HomeMy WebLinkAboutHopesource AgreementSUBRECIPIENT AGREEMENT
Between
Kittitas County and HopeSource
This Agreement is made between Kittitas County (herein called the Local Government) and
HopeSource (herein called Subrecipient) for the Public Services to low-and moderate-income persons
in Kittitas County project (herein called the Project).
L.ocaJ Goverrunent R epresentative Subreci pient R epresentative
Judy Pless, Budget and Finance Manager Susan Grindle, Chief Ex ecutive Officer
Phone 509-962-7502 Hope Source
Fax 509-962-7687 Phone 509-925-1448
Email judy.pless@co.kittitas.wa.us Fax 509-925-1204
Email s.kgrind le@hopesource.us
Start Date End Date Federal Funds Amount $80,497
July 1, 2018 June 30, 2019 CFDA # 14.228
US Department of Housing & Urban Development
Passed through Kittitas County
As the Washington State Department of Commerce (COMMERCE) is authorized by the federal
D p ar b'.;ne nt of Ho u in g a.ad Urban D evel opment (HUD) to provi4e funds to unit of local go . emment
s · l cted to undeit ake a nd cai:ry o ut p roject un der the Washingtb.n Stat Community Development
Block ran t (O DBG) Pro gram in co mpliance wi th a ll app l ica ble local, tate and fecleraJ laws
r egulatio11 s and p oliciec ; a nd
As the Local Government has applied for and received a CDBG award, contract number 18-62210-008,
to fund the Project; and
As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Service and
the objectives of the local CDBG project;
The parties agree that:
1.
A. Local Government Responsibilities
The Local Government is responsible for administration of the CDBG contract, and ensuring
DB fun ds are use d in ace rdance w i th all p rogram re quir m e nts [(24 CFR 570.50l(b)] and its
DBG contract w ith O '1MERCE referenced above. The Local Governmen t will provide such
a ssi tanc a nd g uid ance t the Sub.recipient as may be required to accomplish the objectives and
conditions set forth in this Agreement.
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B. Subrecipient Responsibilities
The Subrecipient will complete in a satisfactory and proper manner as determined by the Local
Government the attached tasks (Attachment A) to accomplish the objectives of the Project. The
Subrecipient will periodically meet with the Local Government to review the status of these tasks.
2. TIME OF PERF ORMAN E
The effective date of this Agreement will be July 1, 2018 and complete execution of this
agreement will be June 30, 2019.
3. BUDGET
The Local Government will pass through to the Subrecipient no more than $81,003 in CDBG
funds for eligible incurred costs and expenses for the Project according to the following budget.
CDBG Budget Project Activities Budget
Code Amount •Must complete each bulleted project activity to meet the corresponding milestone.
05 Public $80,497 • Deliver the direct services identified in the CDBG application through the local community action
Services program. . Allocate and manage public services funds as established in the approved subrecipient agreement
and budget .. Meet the CDBG natlonal obJeclive of prfncf pally benefiting low-and moderale--i noorne persons . . Accompllst:i liUD's ou tcome of increasln9 Ih a availability and accessibility of services to acflieve
I-IUO 's obJectl va of craatin~ suitabl e living environ ments.
The Indirect Cost Rate used, is an allocation system not to exceed 10%.
The Local Government 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 Local Government. 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.
Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient
shall provide their indirect cost rate that has been negotiated between their entity and the Federal
Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct
costs (MTDC) will be used.
"Modified Total Direct Costs (MTDC)" shall mean all d irect salaries and wages, appli cabl e fringe
benefits, materials and supplies, services, travel, and up to the firs t $2 5 000 of a ch sub awar d
(regardless of the period of performance of the subawards under the award). MTDC excludes
equipment, capital expenditures, and rental costs.
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.
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4. PAYMENT
The Local Government will reimburse the Subrecipient in accordance with the payment
procedures outlined in the CDBG Management Handbook, Financial Management Section 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 detail invoices and
other appropriate detailed 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.
5. PERFORMANCE MONITORING
6.
