Loading...
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 C-20 I 8-2-5 YM CA M LK Recreati on Progra ms P ag e 11 of27 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 ; C-20 18-2-5 YMCA MLK Recreation Programs Page 12 of27 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 C -20 18 -2-5 YM CA MLK Recreat ion Programs Page 13 o f 27 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 C-2018-2-5 YMCA M LK Recreatio n Programs Page 14 of27 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 C-20 18-2-5 YMCA MLK Recreation Programs Page 15 of27 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 ) C-20 18-2 -5 YM CA MLK Recreati on Programs Page 16 of27 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. C -201 8-2-5 YM CA MLK Rec rea ti on Pro gra ms Page 17 of 27 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. C-20 18-2-5 YMCA MLK Recreation P rograms Page 18 o f 27 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. C-20 18-2-5 YMCA MLK Recreatio n Programs Page 19 of27 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). C-20 18-2-5 YMCA MLK Recreati on Programs Page 20 of27 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. C-2018-2 -5 YMCA MLK Recreation Pro grams Page 21 of27 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 C-20 18-2-5 YMCA MLK Recreati on Programs Page 22 of27 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 ' .. 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 )