HomeMy WebLinkAboutCommunity Action Council MC Contract#20-116
2020 CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT— CV1 GRANT
SUBRECIPIENT AGREEMENT
BETWEEN
MASON COUNTY
AND
COMMUNITY ACTION COUNCIL OF LEWIS, MASON AND THURSTON COUNTIES
This Agreement is made between Mason County (herein called the Local Government) and Community
Action Council of Lewis, Mason and Thurston Counties (herein called Subrecipient)for the 2020 CARES
Act Community Development Block Grant CV-1 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 Local Government has applied for and received a CDBG CV1 award, contract number 20-6221C-
118 (CFDA 14.228),to fund the Project with Federal Award Identification Number B-20-DW-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 SERVICES
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.
The Local Government is responsible for completing the following tasks to accomplish the
objectives of the Project:
Principal Tasks
• Execute contract with COMMERCE
• Execute sub-recipient AGREEMENT
• Establish administrative and other record keeping systems
• Process and submit payment requests and CDBG CV1 Beneficiary Reports
• Formulate and implement a sub-recipient monitoring plan and conduct on-site review
• Ensure grant activities are completed
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• Conduct a final public hearing
• Complete the grant close-out process with COMMERCE
B. Subrecipient Responsibilities
The Subrecipient will complete in a satisfactory and proper manner as determined by the Local
Government the following tasks and activities as detailed in "Exhibit A Scope-of-Work"to
accomplish the objectives of principally benefiting low- and moderate-income persons. The
Subrecipient will periodically meet with the Local Government to review the status of these tasks.
Principal Tasks
• Manage and allocate distribution of public services funds based on CDBG-CV1 funding
distribution list dated 6/22/2020 and prevent duplication of benefits.
• Provide COVID-19 Response assistance to approximately 342 households at an estimated
$1,000 average per household in Mason and Lewis Counties meeting HUD's 51% income
qualification by 1/30/2023.
• Complete the environmental review and prepare an environmental review report in
compliance with NEPA requirements for CDBG.
• Accomplish HUD'S outcome of increasing the availability and accessibility of services to
achieve HUD's objective of creating suitable living environments and to respond to COVID-
19 economic impacts.
• Formulate and submit required reports and payment request to LOCAL GOVERNMENT in
an accurate and timely manner.
2. TIME OF PERFORMANCE
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 CDBG assets.
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: Community Action Council of Lewis, Mason and Thurston Counties
Name of Representative: John Walsh, CEO
Mailing Address: 3020 Willamette Dr NE
City, State and Zip Code: Lacey, WA 98516
Telephone Number: 360-438-1100
Fax: 360-491-7729
E-mail Address: johnw@cacimt.org
UBI#: 600-503-120
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B. Local Government : Mason County, Washington
Name of Representative: Kelly Bergh
Title: Financial Analyst
Mailing Address: 411 N 5th Street
City, State and Zip Code: Shelton, WA 98584
Telephone Number: 360-427-9670 Ext 644
Fax Number: 360-427-8437
E-mail Address: kbergh@co.mason.wa.us
4. BUDGET
The Local Government will pass through to the Subrecipient no more than $584,114 in CDBG
funds for eligible incurred costs and expenses for the Project according to the following budget.
Project Budget Element Budgeted Amount
05Q Public Services—Subsistence Payments $584,114
21A County General Administration $ 13,500
Indirect Cost Rate: _% Federally Approved Indirect Rate, or 10% de
minimis rate, or fill out "N/A" declining to charge indirect
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.
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 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
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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 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
A. Withholding Payment:
In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT
within the times set forth in the AGREEMENT, the LOCAL GOVERNMENT may, upon written
notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without
penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under
this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages,
provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB-
RECIPIENT 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 Office set forth in a notice to the SUB-RECIPIENT of the action required and/or
the amount required to cure any alleged failure to perform shall be deemed 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 SUB-RECIPIENT, (3) to set off any
amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the
event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or
damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL
GOVERNMENT under this clause.
B. Labor Standards:
SUB-RECIPIENT 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 39.12.040,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
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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:
SUB-RECIPIENT 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 LOCAL GOVERNMENT, and SUB-RECIPIENT
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 LOCAL GOVERNMENT.
D. Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT
and/or its consultants or sub-contractors, in connection with performance of this
AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT.
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. SUB-
RECIPIENT represents and warrants that it will, for at least the duration of the 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 Program. SUB-RECIPIENT agrees to maintain records
of such compliance and, upon request of the LOCAL GOVERNMENT,to provide a copy of each
such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT 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. SUB-RECIPIENT
understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to
the following: (a)termination of the 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, SUB-RECIPIENT would also be liable for
any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss
of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through
this website: www.uscis.gov
F.Disputes:
Differences between SUB-RECIPIENT and LOCAL GOVERNMENT, arising under and by virtue of
the AGREEMENT Documents, shall be brought to the attention of LOCAL GOVERNMENT 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.
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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 LOCAL GOVERNMENT, or (2)the happening of any event or occurrence, unless
Subrecipient has given LOCAL GOVERNMENT 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 LOCAL GOVERNMENT. 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 LOCAL GOVERNMENT, Subrecipient has
given LOCAL GOVERNMENT 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 the arbitration provision), and consistent with the provisions
hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or
related to the AGREEMENT or otherwise, including issues of specific performance, shall be
determined by arbitration in Shelton, Washington, under the applicable American Arbitration
Association (AAA) rules in effect on the date hereof, as modified by the 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 the sole
and exclusive remedy between them regarding any dispute presented or pled before the
arbitrator. At the request of either party made no later than forty-five (45) days 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 process 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 the AGREEMENT,the venue of such action of litigation shall be in the
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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 LOCAL GOVERNMENT's prior approval.
8. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with:
• The requirements of Title 24 of the Code of Federal regulations, 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.
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 Local Government will be exempt
from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensatio.n Insurance, as the Subrecipient 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' 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
Local Government as detailed in "Exhibit B Insurance Requirements."
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The Subrecipient shall furnish the Local Government 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 Local Government.
G. Funding Source Recognition
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
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 Local Government or Subrecipient may amend this Agreement at anytime 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.
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 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
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.
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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;
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.
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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 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 anytime 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
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.
2. Periodic Reports
The Subrecipient, at such times and in such forms as the Local Government may require,
will furnish the Local Government 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:
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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 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, colorcreed, 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.)
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)
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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 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.
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C. Conduct
1. Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without the
prior written consent of the 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. 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,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.
D. 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.
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E. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.2000),such as worship, religious
instruction., or prose lytization..
11. SEVERA61LITY
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 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.
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
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 are identified as follows:
Exhibit A Scope-of-Work and Budget/Community Development Block Grant Coronavlrus(CDBG-
CV1)thru CARES Act Funding Distribution,(6/22/2020) for Washington State CDBG
Nonentitlement Jurisdictions
Exhibit B Insurance Requirements
Exhibit C Certificate of Insurance
Exhibit D Sample forms and Instructions
IN WITNESS WHEREOF,the Local Government and the Subredpient have executed this Agreement as
of the date and year last written below.
MASON COUNTY,WASHINGTON COMMUNITY ACTIO OUNCILOF LEW MASON
&THURSTON COU 1 S
By:
Sharon Trask, Chair John alsh,CEO
Title: )nA\1( Title: C IZ!�
Date: l-5 MUD Date: rya Ole)
Approved As To Form:
Tim.Whitehead, Chief DP
Page 14 of 21
EXHIBIT A
SCOPE-OF -WORK
The Community Action Council of Lewis, Mason and Thurston Counties (CAC) 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 (LOCAL GOVERNMENT) policies and
procedures. It is the CAC's responsibility to review, understand, implement and adhere to all
requirements as this Scope-of-Work is a summary, not an exhaustive list.
SUB-RECIPIENT will:
1. Conduct participant eligibility screening for Lewis and Mason County Consortium residents to
determine program eligibility in compliance with CDBG requirements and prevent duplication of
benefits.
2. Manage and allocate distribution of public services funds based on CDBG-VC1 Funding Distribution
list dated 6122/2020. If the actual need in jurisdictions is less than indicated on the distribution list, a
reallocation of the distribution can be made through a contract budget amendment.