The Local Government will monitor the performance 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 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.
SPECIAL ONDITIO
There are no Special Conditions
7. GENERAL CONDITION
A. General Compliance
The Subrecipient agrees to comply with:
• The requirements of Title 24 of the Code of Federal regulations, Part 570 (HUD
regulations concerning 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 24 CFR 570.208.
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C. Ind ep endent ontractor
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 und r t hi Agreement. The Local Government will b exe mpt f rom payment
of aJ I Ut1emp loy m nt omp en satio n, FI CA retirement, life and /or medical in sur an ce and
Workers ompensatio n Insura nce, as t he ubrecipient is an independent contractor.
D. Hold Harmless
The Subrecipient will 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' C om pensation
The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its
employees involved in the performance of this Agreement.
F. Insurance a0d Bon di n g
The Subrecipient will carry 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 cash advances from the Local
Government. A copy of the certificate of insurance will be provided to the Local
Government.
The Subrecipient shall furnish the Local Government with properly executed certificate of
insurance or a s i gned p • Ii y endorsemen t which shall clearl y evid ence all insurance reqt1ired
in t hi ection p ri or to commencement of serv ices. The e1tifi cat es will, at a mi nimm11, list
limi t f li a bili ty and coverag . Toe 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 Local Government.
G. Fund in g Source Recogni tion
The Subrecipient will insure recognition of the roles of COMMERCE, the WA State CDBG
program, and the Local Government in providing services through this Agreement. All
ac tivities, fac ili :ti e and it m s -uti l ize d p tu·s ua nt to this Agr eem e nt will be prom inently l ab eled
as to f'tmdin g s ource. In add it.io n, the ubrecip ient will i n lude a refer enc to the s up p or t
prov ided herein in aU ptJ bli cations mad p ssi bl e w ith fu nd s m a de avai la bl e un d r thi s
A g re m ent.
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 will not invalidate this Agreement, nor
relieve or release the Local Government or Subrecipient from its obligations under this
Agreement.
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I. Suspension or Te rm h 1at io 11
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 of 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 accomplish the
purpose for which the award was made, the Local Government may terminate the award in
its entirety.
A. Financia l Management
1. Acco un tin g Stand ard s
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. o t 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. Dupli cation 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. Docmnent atio n an d R ecord Keeping
1. Records to Be Ma intained
The Subrecipient will 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 and
those records described in the CDBG Management Handbook. Such records will include
but not be limited to:
a. Records providing a full description of each activity undertaken;
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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. Labor standards records required to document compliance with the Davis Bacon
Act, the provisions of the Contract Work Hours and Safety Standards Act, and all
other applicable Federal, state and local laws and regulations applicable to
CDBG-funded construction projects; and
h. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
2 . Acces to R ecords an d R t ~tion
Local Government, the Washington State Department of Commerce, and other
authorized representatives of the s tate and federaJ governments shall hav e a cces to any
bo oks, dqcuments pap r and .rec or ds of the S ubrecipient th at are directly per Linen t to
this Agr ee m ent for the p urp oses of m aking 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 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. Audi ts an d I ns pe ctions
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.
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C. Reporting
I. Program ln'come
The Subrecipient will 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 will comply with the
requirements set forth at 24 CFR 570.504.
2. Periodic Reports
The ubrecipient, at su b time and in such form a the Local Gov'.ernment may require,
will furnish the L caJ Oovemment sucl1 p riodic reports as i.t ma request pertaining to
the work or ervices undertaken pui·suant to this agreem.ent, the co ts and obligations
incurred or to be incun d in conneGtion therewith, and any other matters covered by this
agreement.
D. Use and R version of Ass ts
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:
I. 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 CD BG-assisted real property in a manner that meets a CDBG
National Objective for this IO-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-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 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 CD BG-eligible activities as approved by the CDBG program or (b)
retained after compensating the Local Government.
