HomeMy WebLinkAboutEnterprise for Equity MC Contract#20-037 3 i
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECiPIENT AGREEMENT
BETWEEN
MASON COUNTY and ENTERPRISE FOR EQUITY
This Agreement is made between Mason County, Washington (herein called the County) and
Enterprise for Equity (herein called Subrecipient)for the Building Connections—Strengthening
Businesses in Mason County Project(herein called the Project).
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 projects under the Washington State
Community Development Block Grant (CDBG) Program in compliance with all applicable local,
state, and federal laws, regulations and policies; and
As the County. has applied for and received a CDBG award, contract number 18-62210-039
(CFDA 14.228), to fund the Project with Federal Award Identification Number B-18-DC-53-
0001; and
As it benefits the County to engage the Subrecipient to accomplish the Scope.of Work and the
objectives of the local CDBG project;
Theparties agree that:
1. SCOPE OF SERVICES
A. County Responsibilities .
The County 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 County will provide such
assistance and guidance to the Subrecipient as may be required to accomplish the
objectives and conditions set forth in this Agreement. g.
Principal Tasks
O Execute grant contract with Commerce.
o Verify the subrecipient does not have an active exclusion record in the federal
;award system (SAM.gov), include documentation in the CDBG file, and submit a
copy to Commerce.
• Establish subrecipient agreements with WSU and Enterprise for Equity, that
includes the annual beneficiary reporting requirement and submit signed copies to
Commerce.
o Establish administrative;financial, reporting, and record keeping systems.
• Review subrecipient and contractor reimbursement requests for project costs and
invoices against project budget and contract start date.
o Once costs are approved, prepare and submit payment request and progress
status report to Commerce.
O Document receipt of grant funds and reimbursement of eligible costs.
O Submit CDBG Beneficiary Report within 30 days of end of each calendar year.
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o Complete applicable civil rights requirements.
O Conduct anon-site monitoring of the subrecipients to verify the grant is used
according to CDBG requirements and all costs reimbursed are allowable.
• Resolve all monitoring issues with CDBG.
• Grant activities are accomplished.
o Complete evaluation and conduct a final public hearing to review project
performance.
• Submit a CDBG Contract Closeout Report.
O List CDBG expenditures in your annual Schedule of Expenditures of Federal
Awards and arrange an audit with the State Auditor's Office to meet the Uniform
Guidance (2 CFR Part 200).
o Advertise for professional.services; outreach to MWBE and encourage Section 3
local businesses.
O Select and verify contractors do not have an,active exclusion record in the federal
award system (SAM.gov), include documentation in the CDBG file, and submit
copies to Commerce.
• Contract for services. Include required federal provisions.
O Complete the environmental review and prepare environmental review record in
compliance with National Historic Preservation Act(NEPA) requirements for
CDBG.
B. Subrecipient Responsibilities
The Subrecipient will complete in a satisfactory and proper manner as determined by the
County the following"Exhibit A Scope-of-Work"tasks to accomplish the objectives of
principally benefiting low-and moderate-income persons.The Subrecipient will
periodically meet with the County to review the status of these tasks.
Principal Tasks
• Receive CDBG release of funds.
• Develop and establish CDBG microenterprise assistance program's policies and
procedures incorporating CDBG income qualification and beneficiary reporting
requirements.
O Conduct outreach and market the microenterprise assistance programs.
• Develop and establish financial management systems for tracking microenterprise
assistance, training, grant receipts, and repayments for microenterprise
assistance.
O Provide microenterprise training and technical assistance.
O Monitor program progress, contractor performance, and compliance with
applicable federal and state regulations.
O Meet the CDBG national objective of principally benefiting low-and moderate-
income persons.
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Accomplish HUD's outcome of increasing the availability/accessibility of
microerlterprise technical and financial assistance to create economic is
opportunities.
2. TIME OF PERFORMANCE r:
The effective date of this Agreement will be the date the parties sign and complete
execution of this agreement and will be in effect for the time period during which the
Subrecipient remains in control of CDBG funds or other CIJBG assets. Contract end date
is.March 31, 2022.
3. 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: Enterprise for.Equity
Name of Representative: Lisa Smith, Executive Director
Mailing Address: PO Box 1291
City, State and.Zip Code: Olympia,WA. 98507
Telephone Number: 360-704-3375
Fax: N/A
E-mail.Address: lisa@enterpriseforequity.org
UBi#: 602009575
B. County : Mason County
Name of Representative: Kelly Bergh, Financial Analyst
Mailing Address: 411 N 5th.Street
City, State and Zip Code: Shelton, WA :98584
Telephone Number: 360-427-9670x644
Fax Number: 360-427-8437
E-mail.Address: kbergh@co.mason.wa.us
4. BUDGET
The County will pass through to the Subrecipient no more than $75,000 in.CDBG funds
for eligible incurred costs and expenses for the Project according to the following budget.
Project Budget Element Budgeted Amount
Administer Program/Deliver Training $75,000
Indirect Cost Rate: % Federally Approved Indirect Rate, or 10% 10% de minimis
de minimis rate, or fill out"N/A" declining to charge indirect rate
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.
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"Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable
fringe benefits, materials and supplies, services,travel, and up to the first$25,000 of
each subaward (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.
5.. PAYMENT
The Local Government shall 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 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 County 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 County 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 County, contract suspension or
termination procedures will be initiated.
7. SPECIAL CONDITIONS
A.Withholding Payment:
In the event the SUBRECIPIENT has failed to perform any obligation under this
AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may,
upon written notice, withhold from amounts otherwise due and payable to
SUBRECIPIENT, without penalty, until such failure to perform is cured or otherwise
adjudicated. Withholding under this clause shall not be deemed a breach entitling
SUBRECIPIENT to termination or damages, provided that the COUNTY promptly gives
notice in writing to the SUBRECIPIENT of the nature of the default or failure to perform,
and in no case more than 10 days after it determines to withhold amounts otherwise due.
A determination of the Administrative Officer set forth in a notice to the SUBRECIPIENT of
the action required and/or the amount required to cure any alleged failure to perform shall
be deemed conclusive, except to the extent that the SUBRECIPIENT acts within the
times and in strict accord with the provisions of the Disputes clause of this AGREEMENT.
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The COUNTY may act in accordance with any determination of the Administrative Officer
which has become conclusive under this clause, without prejudice to any other remedy
under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or
default, (2)to pay any amount so required to be paid and to charge the same to the
account of the SUBRECIPIENT, (3) to set off any amount so paid orincurred from
amounts due or to become due the SUBRECIPIENT. In the event the SUBRECIPIENT
obtains relief upon a claim under the Disputes clause, no penalty or damages shall
accrue to SUBRECIPIENT by reason of good faith withholding by the COUNTY under this
clause.
B. Labor Standards:
SUBRECIPIENT agrees to comply with all applicable state and federal requirements,
including but not limited to those pertaining to payment of wages and working conditions,
in accordance with.RCW 39.1.2.040, the Prevailing Wage Act; the Americans with
Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety
Standards Act providing for weekly payment of prevailing wages, minimum overtime pay,
and providing that no laborer or mechanic shall be required to work in surroundings or
under conditions which are unsanitary, hazardous, or dangerous to health and safety as
determined by regulations promulgated by the Federal Secretary of Labor and/or the
State of Washington.
C.Waiver of Noncompetition:.
SUBRECIPIENT irrevocably waives any existing rights which it may have, by contract or
otherwise,to require another person or corporation to refrain from submitting a proposal
to or performing work or providing supplies to the COUNTY, and SUBRECIPIENT further
promises that it will not in the future,directly or indirectly, induce or solicit any person or
corporation to refrain from submitting a bid or proposal to or from performing work or
providing supplies to the COUNTY.
D. Ownership.of Items Produced:
All writings, programs, data, public records or other materials prepared by
SUBRECIPIENT and/or its consultants or sub-contractors, in connection with
performance of this AGREEMENT, shall be the sole and absolute property of COUNTY.
Work Product-SUBRECIPIENT will provide COUNTY with all work product including;
plans, data, maps, as-builds, and reports prior to the release of the final payment for
services.
