENERAL TERMS AND CONDITIONS
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
27. PUBLICITY
The Subrecipient agrees not to publish or use any advertising or publicity materials in which the state
of Washington or City's name is mentioned , or language used from which the connection with the
state of Washington·s or City's name may reasonably be inferred or implied, without the prior written
consent of City.
28. RECAPTURE
In the event that the Subrecipient fa ils to perform this Agreement In accordance with state laws,
federal laws , and/or the provis ion s of this Agreement , City reserves the right to recapture funds in an
amount to compensate C ity for the noncompliance in addition to any other remedies available at law
or in equity.
29 . RECORDS MAINTENANCE
The Subrecipient shall maintain all books , records , documents, data and other eviden ce re lating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. Subrecipient shall retain suc h
records for a period of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period , the records
shall be retained until all litigation, claims, or audit findings involving the records have been fin a lly
resolved .
30 . REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, th e Subreciprent shall complete registration with the Wash ington State Department
of Revenue.
31. SAVINGS
In the event funding from state , federal , or other sources is withdrawn , reduced , or limited in any way
after the effective date of this Agreement and prior to normal completion, City may terminate the
Agreement under the "Termination f or Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Agreement may be amended to reflect the new funding
limitations and conditions
32. SEVERABILITY
If any provision of this Agreement or a ny provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given
effect without the invalid provisio n , if such remainder conforms to the requirements of law and the
fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared
to be severable .
33. SUBCONTRACTING
The Subrecipient may only subcontract work contemplated under this Contract if it obtains the prior
written approval of City.
If City approves subcontracting, the Subrecipient shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts . For cause,
City in writing may: (a) require the Subrecipient to amend its subcontracting procedures a s they relate
Subrec ipient Agree ment for Federa l Funds 10
GENERAL TERMS ANO CONDITIONS
to this Contract; (b} prohibit th e Subrecipient from subcontracting with a particular person or entity; or
(c) require the Subrecipient to rescind or amend a subcontract.
Every subcontract s h all b ind the Subcontractor to follow all appl icable terms of this Contract. The
Subrecipient is responsible to City if the Subcontractor fa ils to comply with any applicable term or
condition of this Contract . The Subrecipient shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no e vent shall the existence of a
subcontract operate to release or reduce the liability of the Subrecipient to City for any breach in the
performance of the Subrecipient's duties.
Every subcontract shall include a te rm that City and the State of Washington are not liable for claims
or damages arising from a Subcontractor's performance of the subcontract.
34 . SURVIVAL
The terms, conditions, a nd warranties conta ined in this Agreement that by their sense and context a re
intended lo survive the completion of the performance, cancellation or term ination of this Agreement
shall so survive.
35. TAXES
All payments accrued on account of payroll taxes, unemployment contributions , the Subrecipient's
income or gross receipts, any other taxes, insurance or expenses for the Subrecipienl or its staff shall
be the sole respons ibility of the Subrecipient.
36 . TERMINATION FOR CAUSE I SUSPENSION
In event City dete rm ines th at the Subrecipient failed to comply with any term or condition of this
Agreement, City may terminate the Agreement in whol e or in part upon written notice to th e
Subrecipient. Such te rminatio n shall be deemed "for cause ." Term ination shall take effect on the date
specified in the notice .
In the alternative, Cit y upon written notice m ay allow the Subrecipient a specific period of time in
which to correct the non-compliance. During the corrective-action lime 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 Subrecipie nl to take tim ely corrective action
shall allow City to terminate the Ag reement u pon 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 th e Agreement or when City determines the
failu re was not caused by the Subrecipient's actions or negligence
If the Agreement i s 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
re placement Agreement , as well as a ll costs associated with entering into the replacement
Agreement (i.e., competitive bidding, mailing, advertising, and staff time).
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, City may, by ten (10) busi ness days written notice ,
beginning on the second day after the mailing, term inate this Agreement , m whole or in part. If this
Agreement is so terminated, City shall be liable only for payment required under the terms of this
Agreement for services rendered or goods delivered prior l o the effective date of termination .
38 . TERMINATION PROCEDURES
After receipt of a notice of termination , except a s otherwise directed by City, the Subrecipient shall :
A. Stop work under th e Agreement on the date, and to the extent specified, in the notice ;
B. Place no further orders o r subcontracts for materials , services, or facilities related to the
Agreement ;
Sub recipient Agreement for Federal Funds 11
GENERAL TERMS AND CONDITIONS
C. Assign to City all of the rights, title, and interest of the Subrecipient under the orders and
subcontracts so terminated , in which case City has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and subcontracts . Any attempt by the
Subrecipient lo settle such claims must have the prior written approval of City, and
D. Preserve and transfer any materials, Agreement deliverables and/or City property in the
Subrecipient's possession as directed by City.
Upon termination of the Agreement, City shall pay the Subrecipient for any service provided by the
Subrecipient under the Agreement prior to the date of termination. City may withhold any amount due
as City reasonably determines is necessary to protect City against potential loss or liability resulting
from the termination. City shall pay any withheld amount to the Subrecipienl if City later determines
that loss or liability will not occur .
The rights and remed ies of City under th is section are in addition to any other rights and remedies
provided under this Agreement or otherwise provided under law.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless
stated to be such in writing and signed by Authorized Representative of City.
Subrecipient Agreement for Federal Funds 12
V FFATA (All)
V PROGRESS REPORTS (All)
EXHIBIT C
Reports and Forms
__ PROGRAM INCOME (Economic Development or Revolving Loan Funds)
V coNTRACTOR COMPLIANCE FORM (All)
__ CONTRACTOR/SUBCONTRACTOR ACTIVITY (Construc tion Only -Over $10,000)
__ LABOR COMPLIANCE REPORT (Construction Only -Over $2,000)
__ SECTION 3 PLAN (All -$100,000 and over in Awards and/or Contracts)
C-1
FFATA REPORTING CHECKLIST
•FOR PRIME CONTRACT/SUBCONTRACT $30,000 AND OVER
181FOR GRANT AWARD/SUBAWARD $25,000 AND OVER
To Be Filled Out By Subrecipient/Contractor
Contract Number C-20 18-2-5 (HUD ID 373)
Recipient/S ubrecipient/Contractor: YMCA of the Greater Tri-Cities
Address including Zip Code: 12 34 Columbia Park Trail
Ri chland, WA 993 -4760
Date:
21) I have been awarded a contract or agreement ~ G ME/NSP fuhd s of $25 ,000 and over, Yes No
22) I had a gross income, from all sources, over .$'300,000 in the previous tax year. 0 Yes O No
If yo u answered "NO" t o question I AND 2. STOP, you do not meet r e p o rting thres hold r e quire ments, return form to C ity.
If d 'YES" I COMPLETE THE FOLLOW I NG ND RET URN WITHIN -D YS vou answere ' t o ques tion A :, A ' Project Location
Address including Zip Code: 333 W Wehe Ave
Congressional district WA04 993015320
Amount of award/contract $2 1095
YMCA Martin Luther King Community Center Recreation Program
Award title descriptive of the funding action
*REQUIRED: DUNS number
**REQ U IRED (Contractors Only):
Central Contractors Registration (SAM)
number (SAM must be updated every year)
23) More than 80% o fmy annual gross revenues com e from the fed e ral governments, and U Yes O No
24 ) M y gross rev enues are greater than $25 million annually, and O Yes D No
25) Compen sation infonnation for top fi ve executives is n o t already available through repo rting to the SEC. 0 Yes O No
If you answered "NO" to question 3, 4 OR 5 , STOP. You do n o t meet the r e porting threshold, return form City.
If you answered "YES" to question 3, 4 AND 5, C OMPLETE THE FOLLOWING AND RET URN WITHIN 5 DAYS.
Total compensation and names of top five I.
executives.
(Complete if you answer yes to questions 3, 4
and 5 above)
2.
3.
4 .
5.
To Be Filled Out By City Staff
Program source (gJ C DBG Entitlement C DFA 14.2 18
O NSP Entitlement C DFA 14.228
OHOME Investme nt Partne r s hip Program CDFA 14 .239
Grant No. B-I 8-MC-53-0009
*How do you get a DUNS number?
The unique identifie r used in reporting to FF AT A is the entity's Dun & Bradstreet (D&B) Data Uni versal Numbering System (DUNS)
Numbe r. It is n ece ssary for registering in SAM. F or subaward e es, 0MB has issued interim final guidance requiring recipients to
obtain a valid DUNS numbe r.
D UNS number may be reques ted via the web for no c harge a t:
• http://fed gov.dnb.com/web form/i ndex.j sp
• or by calling l-866-705-571 1
**What is a SAM and how do you register?
SAM stands for System for Award Man agement, w hich is the primary r egistrant database for the U .S . Fed eral Government. SAM
coll ects, validates, s to res and disseminates data to s upport fede ral a c quis ition missions. A SAM number is necessary for reporting in
FFATA.
H e re are links to infonnation needed to regis ter and b ecome familiar with SAM
• SAM FAQS : https://www.sam .gov/portal/public/SAM/
CITY OF PASCO
FFATA POLICIES & PROCEDURES
Policy
The City of Pasco (City) will comply with FFAT A reporting requirements for all first-tier
subawards (subgrants and subcontracts) related to prime Federal awards.
All first-tier subawardees that are s ubject to FF AT A reporting must have a Dun and Bradstreet
Universal 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
1. The City has the overall responsibility to ensure compliance with FF AT A reporting
requirements on all first-tier s ubawards (subgrants and subcontracts) related to prime Federal
grants and contracts. City is responsible for submitting required information to the Federal
government through the FFATA Sub-award Reporting System (FSRS.gov), in accordance
with establis hed deadlines.
2. The City is responsible for:
a. Determining FF AT A reportability for any first tier sub-awards I 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 FFATA Data E lements 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 Checkli st will be required for any subaward
$25,000 or more. FIRST TIER SUBRECIPIENT AGREEMENTS -AND DIRECT
CONTRACTS $25,000 OR GREATER.
Q . Who is required to file a FFATA report in FSRS?
A. Toe FFATA Sub-award Reporting System (FSRS) will collect data from Federal
prime awardees on sub-awards they make: a prime grant awardee will be required to
r eport on its sub-grants and a prime contract awardee will be required to report on its
sub-contracts.
Q. What is a sub-award?
A. Toe 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.whitehouse.gov/omb/open. That guidance
defines a sub-award as generally referring to a monetary awa rd made as a result of a
Federal award to a grant recipient or contractor to a sub-recipient or sub-contractor
respectively.
GRANTS
In acco rdance with 2 CfR Chapter 1, Part 170 REPORTING SUB-AWARD AND
EXECUTNE COMPENSATION INFORMATION, Prime Awardees awarded a federa l
grant are required to file a FFATA sub-award report by the end of the month following
the month in which the prime awardee awards any sub-grant equal to or greater than
S25,000. The r eporting requirements are as follows:
• This requirement is for both mandatory and discretionary grants awarded on
o r after October 1, 2010.
• All sub-award 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-award and executive compensation
data is requ ired.
• If the initial award is below $25,000 but subsequent grant modi fications result
in a total award equal to or over ~25,000, the award will be subject to the
reporting requi rements, as of the date the award exceeds $25,000.
• If the initial award equa ls or exceeds S25,000 but funding is subsequently de-
obligated such that the total award amount falls below S25,000, the award
continues to be subject to the reporting requirements of the Transparency Act
and this Guidance.