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9. PERSONNEL AND P ARTJ
A. ivillligbts
Title VI of the Civil Rights Act of 1964:
Under Title V1 of the ivil Rights Act of 1964, no p rson wiU, on the grounds f race, color,
creed religio~ sex or national origin, be excluded fr0m patticipation in, be d!!nied the
benefits of or be subjected to discrimination under any program or activity receiving federal
financial assistance.
ection 109 of the H u ing and omniunitv 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.
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.)
S ction 504 of the R ehabilitation 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)
Public Law l0J-336. Americans withDi abiliLies 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.
B. Section 3 of the Housing and Comnrnni v Development Act of 1968
Compliance in the Provision of Training, Employment, and Business Opportunities:
1. The work to be performed under this agre ment i on a project assj ted under a program
providi1Jg direct federal financial assistance :from HUD and is subject to the requirements
of ection 3 of the Housing and Urban Development Act o 1968 , as amended 12' .S.C.
1701 u. e tion '"' reqtcires that to th great st extent feasible opportunitie for training
and employment be gi en lower-income J; idents of the project ar a; 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
Agreement 2018-2019 CDBG-SR
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this contract certify and agree that they are under no c ontractual or other disability that
would prevent them from complying with the e provision s.
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 will 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
fed eral .financial assis tance, take ·ap p ropria te acti0 n pursuant to the s ub contrnct upo n a
fi nding t hat the u bront.ractor i in v io lation of regul ations issued b y t he ecretary of
HUD 24 CFR P art 13 5. The ubrecip ie11t 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, will be a condition of the federal financial
assistance provided to the project, binding upon the applicant or recipient for such
assi stan ce its success.ors, and assign •. Fail ure to fulfi Jl the-se r qu ir rn ent will subj ect
th appl icant or reci pient, it consultant and sub contrac tors, its suceessots and as si gned
to th o .e sancti oi;:i,s specifi ed by the grant or loan agreement or contract through which
federal assistance is provided, and to such sanctions as are specified by 24 CFR Paii 135.
C. Conduct
1. AssiguabHity
The Subrecipient will 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 will be furnished promptly to
the Local Government and COMMERCE.
2 . Con flict 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, 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 of2 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.
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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 performance of services
hereunder. The Subrecipient further covenants that in the performance of this
Agreement, no person having such interest will be employed.
3. Certificati on R egardin g Deb arment, 1.1S pens ion . lneli gihi Jity an d Vo l untruy Exclu sion -
Lower Tier overed 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. C o py1:i ght
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.
E. Reli gious A ctivities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.200G), such as wo rship, religious
instruction, or proselytization.
10. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement will not be
affected thereby and all other parts of this Agreement will nevertheless be in full force and effect.
11. 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 will not constitute a waiver of such right or provision.
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12. ENTIREAGREEMENT
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
communications and proposals, whether electronic, oral , or written between the Local Government
and the Subrecipient with respect to this Agreement.
The attachments to this Agreement is Attachment A the Scope of Work and Budget
IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this agreement as
of the date and year last written below.
::T~
Title: hau:mru1, Board of Co Commissioners _
--~ H~= ------By~
Title: -,;;-V
Date: 08-07-2018 -----------Date: gjrojr;r
Approved As To Legal Form:
Attorney
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CDBG Budget Budget Amount Code
05 Public $80,497 .
Services . . .
TOTAL: $83,997
ATTACHMENT A-SCOPE OF WORK AND BUDGET
Grantee: Kittitas County
Contract No. 18-62210-008
Section B: Project Activities, Milestones and Budget (continued)
Project Activities
*Must complete each bulleted project activity to meet the corresponding milestone.
Deliver the direct services identified i n the COBG application through the local community action
program.
Allocate and manage public services fu'nds as established i n the approved subrecipient agreement
and budget.
M~et lhe CO BG naUonal 'ob)ecliw -of principally benefiting low-and moderate -Income pe rrons.
Acc;:o mpllsh HUD's 011tcome of increasi ng the availability and accessibility of sorvices to achieve
HUD'& obJa cU\l e of cre.itlng -llu llable livi ng envlmnments.
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Performance
Milestones
Approximately
2,500 LM I persons
receive direct
services by
6/30/2019