E. E-Verify:
The E-Verify contractor program for Mason County applies to contracts of$100,000 or
more and subcontracts for$25,000 or more if the primary contract is for$100,000 or
more. SUBRECIPIENT represents and warrants that it will, for at least the duration of this
AGREEMENT, register and participate in the status verification system for all newly hired
employees. The term "employee" as-used herein means any person that is hired to
perform work for Mason County. As used herein, "status verification system" means the
Illegal immigration Reform and Immigration Responsibility Act of 1996 that is operated by
the United States Department of Homeland Security, also known as the E-Verify
Program, or any other successor electronic verification system replacing the E-Verify
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Program. SUBRECIPIENT agrees to maintain records of such compliance and, upon
request of the COUNTY, to provide a copy of each such verification to the COUNTY.
SUBRECIPIENT further represents and warrants that any person assigned to perform
services hereunder meets the employment eligibility requirements of all immigration laws
of the State of Washington. SUBRECIPIENT understands and agrees that any breach of
these warranties may subject SUBRECIPIENT to the following: (a) termination of this
AGREEMENT and ineligibility for any Mason County contract for up to three (3) years,
with notice of such cancellation/termination being made public. In the event of such
termination/cancellation, SUBRECIPIENT would also be liable for any additional costs
incurred by the COUNTY due to contract cancellation or loss of license or permit."
SUBRECIPIENT will review and enroll in the E-Verify program through this website:
www.uscis.gov
F. Disputes:
Differences between SUBRECIPIENT and COUNTY, arising under and by virtue of the
AGREEMENT Documents, shall be brought to the attention.of COUNTY at the earliest
possible time in order that such matters may be settled or other appropriate action
promptly taken. Except for such objections as are made of record in the manner
hereinafter specified and within the time limits stated, the records, orders, rulings,
instructions, and decisions of the Administrative Officer shall be final and conclusive.
G. Notice of Potential Claims:
SUBRECIPIENT shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for(1) any act or failure to act by the Administrative
Officer.or COUNTY, or (2) the happening of any event or occurrence, unless
SUBRECIPIENT has given COUNTY a written Notice of Potential Claim within ten (10)
days of the commencement of the act, failure, or event giving rise to the claim, and before
final payment by COUNTY. The written Notice of Potential Claim shall set forth the
reasons for which SUBRECIPIENT believes additional compensation or extension of time
is due, the nature of the cost involved, and insofar as possible, the amount of the potential
claim. SUBRECIPIENT shall keep full and complete daily records of the work performed,
labor and material used, and all costs and additional time claimed to be additional.
H. Detailed Claim:
SUBRECIPIENT shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of
the work from which the claim arose, and before final payment by COUNTY,
SUBRECIPIENT has given COUNTY a detailed written statement of each element of cost
or other compensation requested and of all elements of additional time required, and
copies of any supporting documents evidencing the amount or the extension of time
claimed to be due.
I. Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought
either in court or pursuant to this arbitration provision), and consistent with the provisions
hereinabove, any claim,dispute or controversy between the parties under, arising out of,
or related to this AGREEMENT or otherwise, including issues of specific performance,
shall be determined by arbitration in Shelton, Washington, under the applicable American
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Arbitration Association (AAA) rules in effect on the date hereof, as modified by this
AGREEMENT. There shall be one arbitrator selected by the parties within ten (10)days
of the arbitration demand, or if not, by the AAA or any other group having similar
credentials. Any issue about whether a claim is covered by this AGREEMENT shall be
determined by the arbitrator. The arbitrator shall apply substantive law and may award
injunctive relief, equitable relief(including specific performance), or any other remedy
available from a judge, including expenses, costs and attorney fees to the prevailing party
and pre-award interest,but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties
agree that the decision of the arbitrator shall be the sole and exclusive remedy between
them regarding any dispute presented or pled before the arbitrator. At the request of
either party made not later than forty-five(45) clays after the arbitration demand, the
parties agree to submit the dispute to nonbinding mediation, which shall not delay the
arbitration hearing date; provided, that either party may decline to mediate and proceed
With arbitration.
J. Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the
courts of the State of Washington in and for the County of Mason. Unless otherwise
specified herein,this AGREEMENT shall be governed by the laws of Mason.County and
the State of Washington.
K. Communication:
SUBRECIPIENT will not communicate directly with COMMERCE concerning this
PROJECT without COUNTY'S prior approval.
8. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with:
o The requirements of Title 24 of the Code of Federal regulations, 570 (HUD
regulations concerning CDBG); and
o All other applicable Federal, State and Local laws, regulations, and policies,
gavern.ing 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.
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 County will
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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 will hold harmless, defend and indemnify the County 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 will provide Workers' Compensation insurance Coverage for all of
its employees involved in the performance of this Agreement.
F. Insurance and Bonding
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 County as detailed in "Exhibit C Insurance Requirements."
The Subrecipient shall furnish the County with properly 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, 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 County.
G. Funding Source Recognition
The Subrecipient will insure recognition of the roles of Commerce, the WA State
CDBG program, and the County in providing services through this Agreement.All
activities, facilities and items utilized pursuant to this Agreement will 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 County 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 County's governing body. Such amendments will not invalidate this
Agreement, nor relieve or release the County or Subrecipient from its obligations
under this Agreement.
Suspension or Termination
In accordance with 2 CFR 200.338-9, the County 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:
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I. 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 County of reports that are incorrect or
incomplete in any material respect.
In accordance with 2 CFR 200.339, this Agreement may also be terminated by either
the County 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 County
determines that the remaining portion of the award will not accomplish the purpose
for which the award was made, the County may terminate the award in its entirety.
9. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
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 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;
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;
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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 570.
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 years after final audit of the County's CDBG project, unless a longer period
is required to resolve audit findings or litigation. In such cases, the County 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 County, 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 County policy concerning Subrecipient audits and 2 CRF
200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228.
C. Reporting
1. Program Income
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.
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2. Periodic Reports
The.Subrecipient, at such times and in such forms as the County may require,
will furnish the County 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.
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 County 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 County 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 County 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 County.
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 County for CDBG-eligible activities as approved by the CDBG program or(b)
retained after compensating the County.
10. PERSONNEL AND 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 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.
Section 109 of the Housing and Community Development Act of 1974:
No person in the United States will on the grounds of race, color, creed, religion, sex
or national origin be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with funds made available under this title.
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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.)
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)
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.
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 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 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
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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 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 assistance, its successors, and assigns. Failure to fulfill these
requirements will 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 135.
C. Conduct
1. Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without
the prior written consent of the County thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the County 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 County and Commerce.
2. Conflict of Interest
No member of the County'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 standard code 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 performance
of services hereunder. The Subrecipient further covenants that in the
performance of this Agreement, no person having_such interest will be employed.
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 will attach an explanation to this contract.
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D. Copyright
If this Agreement results in any copyrightable material or inventions, the County
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. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as
worship, religious instruction, or proselytization.
11. 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.
12. PERFORMANCE WAIVER
The.County'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 County to
exercise or enforce any right or provision will not constitute a waiver of such right or
provision.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the County 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
County and the Subrecipient with respect to this Agreement.
The attachments to this Agreement are identified as follows:
Exhibit A Scope-of-Work
Exhibit B Budget
Exhibit C Insurance Requirements
Exhibit D Certificate of Insurance
Exhibit E Sample Forms and Instructions
IN WITNESS WHEREOF, the County and the Subrecipient have executed this Agreement as
of the date and year last written below.
MASON COUNTY, WASHINGTON ENTERPRISE FOR f1ITY
By:
Sharon Trask, Chair Lisa Smith, cutive irector
Date: ,p ( .2 i/ O2O Date:
Approved As To.-Fortn.:
Tim Whitehead, Chie DPA
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l.
EXHIBIT A
SCOPE-OF-WORK
Enterprise for Equity (SUBRECIPIENT)will be responsible for completing the tasks and activities below
as well as others as detailed throughout this AGREEMENT, Washington.Department of Commerce's
(COMMERCE) Community Development Block Grant(CDBG) Management Handbook and other
guides as required to provide referral and direct services in compliance with the CDBG program and
Mason County's (COUNTY) policies and procedures. It is SUBRECIPIENT's responsibility to review,
understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an
exhaustive list.
SUBRECIPIENT will:
1. Conduct outreach, public Information Sessions and screening/enrolling participants per CDBG
eligibility requirements,SUBRECIPIENT must ensure effective outreach and recruitment for
participants who are or will be minority and/or women owned microenterprises.
2. Coordinate efforts with PROJECTs contracted outreach and technical assistance provider(s).
Provide direction, refer one-on-one consultation support service for participants, coordinate provision of
technical assistance and other efforts as requested by COUNTY.
3. Provide COUNTY with the most recently submitted IRS form 990 within 30 days of the start of this
AGREEMENT.
4. Develop and implement procurement policies and procedures that are compliant with 2 CFR Part.
200 sections 317-326 prior to May 1, 2020. SUBRECIPIENT must provide a copy to COUNTY.
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5. Develop a tool to track PROJECT data for reporting and program development purposes.
6. Collect,track and report PROJECT data in a manner consistent with the requirements detailed in this
AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable.
SUBRECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are
not reported to any other funding entities for the purpose of meeting.contractual obligations.
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7. Expense Detail, Voucher Requests and Reports:
A. Provide a detailed list of expenses being billed by budget expense category with expense category
sub-totals as well as an invoice total. Signed and certified timesheets must be provided for all staff
hours billed to the grant.Back-up documentation must be provided for all expenses in the form of
copies of receipts, mileage logs, contracted service provider invoices or other as appropriate.
B. Formulate and submit a Washington State Voucher Distribution request(form A19)to COUNTY on a ( _
quarterly basis due.September 15, January 15,April 15th and July 15. Monthly requests will be allowed
and will be due no later than the 15th of the following month. Submission to include one digital copy in
WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e-
mailed or sent by U. S. mail or hand delivery. COUNTY will be responsible for submitting completed
requests to COMMERCE. See"Exhibit E Sample Forms and Instructions."
C. Report program income as required by COUNTY's Program Income Re-use Plan and CDBG
requirements including the completion and submission of the CDBG Program Income Form. See
Exhibit E Sample Forms and Instructions.
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D. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status
Report to COUNTY on a quarterly basis dye September 15, January 15, April 15th and July 15.A
digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. COUNTY will be responsible for
submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and
Instructions.
Submit to:
Kelly Bergh
Mason County
411 N. 5th Street
Shelton,WA 98584
Kbergh@co.mason.wa.us
8. Ensure that all outreach, education, training curricula and other documents and/or media includes
the required CDBG civil rights language.
9. Provide copies of all outreach, education,training curricula and participant sign-in sheets to
COUNTY.
10. Ensure that PROGRAM performance measures are met including providing 100 individuals with
microenterprise services,with at least 51% at low-and moderate-incomes (LMI). These services
include: In-depth Information Sessions where business strategies and resources are discussed,
Business Readiness Workshops and Business Planning Programs. Targeted Technical Assistance for
up to 20 potential or existing businesses primarily owned by LMI persons.
11. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY.
12. Participate and support on-site compliance reviews conducted by COUNTY per CDBG
requirements.
13. Assist COUNTY with all aspects of program_administration and requirements including grant close-
out process as requested.
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EXHIBIT ;-
Budget
1. The approved project budget for-SUBRECIPIENT of$75,000 allows for reimbursement requests for
staff salaries and benefits, supplies, contracted trainers, local mileage, printing,facility rental and a 10%
de minimum indirect cost rate.SUBRECIPIENT cannot use Community Development Block.Grant
(CDBG)funds from this AGREEMENT for any expenses not detailed on the budget without prior
approval.
2.Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets
are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related
services.
3. Copies of signed timesheets must be submitted with each Washington State Voucher Distribution
Request.
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4. Mileage will be reimbursed at the current Washington State rate.
5. Financial policies, practices and processes must adhere to the requirements detailed in this
AGREEMENT,Washington Department of Commerce's CDBG Management Handbook and other
guides as well as applicable Mason County's policies and procedures.
{
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Enterprise for Equity Program Budget-24
months.
Expense Categories Computation Total
Personnel $29,296
Executive Director 10 hrs/month@$35/hr $8,400
Training Director 10 hrs/month@$30/hr $7,200
Admin 12 hrs/month@$17/hr $4,896
Outreach/training Specialist 20 hrs/month @$20/hr $8,800
Total*10.8%+
Fringe $.0.1588/hr
Executive Director $907+$38. $945
Training Director $777+$114 $891
Admin $529+$46 $575
Outreach/training Specialist $950+$70 $1,020
Supplies/Materials $1,900
CoreFour,handout packets,flipcharts,markers,
etc
Contractual $23,920
2 BPPs _ $13,000
9 BRWs $6,480
•
2 Money 101s $1,440
2 Dep Strengths $3,000
Mileage 2100 miles@.58/mile $1,218
Training Facility Rental $7,860
2 BPPs$2400
14,2-day workshops
$5,460
Total Direct $67,625.00
indirect 10%de minimum $6,762.50
TOTAL $74,387.50
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EXHIBIT C
INSURANCE REQUIREMENTS
I.MINIMUM Insurance Requirements:
A. Commercial General Liability Insurance using Insurance Services Office"Commercial General
Liability" policy form CG.00.01,with an edition date prior to 2004,or the exact equivalent. Coverage for
an additional insured shall not be limited to its vicarious liability.Defense costs must be paid in addition
to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
B.Workers'Compensation on a state-approved policy form providing statutory benefits as required by
law with employer's liability limits no less than$1,000,000 per accident for all covered losses.
C. Business Auto Coverage on ISO Business Auto Coverage form.CA 00 01 including owned, non-
owned and hired autos, or the exact equivalent. Limits shall be no less than$1,000,000 per accident,
combined single limit. If SUBRECIPIENT owns no vehicles,this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If SUBRECIPIENT or
SUBRECIPIENT's employees will use personal autos in any way on this PROJECT, SUBRECIPIENT
shall obtain evidence of personal auto liability coverage for each such person.
D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Such policy or policies
shall include as insureds those covered by the underlying policies, including additional insureds.
Coverage shall be"pay on behalf', with defense costs payable in addition to policy limits. There shall be
no cross liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to COUNTY for injury to employees of SUBRECIPIENT, subcontractors
or others involved in the Work.The scope of coverage provided is subject to approval of COUNTY
following receipt of proof of insurance as required herein.
2..Certificate of Insurance:
A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance."
3. Basic Stipulations:
A. SUBRECIPIENT agrees to endorse third party liability coverage required herein to include as
additional.insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10
with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is
required.]SUBRECIPIENT also agrees to require all SUBRECIPIENTs, subcontractors; and anyone
else involved in this AGREEMENT on behalf of the SUBRECIPIENT (hereinafter"indemnifying
PARTIES")to comply with these provisions.
B. SUBRECIPIENT agrees to waive rights of recovery against COUNTY regardless of the applicability
of any insurance proceeds, and to require all indemnifying PARTIES to do likewise.
C. All insurance coverage maintained or procured by SUBRECIPIENT or required of others by SUB-
RECIPIENT pursuant to this AGREEMENT shall be endorsed to delete the subrogation condition as to
COUNTY,or must specifically allow the named insured to waive subrogation prior to a loss.
D.All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY. SUBRECIPIENT shall not make any reductions in scope or limits of
coverage that may affect COUNTY's protection without COUNTY's prior written consent.
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E.Proof of compliance with these insurance requirements, consisting of endorsements and certificates
of insurance shall be delivered to COUNTY prior to the execution of this.AGREEMENT. If such proof of
insurance is not delivered as required, or if such insurance is canceled at any time and no replacement
coverage is provided, COUNTY has the right, but not the duty,to obtain any insurance it deems
necessary to protect its interests.Any premium so paid by COUNTY shall be charged to and promptly
paid by SUBRECIPIENT or deducted from sums due SUBRECIPIENT.
F. It is acknowledged by the PARTIES of this AGREEMENT that all insurance coverage required to be
provided by SUBRECIPIENT or indemnifying party, is intended to apply first and on a primary non-
contributing basis in relation to any other insurance or self-insurance available to COUNTY.
G. SUBRECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the
insurance required herein and further agrees that it will not allow any indemnifying party to self-insure
its obligations to COUNTY. if SUBRECIPIENT's existing coverage includes a self-insured retention, the
self-insured retention must be declared to the COUNTY.The COUNTY may review options with
SUBRECIPIENT, which may include reduction or elimination of the self-insured retention, substitution
of other coverage, or other solutions.
H. SUBRECIPIENT will renew the required coverage annually as long as COUNTY, or its employees or
agents face an exposure from operations of any type pursuant to this AGREEMENT.This obligation
applies whether or not the AGREEMENT is canceled or terminated for any reason.Termination of this
obligation is not effective until COUNTY executes a written statement to that effect.
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EXHIBIT 0
CERTIFICATE OF INSURANCE .
E'
Certificate Placeh®Ider
r.
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EXHIBIT E
SAMPLE FORMS AND INSTRUCTIONS
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