22-183.00 Spokane County CDBG: Park Sidewalks Broadway to Cataldo This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330. 2'(b
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
AGREEMENT BETWEEN
SPOKANE COUNTY AND IN CONJUNCTION WITH GRANT
I.Subrecipient 2.Contrnct Amount 3.Tax JD# REDACTED
City of Spokane Valley $358,076.00
10210 E.Sprague 4.UEI#
Spokane Valley,WA 99206
NS113DBM 47JN9
6.Spokane County's Representative
5.Subrecipient Representative
Spokane County Community Services,Housing,and Community
City of Spokane Valley Develo ment
on
John Hohman Commaichard Community
Development
10210 E.Sprague I 1 6 W.B adway Avenue
Spokane3
Spokane Valley,WA 99206 Spokane,WA 99260
Phone Number:(509)720-5333
7.Sub recipient ID#CDBG 22-25144 8.Original Grant ID# 9.Start Date 1D.End Date
B 2 2 U C 5 3 0004 07/01/2022 06/30/2023
11.Funding Source:
®Federal❑State❑Local
12.Federal Funds(as applicable) CFDA# Federal Agency:
$358,076.00 14.218 HUD
14.Contractor Type:(check all that
13.Contractor Selection Process:(check all that apply or qualify) apply)
®Sole Source
❑Private Organization/Individual
EAJE Services
❑Public Organization/Jurisdiction
['Competitive Bidding ❑VENDOR
❑Pre-approved by Funder ®Municipality/local government
❑SUBRECIPIENT
❑Non-Profit
15.Grant Purpose:Park Road Sidewalk Improvements
16. COUNTY and the Subrecipient,as identified above,acknowledge and accept the terms of this Agreement and
attachments and have executed this Agreement the date below to start as of the date and year referenced above.The rights
and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated
by reference:(1)Exhibit"A"-Scope of Work,(2)Exhibit"B"-Assurances,(3)Exhibit"C"-Certifications,(4)Exhibit"D"-
FFATA,and(5)Exhibit E-CFR Form.
FOR THE SUUBREECIPII±.NT: FOR SPOKANE COUNTY: his
Si ere Date Sigjnaatttat Date
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Name wa Name /'
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Title Title
CDBG 22-25144 Infrastructure Subrecipient Agreement
Page 1 of 25
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
(Government Entity)
Project Number CDBG 22-25144
This Subrecipient agreement, hereinafter referred to as the "Agreement", is executed by
SPOKANE COUNTY, a political subdivision of the State of Washington,through its COMMUNITY
SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DEPARTMENT (CSHCD),
hereinafter referred to as the County and City of Spokane Valley, a political subdivision of the
State of Washington, whose address is 10210 E. Sprague, Spokane Valley, WA 99206,
hereinafter referred to as the "Subrecipient", and together referred to as the "Parties".
IN CONSIDERATION OF PROMISES MADE HEREIN AND THE MUTUAL BENEFIT DERIVED
THEREFROM BY THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. PURPOSE
1.1. The purpose of this Agreement is the funding and completion of the project(s)
identified as Park Road Sidewalk Improvements, hereinafter referred to as the
"Project", which is a federally funded project through the Community Development
Block Grant (CDBG) program, hereinafter referred to as "CDBG", from the United
States Department of Housing and Urban Development(HUD), hereinafter referred
to as "HUD", (Catalog of Federal Domestic Assistance (CFDA)# 14.218).
1.2. Acceptance of the Spokane County 2020-2024 Housing and Community
Development Consolidated Plan and 2022 Annual Action Plan by HUD and a
contract between HUD and the County authorizing the County's Community
Development Block Grant Program (hereinafter the "HUD Contract") is a
condition precedent to the County's performance under this Agreement.
1.3. CDBG funds will provide for approximately Ninety Percent(90%) of the Engineering
costs not to exceed Thirty-Five Thousand, Seven Hundred Ninety-One Dollars
($35,791.00) and Ninety percent (90%) of the Construction costs, not to exceed
Three Hundred Twenty-Two Thousand, Two Hundred Eighty Five Dollars
($322,285.00), as identified in the budget pursuant to the terms of this Agreement.
Only funds for the reimbursement of actual allowable costs will be disbursed to the
Subrecipient. Any funds allocated for the Project remaining after reimbursement to
Subrecipient of all actual allowable costs pursuant to this Agreement shall be
retained by the County.
1.3.1 Engineering costs include construction management and may not exceed
fifteen percent (15%) of the total construction costs.
2. AGREEMENT AND EXHIBITS
2.1. This Agreement shall consist of this Subrecipient Agreement and all exhibits
(Exhibits A - E) that are referred to herein. Any exhibits, attachments or addenda
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referred to herein and/or attached to this Agreement and any Amendments hereto,
are incorporated herein as if set forth in full.
3. PERIOD OF PERFORMANCE
3.1. Contingent on the receipt of a notice to proceed from the County, this Agreement
shall be effective July 1, 2022 and shall be completed no later than June 30, 2023,
hereinafter referred to as the "Project Period."
3.2. If the HUD Contract is not executed prior to July 1, 2022, or if for any other reason
the effective beginning date of this Agreement is delayed, funding of this
Agreement shall be delayed until a notice to proceed from the County is received
by the Subrecipient. The Subrecipient may not rely upon the County for payment
of nor shall the County be obligated to reimburse the Subrecipient as a result of
such delay in the availability of funds, for any costs incurred or written or oral
commitments made by the Subrecipient prior to receipt of the notice to proceed
from the County.
3.3. Except as stated herein, the Project Period may be changed only by amendment
to this Agreement executed no less than forty-five (45) days in advance of the
expiration date of this Agreement, acceptance of which amendment shall be within
the sole discretion of the County.
4. SCOPE OF SERVICES
4.1. The Subrecipient will plan, administer and implement the Project as described in
the Scope of Work, (Exhibit A), as amended, with supplemental forms, which are
incorporated herein by reference as though fully set forth. The Subrecipient shall
adhere to agreed-upon budgets, schedules, and commitments.
5. FUNDING
5.1. Funding Sources: Funding sources under this Agreement are as follows:
Community Development Block Grant Funds: $358,076.00
5.1.1. CFDA# 14.218—Community Development Block Grants/Entitlement
5.2. Maximum Funding: Total maximum funding under this Agreement is Three
Hundred Fifty-Eight Thousand, Seventy-Six Dollars and No Cents ($358,076.00).
6. REIMBURSEMENT AND REPORTS
6.1. Requests for Reimbursement:
6.1.1. The Subrecipient shall submit requests for reimbursement of actual
allowable costs incurred by the Subrecipient in performance of this
Agreement and in accordance with the Scope of Work, (Exhibit A).
Requests for reimbursement must be accompanied by documentation
containing General Ledger detail supporting the total amount requested for
reimbursement. Documentation must be uploaded into Neighborly
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Software to substantiate eligibility of costs for which reimbursement is
requested. Request shall be made through the Neighborly Software Draw
Request Portal. The Subrecipient shall submit the final requests for
reimbursement not later than thirty (30) days after the close of the project
period. The final request for reimbursement shall provide a reconciliation
of actual revenue and expenses for the entire period of this Agreement.
6.1.2. Costs incurred prior to the effective date of or after the expiration date of
this Agreement, ineligible costs, or unallowable costs, will not be
reimbursed by the County, unless previously approved by the County and
subject to this Agreement being signed by all parties.
6.1.3. Only those budget line items that appear in the Scope of Work, (Exhibit A),
will be considered for reimbursement, and only in those percentages
outlined in Section 1.
6.1.4. The County does not except retainage bonds. The Subrecipient may
except a retainage bond, however, five percent (5%) retainage must be
withheld from each draw request. Retainage is paid at the successful
closeout with all required documentation, reviewed and approved by the
County.
6.1.5. For all construction projects, the use of any CDBG funds designated as
"contingency funds" in the Scope of Work, (Exhibit A), must be reviewed
and approved by the County.
6.1.6. Reimbursement for project costs incurred will be contingent upon the
submission of required reports and timely weekly certified payrolls from the
prime contractor. Failure to notify a Subrecipient of the lateness of required
reports and payrolls does not release the Subrecipient from the
responsibility for their timely submittal.
6.1.7. Payment by the Subrecipient to the prime contractor, does not obligate the
County to reimburse. Reimbursements on construction cost are tied to
certified payrolls, contractor and subcontractor agreements and other
required Davis-Bacon and related acts documentation.
6.1.8. All funds obligated or committed by the Subrecipient to contractors,
suppliers, etc. during the Project Period must be expended on or before
June 30, 2023. CDBG funds, which are not expended by June 30, 2023,
shall be retained to the County.
6.2. Personnel Costs:
6.2.1. Personnel costs for the performance of the Agreement shall not exceed the
amount identified in the Scope of Work, (Exhibit A). As used in this
Agreement, personnel costs shall be defined as: Costs for general
operation of direct services in support of the Project and include salaries,
benefits, and taxes. Activities performed for Project management
purposes, accounting, record keeping, general clerical support, similar
costs.
6.3. Recovery of Overpayment to Contractor: The Subrecipient shall not be reimbursed
more than the amount of the allowable costs of performance of this Agreement.
When the Subrecipient, the County, or any other state or federal agency
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determines that the Subrecipient has received payments under this Agreement in
excess of reimbursement described in the reimbursement subsection of this
Agreement, or otherwise not in conformity with the Agreement, the County shall
recoup those payments, together with interest, as provided at 2 CFR Part 200,
from what would otherwise be the County's liability under this Agreement. If the
Subrecipient receives a notice of overpayment, which the County shall be required
to timely provide, the Subrecipient may protest the overpayment determination
pursuant to the Dispute Resolution Section of this Agreement. Failure to invoke
said section within fifteen (15) days of receipt of a notice of overpayment will result
in an overpayment debt against the Subrecipient.
6.4. Payment Obligation:
6.4.1. Payment made under this Agreement is intended by both Subrecipient and
the County to be inclusive of all services provided under this Agreement
and constitutes the County's only financial obligation under the Agreement
irrespective of whether the cost to the Subrecipient of providing services
exceeds that obligation.
6.5. Reports:
6.5.1. Subrecipient will submit, with the first draw request, signature authorization
and backup documentation containing General Ledger detail supporting
the total amount requested for reimbursement. Subrecipient shall also
provide additional information as required by the County.
6.5.2. The Subrecipient shall:
6.5.2.1. Report to the County and obtain approval of the procurement
process employed by Subrecipient prior to awarding a contract
for professional or construction services or purchase of
materials;
6.5.2.2. Prepare and submit to the County,when applicable, construction
specifications, project plans, bid packets and other
documentation prior to the execution of that project component.
Prior to solicitation of any bids the Subrecipient will obtain from
the County approval of the bid specifications, to insure they
include the appropriate federal wage rates and labor standards
documentation for any projects covered under the Davis-Bacon
Act;
6.5.2.3. Upon bid opening and contractor selection, the Subrecipient
shall provide the County with the name and DUNS number of the
chosen prime contractor, proof of registration in SAM, and
demonstrating they are not debarred from federal projects.
6.5.2.4. Obtain and submit records acquired from construction
contractors and subcontractors, that document compliance with
the Davis-Bacon Act, as amended, the Copeland Act, the
Contract Work Hours and Safety Standards Act and Prevailing
Wages, RCW 39.12;
6.5.2.5. At the earliest date during and/or after completion of the project,
submit to the County an audit report of the project, for the project
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period if applicable (Refer to Section 7.8, for instructions
regarding audit requirements).
6.5.3. Reports will be submitted through the Neighborly Software Reporting
Module for the following:
6.5.3.1. Quarterly Progress Reports due by the 15th of the following
month; and
6.5.3.2. End of Project Year Report no later than July 5, 2023.
6.5.4. Failure to prepare and submit required reports and documents will
constitute a breach of the performance of this Agreement and lead to
suspension and/or termination of the Agreement pursuant to the terms of
this Agreement.
6.5.5. Any reports provided by the Subrecipient may be forwarded to the Board
of Spokane County Commissioners, HUD, and the Housing and
Community Development Advisory Committee to document performance.
6.5.6. Additional reports may be requested from the Subrecipient, if necessary to
comply with federal requirements.
7. SPECIAL GRANT CONDITIONS
7.1. Financial Management:
7.1.1. All financial transactions involving CDBG funds are subject to the
regulations, policies, guidelines and requirements contained in the Uniform
Administrative Requirements, Cost Principles and Audit Requirements at 2
CFR Part 200 which describe eligible costs and financial management
system requirements as they relate to acceptance and use of federal funds,
24 CFR 570 or other superseding document. Interest or other income
earned on CDBG advances must be repaid to HUD via the County.
7.1.2. Subrecipient shall expend and account for the Federal award in
accordance with state and federal laws. In addition, the Subrecipients
financial management systems, including records documenting
compliance with Federal statutes, regulations, and the terms and
conditions of the Federal award, must be sufficient to permit the preparation
of reports required by general and program-specific terms and conditions;
and the tracing of funds to a level of expenditures adequate to establish
that such funds have been used according to the Federal statutes,
regulations, and the terms and conditions of the Federal award.
7.1.3. Subrecipient shall have a financial management system that must provide
for the following:
7.1.3.1. Identification, in its accounts, of all Federal awards received and
expended and the Federal programs under which they were
received;
7.1.3.2. Accurate, current, and complete disclosure of the financial
results of each Federal award or program in accordance with the
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reporting requirements set forth in § 200.327 Financial reporting
and § 200.328 Monitoring and reporting program performance;
7.1.3.3. Records that identify adequately the source and application of
funds for federally-funded activities. These records must contain
information pertaining to Federal awards, authorizations,
obligations, unobligated balances, assets, expenditures, income
and interest and be supported by source documentation;
7.1.3.4. Effective control over, and accountability for, all funds, property,
and other assets. The Subrecipient must adequately safeguard
all assets and assure that they are used solely for authorized
purposes;
7.1.3.5. Comparison of expenditures with budget amounts for each
Federal award;
7.1.3.6. Written procedures to implement the requirements of§ 200.305
Payment;
7.1.3.7. Written procedures for determining the allowability of costs in
accordance with 2 CFR 200 Subpart E—Cost Principles of this
part and the terms and conditions of the Federal award;
7.1.3.8. Written Accounting and Internal Control Policies and
Procedures, including cost allocation plan and supporting
documentation used to arrive at rate/costs if applicable; and
7.1.3.9. Subrecipient shall also follow 2 CFR § 200.333 Retention
requirements for records; § 200.334 Requests for transfer of
records; § 200.335 Methods for collection, transmission and
storage of information; § 200.336 Access to records;
and § 200.337 Restrictions on public access to records.
7.2. The Subrecipient shall establish and maintain a system of accounting and internal
controls that comply with generally accepted accounting principles and all federal,
state, and local accounting principles and governmental accounting and financial
reporting standards that are applicable to federal, state and/or local grants,
awards, and/or contracts.
7.3. The Subrecipient shall ensure that management of the Project is done in the most
cost effective and efficient manner possible.
7.4. Uniform Administrative Requirements, Cost Principles and Audit Requirements:
7.4.1. Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards(located at 2 CFR Part 200) and Revised
Code of Washington (RCW) 43.09.200 shall apply to the Agreement and
to all funds disbursed hereunder. Except as noted in the Agreement, costs
are reimbursable under Washington State Budgeting Accounting Reporting
System (BARS), including all supplements and revisions thereto,
prescribed by the Washington State Auditor's Office.
7.4.2. Cost Principles: Payments to the Subrecipient are governed by the Federal
grants management rules for cost allowability found at 2 CFR 200 Subpart
E-Cost Principles. Accordingly, payments will be made on a cost
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reimbursement basis. Each request for reimbursement shall identify the
associated project and approved project task(s) listed under the Scope of
Work(Exhibit A). The Subrecipient may only incur direct costs that may be
attributed specifically to the projects referenced above as defined in 2 CFR
200.413. The Subrecipient must provide adequate documentation for
validating costs incurred. Payments to Subrecipient's contractors and
vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs
incurred by the Subrecipients and any Contractors shall be in compliance
with 2 CFR Subpart E-Cost Principles.
7.4.3. Audit: If Subrecipient expends a total, from all income sources, of Seven
Hundred Fifty Thousand Dollars($750,000.00) or more of federal funds per
fiscal year, the Subrecipient shall have a single or program-specific audit
conducted of its financial statement and condition, regarding the
performance of this Agreement, readily delineating CDBG funds received
from the County. The audit shall comply with the regulations at 2 CFR Part
200.
7.4.3.1. If Subrecipient is exempt from 2 CFR Part 200 audit
requirements but receives more than One Hundred Thousand
Dollars($100,000),from CSHCD, the Subrecipient shall have an
annual independent fiscal audit conducted of its financial
statement and condition, regarding the performance of the
agreement, readily delineating CSHCD funds. The purpose of an
independent audit shall be for CSHCD to reasonably assure the
financial stability of its Subrecipients, and that each Subrecipient
shall establish and maintain an adequate system of internal
controls to ensure the efficient, proper processing of, and use of
contract funds.
7.4.4. The Subrecipient shall submit its audit report, including any "Management
Letter" and/or all other correspondences referred to in the audit report,
along with Subrecipient's response to the audit and corrective action plan,
if any, no later than thirty (30) days after completion of the audit. The
independent auditor's working papers shall be made available for the
County review, upon request by the County.
7.4.5. Failure to engage auditors and provide proof of such engagement prior to
the due date of the audit report to the County shall be considered
contractual non-performance. In such event, the County reserves the right
to withhold not more than one hundred fifty percent (150%) of the
reasonably estimated cost of the required audit from reimbursement due at
the end of the audit year or final reimbursement pending compliance with
this section of this Agreement. This subsection shall survive the termination
or other expiration of the Agreement.
7.5. Internal Controls—2 CFR Part 200.303:
7.5.1. Subrecipient shall establish and maintain effective internal control over the
Federal award that provides reasonable assurance that the Subrecipient is
managing the Federal award in compliance with Federal statutes,
regulations, and the terms and conditions of the Federal award.
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7.5.2. Comply with Federal statutes, regulations, and the terms and conditions of
the Subrecipient agreement.
7.5.3. Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings.
7.5.4. Take reasonable measures to safeguard protected personally identifiable
information and other information the Federal awarding agency or County
designates as sensitive or the Subrecipient considers sensitive consistent
with applicable Federal, state, local, and tribal laws regarding privacy and
obligations of confidentiality.
7.6. Fraud and Abuse Prevention:
7.6.1. Fraud and Abuse. Fraud means an intentional deception or
misrepresentation made by a person with the knowledge that the deception
could result in some unauthorized benefit to himself or some other person
and includes any act that constitutes fraud under applicable federal or state
law. Abuse means provider actions that are inconsistent with sound fiscal,
business, or medical practices and result in, or in reimbursement for
services that are not necessary or that fail to meet professionally
recognized standards.
7.6.1.1. The Subrecipient's, Fraud and Abuse program and policy shall
have procedures for the following requirements:
7.6.1.1.1. Provision of detailed information, ongoing training,
and education to employees and subcontractors
regarding fraud and abuse policies and procedures
and the False Claims Act as identified in Section
1902(a) (68) of the Social Security Act including
information regarding the rights of employees to be
protected as whistleblowers;
7.6.1.1.2. Written policies, procedures, and standards of
conduct requiring that the Subrecipient and the
Subrecipient's officers, employees, agents and
subcontractors are in compliance with the
requirements of this section and articulate the
Subrecipient's commitment to comply with all
applicable federal and state standards;
7.6.1.1.3. Enforcement of standards through well-publicized
disciplinary guidelines;
7.6.1.1.4. Internal monitoring and auditing of the Subrecipient
and providers;
7.6.1.1.5. Provisions for prompt responses to detected
offenses and development of corrective action
initiatives;
7.6.1.1.6. Provision for full cooperation with any federal or
state agency investigation including promptly
supplying all data and information requested for
their investigation;
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7.6.1.1.7. Report fraud and/or abuse information to CSHCD
within one business day of discovery and to include
the source of the complaint, the involved
individual(s), nature of the fraud or abuse
complaint, approximate dollars involved, and the
legal and administrative disposition of the case.
8. GENERAL TERMS AND CONDITIONS
8.1. Relationship:
8.1.1. The relationship of the Subrecipient to the County shall be that of an
independent contractor. No provision of this Agreement is intended or
deemed to create any relationship between the Parties hereto other than
that of independent entities contracting with each other solely for the
purpose of effecting the provisions of this Agreement. Neither of the Parties
hereto, nor any of their respective employees, shall be construed to be the
agent, employee, representative,joint venture, or partner of the other.
8.1.2. The Subrecipient and its employees or agents will not hold themselves out
as, nor claim to be, an agent, officer or employee of the County, nor will
they claim any of the rights, privileges or benefits which might accrue to
County employees.
8.1.3. The Subrecipient shall be responsible for all federal and/or state tax,
industrial insurance, and Social Security liability that may result from the
performance of services, and resulting compensation, for services
described herein.
8.2. Modifications and Amendments:
8.2.1. Except as provided otherwise herein, this Agreement may be amended
only in writing by agreement of all parties hereto.
8.2.2. The Subrecipient hereby acknowledges that this Agreement is subject to
all Federal statutes, Federal regulations, RCWs, and Washington
Administrative Codes (WAC) applicable to this Agreement. Any provision
of the Agreement which conflicts with federal and state statutes or
regulations is hereby amended to conform to the provisions of federal and
state law and regulations. Such amendment of the Agreement will be
effective on the effective date of the statutes or regulations necessitating it
and will be binding on the Parties even though such amendment may not
have been reduced to writing and formally agreed upon and executed by
the parties. The County will provide notice of such amendment required by
this paragraph when the County is aware of them.The Subrecipient agrees
to accept and execute any and all amendments offered by the County
needed to effectuate the Federal statute, Federal regulation, RCW, and/or
WAC.
8.2.3. Any proposed change(s) in the Scope of Work, (Exhibit A), must be
submitted in writing to CSHCD for approval prior to incurring any project
costs or implementing any substantial project modifications. Any such
changes shall be considered a request to modify or amend this Agreement.
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8.3. Waivers:
8.3.1. No employee of the County or the Subrecipient has the power, right or
authority to waive any of the terms, conditions and/or covenants of this
Agreement.
8.3.2. The waiver of any breach or violation of any provision of this Agreement
shall not operate as or be construed to be a waiver of any subsequent
breach of the Agreement.
8.3.3. The failure of the County or the Subrecipient to enforce any of the terms or
covenants of this Agreement or the failure to require performance under
the Agreement shall not be construed as a waiver nor in any way affect the
validity of the Agreement or the right of the County or the Subrecipient to
enforce each and every term of the Agreement.
8.4. Assignability:
8.4.1. The Subrecipient shall not assign any interest in this Agreement and shall
not transfer any interest in this Agreement to any party (whether by
assignment or novation) without prior written consent of the County. The
County may assign all or any of its interest in this Agreement as may be
deemed necessary at the sole discretion of the County.
8.5. Exhibits:
8.5.1. Any exhibits, attachments or addenda referred to herein and/or attached to
this Agreement and any Amendments hereto, are incorporated herein as if
set forth in full.
9. ACCESS, EXAMINATION, AND MONITORING
9.1. The County shall provide technical assistance to the Subrecipient, to the extent
practicable, regarding compliance with federal program requirements throughout
the project period.
9.2. The County will monitor project performance, evaluate accomplishments and
compliance with the terms of this Agreement throughout the project period.
Monitoring may include a visit to the project site and/or to the Subrecipient
organization.
9.2.1. The Subrecipient shall provide right of access to its facilities, including
those of any subcontractor, to the County, the state, and/or federal
agencies or officials at all reasonable times in order to monitor and evaluate
the services provided for herein. The County shall provide reasonable
notice of any county monitoring or evaluation, unless the County has
reason to believe that monitoring without notice is necessary.
9.2.2. The Subrecipient shall make available to the County, the state auditor,
and/or HUD all records, books or pertinent information which Subrecipient
shall have kept pertaining to this Agreement and as required by this
Agreement, Federal law and/or Washington law.
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9.2.3. Subrecipient shall also furnish such progress reports, schedules, financial
and cost reports, and other such program or fiscal data reasonably required
to evaluate the performance of this Agreement.
9.3. The County will monitor the performance of the Subrecipient in attempts to mitigate
fraud, waste, abuse, or non-performance based on goals and performance
standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance as determined by the
County will constitute noncompliance with this agreement. If corrective action 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
according to Section 10.1.3.
9.4. The Subrecipient shall cooperate with the County or its agent in the evaluation of
Subrecipient's performance under this Agreement and make available all
information reasonably required by any such evaluation process.
9.5. The Subrecipient shall respond timely and accurately to requests from the County
to provide information necessary to respond to inquiries from HUD or other entities
having authority to make such request.
9.6. The Subrecipient agrees to notify the County in advance of any state or other
formal inspections, audits, accreditation or program reviews and provide to the
County copies of said review, including any final written plan of correction or other
written response, within thirty (30) days of receipt.
10. AMERICANS WITH DISABILITIES ACT(ADA) OF 1990. PUBLIC LAW 101-336. ALSO
REFERRED TO AS THE "ADA" 28 CFR PART 35
10.1. The Subrecipient must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunications.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
11.1. "Confidential Information" as used in this section includes:
11.1.1.All material provided to the Subrecipient by the County that is designated
as "confidential" by County;
11.1.2.All material produced by the Subrecipient that is designated as
"confidential" by the County; and
11.1.3.All personal information in the possession of the Subrecipient that may not
be disclosed under state or federal law. "Personal information"includes but
is not limited to information related to a person's name, health, finances,
education, business, use of government services, addresses, telephone
numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
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11.2. The Subrecipient shall comply with all state and federal laws related to the use,
sharing, transfer, sale, or disclosure of Confidential Information. The Subrecipient
shall use Confidential Information solely for the purposes of this contract and shall
not use, share, transfer, sell or disclose any Confidential Information to any third
party except with the prior written consent of the County or as may be required by
law. The Subrecipient shall take all necessary steps to assure that Confidential
11.3. Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Subrecipient shall provide the County with its
policies and procedures on confidentiality. The County may require changes to
such policies and procedures as they apply to this contract whenever the County
reasonably determines that changes are necessary to prevent unauthorized
disclosures. The Subrecipient shall make the changes within the time period
specified by the County. Upon request, the Subrecipient shall immediately return
to the County any Confidential Information that the County reasonably determines
has not been adequately protected by the Subrecipient against unauthorized
disclosure.
11.4. Unauthorized Use or Disclosure: The Subrecipient shall notify the County within
five (5) working days of any unauthorized use or disclosure of any confidential
information, and shall take necessary steps to mitigate the harmful effects of such
use or disclosure.
12. TERMINATION AND SUSPENSION
12.1. This Agreement may be terminated or suspended in whole or in part as follows:
12.1.1. By fulfillment: The Agreement will be considered to be terminated upon
fulfillment of its terms and conditions;
12.1.2. By mutual consent: The Agreement may be terminated or suspended, in
whole or in part, at any time, if both Parties consent to such termination or
suspension. The conditions of the suspension or termination shall be
documented in a written amendment to this Agreement; or
12.1.3. For Cause: In accordance with 24 CFR 200.338-9 the County may
terminate or suspend this Agreement immediately, if the Subrecipient
materially fails to comply with any terms of this Agreement, which include
(but are not limited to) the following:
12.1.3.1. Failure to comply with any of the rules, regulations or provisions
referred to herein, or such statutes, regulations, executive
orders, and HUD guidelines, policies or directives as may
become applicable at any time;
12.1.3.2. Failure, for any reason, of Subrecipient to fulfill in a timely and
proper manner its obligations under this Agreement;
12.1.3.3. Ineffective or improper use of funds provided under this
Agreement; or
12.1.3.4. Submission by Subrecipient to County reports that are incorrect
or incomplete in any material respect.
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12.1.4. For Convenience: In accordance with 24 CFR 200.339, this Agreement
may also be terminated by providing the required thirty(30)day termination
for convenience notice by either the County or 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 of the Agreement 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 and cancel any payments in progress as deemed
appropriate by the County. The parties shall not incur new obligations for
the terminated portion after the effective date, and shall cancel as many
outstanding obligations as possible.
12.1.5. Grounds for Suspension: Improper or illegal use of funds will result in
immediate suspension and/or termination within the County's sole
discretion. Suspension and/or termination in this case may be initiated by
telephone or personal contact with a written confirmation to Subrecipient
within five (5) business days. The confirmation of suspension and/or
termination to Subrecipient shall specify the reasons for suspension and/or
termination and notify the Subrecipient of the County's future course of
action regarding the improper or illegal action.
12.1.6. Illegal or improper mishandling of funds or conduct which endangers,
discriminates against, or otherwise subjects project beneficiaries to harm,
may also result in a report of the conduct to appropriate legal authorities.
12.1.7.The suspended Subrecipient may not enter into any subsequent
Subrecipient Agreement with the County (even for another project or
different year's HOME Investment Partnership Program or CDBG funding).
12.1.8. For other Grounds:The County reserves the right to terminate this contract,
in whole or in part, immediately upon receipt of notice to the Subrecipient,
in the event expected or actual funding to the County from the Federal
government or other sources is withdrawn, reduced or eliminated.
12.2. In the event of termination, County will notify the Subrecipient in writing of its
determination to terminate, the reason for such termination, and the effective date
of the termination.
12.2.1. Upon termination, an accounting shall be done to determine what, if any,
payments are due to the Subrecipient or what, if any, refund is due from
the Subrecipient.
12.2.2.Actions by either party under this Article shall not constitute a waiver of any
right or claim by either party arising from this Agreement.
13. TERMINATION PROCEDURES
13.1. Upon termination of this contract, the County, in addition to any other rights
provided in this contract, may require the Subrecipient to deliver to the County any
property specifically produced or acquired for the performance of such part of this
contract as has been terminated. The provisions of the "Treatment of Assets"
clause shall apply in such property transfer.
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13.2. The County shall pay to the Subrecipient the agreed upon price, if separately
stated, for completed work and services accepted by the County, and the amount
agreed upon by the Subrecipient and the County for (i) completed work and
services for which no separate price is stated, (ii) partially completed work and
services, (iii) other property or services that are accepted by the County, and (iv)
the protection and preservation of property, unless the termination is for default, in
which case the Authorized Representative shall determine the extent of the liability
of the County. Failure to agree with such determination shall be a dispute within
the meaning of the "Disputes" clause of this contract. The County may withhold
from any amounts due the Subrecipient such sum as the Authorized
Representative determines to be necessary to protect the County against potential
loss or liability.
13.3. The rights and remedies of the County provided in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
13.4. After receipt of a notice of termination, and except as otherwise directed by the
Authorized Representative, the Subrecipient shall:
13.4.1. Stop work under the contract on the date, and to the extent specified, in the
notice;
13.4.2. Place no further orders or subcontracts for materials, services, or facilities
except as may be necessary for completion of such portion of the work
under the contract that is not terminated;
13.4.3.Assign to the County, in the manner, at the times, and to the extent directed
by the Authorized Representative, all of the rights, title, and interest of the
contract under the orders and subcontracts so terminated, in which case
the County has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and subcontracts;
13.4.4. Settle all outstanding liabilities and all claims arising out of such termination
of orders and subcontracts, with the approval or ratification of the
Authorized Representative to the extent the Authorized Representative
may require, which approval or ratification shall be final for all the purposes
of this clause;
13.4.5.Transfer title to the County and deliver in the manner, at the times, and to
the extent directed by the Authorized Representative any property which,
if the contract had been completed, would have been required to be
furnished to the County;
13.4.6. Complete performance of such part of the work as shall not have been
terminated by the Authorized Representative; and
13.4.7.Take such action as may be necessary, or as the Authorized
Representative may direct, for the protection and preservation of the
property related to this contract, which is in the possession of the
Subrecipient and in which the County has or may acquire an interest.
14. REMEDIES FOR NON-COMPLIANCE
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14.1. The suspension process may include, but is not required to include, the following
steps:
14.1.1.When an issue involving non-performance or insufficient performance
arises, the County will engage in informal discussions with the
Subrecipient. The Subrecipient shall correct any deficiencies in
performance. Technical Assistance, to the maximum extent practicable,
will be provided by the County to help the Subrecipient successfully
conduct the activity.
14.1.2. If informal discussion does not result in improved performance, the County
may schedule a monitoring visit to review the area of performance that
must be improved. A written report will be provided to the Subrecipient
which will outline the results of the monitoring and identify the specific
performance deficiencies. The Subrecipient shall respond to the report with
a proposed course of corrective action and a time frame in which to
implement corrective actions.
14.1.3. If the Subrecipient fails to improve the performance problem area, the
Subrecipient will be notified by the County in writing, that the Agreement is
suspended. CDBG funds may not be expended for any activities that have
been suspended.
14.1.4. Suspension will (except in the case of illegal or improper action) include an
identification of the specific performance deficiencies, the required course
of corrective action, and a timeline for achieving the corrections. Corrective
action plans shall require a fifteen (15)to sixty(60) day period of resolution
(within the County's discretion, depending upon the performance issue).
14.1.5. Suspension will only be lifted by the County upon Subrecipient's correction
of the deficient performance to the County's satisfaction as evidenced by a
written release from the County.
15. DISPUTE RESOLUTION
15.1. The Subrecipient and the County shall work together in good faith to resolve any
disputes about their contractual relationship under this Agreement. If the Parties
are unable to resolve a dispute arising from this Agreement within fifteen (15) days
following the date one Party sends written notice of the dispute to the other Party,
the dispute may be submitted by either party to the Director of CSHCD ("Director").
15.2. The Director's decision shall be made within ten (10) business days of receipt of
the dispute, unless circumstances warrant a reasonable delay in said response.
15.3. Either party shall have the right to pursue relief in a court of competent jurisdiction,
if the Director does not resolve the dispute to their satisfaction. The Parties may
mutually agree to resolve the dispute through an alternative dispute resolution
mechanism, including but not limited to arbitration or mediation.
15.4. In any dispute arising in connection with this Agreement, each Party shall be
required to pay its own costs and expenses, including attorney's fees incurred in
connection therewith, in preparation therefore and on appeal therefrom and in any
bankruptcy proceeding related thereto.
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16. SEVERABILITY
16.1. If any provision of this Agreement, or portion thereof, is held invalid by any court
of rightful jurisdiction, the remainder of this Agreement shall not be affected,
providing the remainder continues to conform to applicable Federal and State
law(s) and regulations and can be given effect without the invalid provision.
17. MAINTENANCE AND RETENTION OF RECORDS
17.1. Subrecipient shall provide, upon request, a written Records Maintenance Policy
and Procedures which will cover records storage, retention, and disposition
procedures.
17.2. Records Maintenance
17.2.1. The Subrecipient shall maintain sufficient records in accordance with 24
CFR 570.506 to determine compliance with the requirements of this
agreement, the CDBG Program and all other applicable laws and
regulations. Subrecipient shall also follow 2 CFR § 200.333 Retention
requirements for records; § 200.334 Requests for transfer of records;
§ 200.335 Methods for collection,transmission and storage of information;
§ 200.336 Access to records; and § 200.337 Restrictions on public access
to records. This documentation shall include, but not be limited to, the
following:
17.2.1.1. Accounts and records, including personnel, property, financial
and programmatic records, and other such records as may be
reasonably required by CSHCD to ensure proper accounting for
all Agreement funds and compliance with this Agreement;
17.2.1.2. Fiscal books, records, documents, reports and other data shall
be maintained in a manner consistent with generally accepted
accounting principles and retained for a period prescribed by any
applicable tolling or other statue, but in no instance less than six
(6) years after termination of this Agreement;
17.2.1.3. Subrecipient shall maintain records sufficient to substantiate
CSHCD's statement of its organization's structure, tax status,
capabilities, and performance;
17.2.1.4. Subrecipient shall maintain city council meeting minutes, and
other committee or subcommittee minutes where activity under
the Agreement was discussed. Upon CSHCD request for
documentation the Subrecipient shall have the right to redact out
information that does not relate to activity under this Agreement;
17.2.1.5. All records required by CDBG regulations;
17.2.1.6. Subrecipient shall keep and maintain public records that
ordinarily and necessarily would be required by County in order
to perform the service;
17.2.1.7. All reports, plans, surveys, information, documents, maps,
books, records and other data procedures developed, prepared,
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assembled, or completed by the Subrecipient for the purpose of
this agreement shall be made available to the County by the
Subrecipient at any time upon request by the County. