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HomeMy WebLinkAboutGrant Related - BOCC (003)�c( K19-091 SUBRECIPIENT AGREEMENT FOR CDBG PUBLIC SERVICES BETWEEN GRANT COUNTY AND THE OIC OF WASHINGTON THIS AGREEMENT is between Grant County (herein called the Local Government) and the OIC (Opportunities Industrialization Center) of Washington (herein called the Subrecipient) for public services funded by the state Community Development Block Grant (CDBG) Program. As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out certain activities and projects under the Washington State CDBG Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 19- 62210-005 (CFDA 14.228), to fund the Project with Federal Award Identification Number B -18 - DC -53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF WORK A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. B. Subrecipient Responsibilities The Subrecipient shall complete in a satisfactory and proper manner as determined by the Local Government the tasks described in the Scope of Work and Budget (contained within Attachment #1 to this Agreement) to accomplish the objectives of the CDBG program. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement for funding available, to wit, the effective date established by Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 1 the Local Government's CDBG contract, and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Name of Representative: Steven Mitchell Title: Chief Operations Officer Mailing Address: OIC of Washington, 815 Fruitvale Blvd. City, State and Zip Code: Yakima, WA 98902 Telephone Number: (509)-248-6751 Fax: (509) 575-0482 E-mail Address: s.m a,yvoic.org B. Local Government: Name of Representative: Jill Hammond Title: Administrative Services Coordinator Mailing Address: Grant County, PO Box 37 City, State and Zip Code: Ephrata, WA 98823 Telephone Number: (509) 754-2011 ext. 2937 Fax Number: (509) 754-6098 E-mail Address: jhammond c.,grantcountywa.gov 4. BUDGET The Local Government will pass through to the Subrecipient no more than One Hundred Twenty-one Thousand Fifty-eight Dollars ($121,058) in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget UNLESS the budget is increased through unanticipated, additional funding is received from the Department of Commerce in the form of contract amendment(s): Project Budget Element Budgeted Amount Activity 7412-05 Public Services (staffing, which includes salary & $121,058.00 benefits to be documented by payroll records) and Indirect Costs (tied to a CDBG public service through the agency's approved cost allocation plan). Indirect Cost Rate: 20.00% Federally Approved Indirect Rate, or $24,212.00 10% de Minimis rate, or fill out "N/A" declining to charge indirect Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 2 Grant County may require a more detailed budget breakdown, and the Subrecipient will provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Unless notified otherwise, the OIC of Washington will reflect expenses in the following service -named categories, pursuant to previous contracts: 1. Energy Assistance Assessment & Intakes; 2. Asset Development; and 3. Energy Assist & Asset Development — Admin Costs A. Budget and Method of Compensation As the subrecipient, OIC of Washington will invoice the County on a monthly basis for all CDBG eligible activities through the utilization of an A-19 voucher form and its supporting documentation. As the local government recipient of CDBG funds, the County will subsequently review and, if appropriate, approve and submit the appropriate documentation to the State for reimbursement. Immediately upon County approval, a voucher request will be processed for payment to the subrecipient of the approved funds. The County will in turn be reimbursed by the State upon its approval of the request for reimbursement by the County. B. Periodic Reports 1. Quarterly Beneficiary Reporting Forms with data on the use of CDBG funds, including the number of: • Persons served; • Low and moderate -income persons served; • Persons with new or continuing access to a service; • Persons with improved access to a service; • Persons receiving a service that is no longer substandard; • Persons served by race/ethnicity; and • Persons served by income levels 2. No more than monthly and no less than quarterly, A-19 Invoice Vouchers with a written narrative report on the services and expenditures funded by CDBG as back- up documentation of the CDBG reimbursement payment request. C. Local Government Oversight Plan 1. Review and approval authority for any payment request for CDBG reimbursement. 2. Annual on-site and/or desk monitoring. 3. Receipt and review of community action agency's annual audit report, Management Letter (if received), and any documentation of any CDBG-related findings. 4. Annual public hearing to receive input on program performance. Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 3 D. Budget Amendments Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the public services payment procedures provided by the CDBG Program for all allowable expenses agreed upon by the parties to complete the Scope of Work. 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 Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally -funded programs and any other requirements that the state may prescribe. 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient as outlined in the Scope of Work (contained within Attachment #1 to this Agreement) by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass- through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS There are no special conditions to this Agreement. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 4 1) The requirements of Title 24 of the Code of Federal regulations, Part 570 (HUD regulations concerning CDBG); and 2) 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 will meet a CDBG Program National Objective as defined in 24 CFR 570.208. C. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner as, creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance & Bonding 1) The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government; and 2) The Subrecipient shall name Grant County and its employees and officers as additionally insured on the above coverage; and 3) The Subrecipient shall furnish Grant County with properly executed certificate(s) 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, list limits of liability and coverage. The certificate Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 5 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 Local Government. G. Funding Source Recognition The Subrecipient shall insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3) Ineffective of improper use of funds provided under this Agreement; or 4) Submission by the Subrecipient to the Local Government reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 6 accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Mana eg ment 1) Accounting Standards. The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2) Cost Principles. The Subrecipient will administer its program in conformance with 2 CFR 200. 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 performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1) Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 7 2) Access to Records and Retention The grantee, the Washington State Department of Commerce, 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 pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six (6) years after final audit of the Local Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. 3) Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, 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. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting and Payment Procedures 1) Program Income. The Subrecipient shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. 2) Quarterly Beneficiary Reports. The Subrecipient shall report quarterly the number of beneficiaries as categorically requested (detailed in Section 4, BUDGET, paragraph B). 3) Periodic Reports. The Subrecipient, at such times and in such forms as the Local Government may require, shall furnish the Local Government any other periodic reports as it may request pertaining to the work or services undertaken pursuant to Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 8 this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 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 transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2) Real property under the Subrecipient'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 ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10 -year period of time, the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the Local Government. 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 activities under this Agreement will be (a) transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government 10. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person shall, 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. Section 109 of the Housing and Community Development Act of 1974: No person in the United States shall 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. Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 9 Age Discrimination Act of 1975, as Amended: No person shall 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.) Section 504 of the Rehabilitation Act of 1973 as Amended: No otherwise qualified individual shall, 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) Public Law 101-336, Americans with Disabilities Act of 1990: Subject to the provisions of this title, no qualified individual with a disability shall, 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. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1) The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. 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 Commerce 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 his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 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 Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 10 issued by the Secretary of HUD, 24 CFR Part 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 Part 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 Part 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. D. Conduct 1) Assignability. The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Government and Commerce. 2) Conflict of Interest. No member of the Local Government'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, shall have any personal financial interest, direct or indirect, in this agreement; and the Subrecipient shall take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 24 CFR 200.318 and 570.611, which includes maintaining a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest shall be employed. Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 11 3) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall 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. E. Copyright If this Agreement results in any copyrightable material or inventions, the Local Government and/or Commerce 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. F. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. 11. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 12 between the Local Government and the Subrecipient with respect to this Agreement. The attachment to this Agreement is identified as follows: Attachment #1, CDBG contract between Commerce and Grant County, Contract No. 19- 62210-005, consisting of twenty-nine (29) pages. IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this agreement as of the date and year last written below. GRANT COUNTY By: Tom nTaylor+- Title: Chair, Board of County Commissioners Date: (o/L41 11 Approved As To Legal Form: 1 Kevin M Crac Deputy Prosecuting Attorney Subrecipient Agreement For CDBG Public Services (2019-2020) — Page 13 OIC OF WASHINGTON By: j /&. . . A; A Z /Y Steve Mitchell Title: Chief Executive Officer Date: ("i0/11