CITY OF PASCO
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
QUARTERLY REPORT
HUD ID 373 Public service activities other than LMH
EXHIBITC
Report Date: 10/22/2018
Report Period:
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: YMCA of the Greater Tri~Cities
Project:
C~ 2018 ~ 2~5 YMCA Martin Luther King Community Center Recreation
Program
Person Completing Project:
ob Title:
Contact Telephone Number
New World Project ID GR4CDPS1873
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 26955 People Assisted)
Total Project Beneficiary count is by: LMA
•Individual •Family •Household or
0Area Benefit
Project Location (Site Address or Parcel Number): 333 W Wehe Ave
1. Describe Current Status of Project (for example: planning, procurement, pre~development,
permitting, construction, activity underway, service marketing, etc.) and Current Focus of
Activity:
2. Describe Significant Actions Taken During Report Period:
3. Describe and Provide Reasons for Changes in Original Project Goals/Milestones:
Exhibit C -Public Services
4. Number of beneficiaries served below, at or above area median income:
LMA2 ,Martin Luther King Center Neighborhood , Public facility and park service area is defined as
encompassing a one mile radius surrounding the park. There are many more activities geared toward
High School age students at this facility attacting residents from neighborhoods further west to 20th
Avenue. Service Area Boundary: I , 182/US , 395 to the north west and US , 12 to A Street/Columbia River
south east. CT201.2,3,4, CT202.l,3, CT203.l,3, CT204.l,6 (LMISD 8/4/2017 20275 LM /26955 LMU
75.22%)
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
I NOTE: Number of Persons by Race (total should equal total number of Persons served listed above)
5. Please fill in one ethnicity category for each person served:
ETHNICITY ______ Hispanic or Latino
Not 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,CDBG 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 Services
•YES ONO
$
$
$
Amount
$
Signature of Authorized Representative
Type Na me
Exhibit C -Public Services
$
$
$
Date
Contractor Compliance Form ATTACHMENT 7-G
CDBG HOME NSP Programs
THIS FORM MUST BE COMPLETED BY ALL GENERAL CONTRACTORS AND
SUBCONTRACTORS PROVIDING BIDS.
Development Address: 1333 W Wehe Ave
SECTION I. CONTRACTOR INFORMATION
Name !Y MCA of the Greater Tri-Cities
Address:
Type of Business:
WA License No:
EIN:
Women Business Enterprise (WBE)? lZJ No D Yes
Minority Business Enterprise (MBE)?
[2( No D Yes
if yes, enter racial/ethnic code from below:
Bidding as a: •General Contractor •Sub-Contractor, indicate General Contr actor name:
Current number of employees :
Current number of women employees :
Current number of minority employees:
If minority employees enter racial/ethnic code from below:
Code: 1 2 3 4 5 6
Number: ---
Total Dollar amount of Bid: $
If e xceeds $100,000, com lete Section II .
SECTION II. New Hires when Bid exceeds $100 000 {must comply with section 3 requirements)
Number of em lo ees to be hired for this contract
Number of Low-Income Project Area Residents (L.I.P.A.R.)
to be hired for this contract:
RACIAL/ETHNIC CODES
1. White
4. Asian
2. Black/African American
5 . Native Hawaiian/Pacific Islander
3. American Indian/Alaskan Native
6. Hispanic/Latino
I hereby c e rtify that it is the policy of the unders igned to comply with all exi sting laws prohibiting
discrimination in all aspects of employment due to race, color, creed, s ex, age, religion , national origin,
marital status, receipt of public assistance or disabi lity.
Th i s shall be accomplished s ubstantially by the fol lowing actions: Nondiscrimination in RECRUITING ,
HIRING TRAINING PROMOTING SUBCONTRACTING DEMOTION LAYOFF and/or TERMINATION .
Contractor/Subcontractor Si nature Date
Eq u al Opportunit y Hou sing a nd Equal Opportu nit y Em ploym ent
T he City of Pa sco does not discriminate on t he basis of r ace, color, creed, nat io na l origin, sex, religio n, age, disab ility,
marita l st atus, statu s w it h rega r d t o publ ic ass istance, sex ua l orientatio n o r f amilia l status, i n t he em pl oyme nt
a nd /or the provision of services .
Form #17 (12/20 1 5 )