3. Provide Urgent Need COVID-19 Response rent/utility assistance to approximately 342 households
at approximately $1,000 per household meeting current HUD's low-middle income qualifications by
1/30/2023 using the following allocation:
Households served:
Lewis County—95 Mason County- 76
Centralia—69 Shelton -45
Chehalis—29
Morton —5
Mossyrock—3
Napavine - 7
Pe Ell —3
Toledo—2
Vader—3
Winlock—5
4. 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. SUB-
RECIPIENT 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.
5. Voucher Requests and Reports:
A. Formulate and submit a Washington State Voucher Distribution request (form A19) to LOCAL
GOVERNMENT. 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. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. LOCAL
GOVERNMENT will be responsible for submitting completed requests to COMMERCE. See "Exhibit E
Sample Forms and Instructions."
B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status
Report to LOCAL GOVERNMENT on a quarterly basis due January 31, April 30, July 30 and Oct 31. A
digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. LOCAL GOVERNMENT will be
Page 15 of 21
responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms
and Instructions
Kelly Bergh
Mason County
411 N. 5th Street
Shelton, WA 98584
kbergh(d-)co.mason.wa.us
6. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by LOCAL
GOVERNMENT.
7. Participate and support on-site compliance reviews conducted by LOCAL GOVERNMENT per CDBG
requirements.
8. Assist LOCAL GOVERNMENT with all aspects of program administration and requirements including
grant close-out process and final public hearing to review project performance as requested.
9. Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve
HUD's objective of creating suitable living environments and to respond to COVID-19 economic
impacts.
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EXHIBIT B
Budget
1. The approved project budget for the SUB-RECIPIENT of$584,114 allows for reimbursement request
for staff salaries and benefits including administration and accounting pooled costs. The SUB-
RECIPIENT cannot use Community Development Block Grant (CDBG) funds from this AGREEMENT
for travel, equipment, contracted services, materials/supplies and/or other indirect expenses.
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. Signed and certified timesheets must be maintained by the SUB-RECIPIENT.
4. Financial policies, practices and processes must adhere to the requirements detailed in this
AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as well as applicable
Mason County's (LOCAL GOVERNMENT) policies and procedures.
5. SUB-RECIPIENT will provide LOCAL GOVERNMENT with a copy of the annual A-133 compliant
audit within nine months of the end of CAC's fiscal year.
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EXHIBIT C
INSURANCE REQUIREMENTS
1. 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 SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or
SUB-RECIPIENT's employees will use personal autos in any way on this project, SUB-RECIPIENT
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 LOCAL GOVERNMENT for injury to employees of SUB-RECIPIENT,
subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of
LOCAL GOVERNMENT 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. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as
additional insureds LOCAL GOVERNMENT, 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.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s,
subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT
(hereinafter"indemnifying PARTIES") to comply with these provisions.
B. SUB-RECIPIENT agrees to waive rights of recovery against LOCAL GOVERNMENT 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 SUB-RECIPIENT or required of others by SUB-
RECIPIENT pursuant to this Contract shall be endorsed to delete the subrogation condition as to
LOCAL GOVERNMENT, 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 LOCAL GOVERNMENT. SUB-RECIPIENT shall not make any reductions in scope or
limits of coverage that may affect LOCAL GOVERNMENT's protection without LOCAL
GOVERNMENT'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 LOCAL GOVERNMENT prior to the execution of this Contract. 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, LOCAL GOVERNMENT has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests. Any premium so paid by LOCAL GOVERNMENT
shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB-
RECIPIENT.
F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be
provided by SUB-RECIPIENT 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 LOCAL
GOVERNMENT.
G. SUB-RECIPIENT 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 LOCAL GOVERNMENT. If SUB-RECIPIENT's existing coverage includes a self-
insured retention, the self-insured retention must be declared to the LOCAL GOVERNMENT. The
LOCAL GOVERNMENT may review options with SUB-RECIPIENT, which may include reduction or
elimination of the self-insured retention, substitution of other coverage, or other solutions.
H. SUB-RECIPIENT will renew the required coverage annually as long as LOCAL GOVERNMENT, or
its employees or agents face an exposure from operations of any type pursuant to this Contract. This
obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of
this obligation is not effective until LOCAL GOVERNMENT executes a written statement to that effect.
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EXHIBIT D
CERTIFICATE OF INSURANCE
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EXHIBIT E
SAMPLE FORMS AND INSTRUCTIONS
Page 21 of 21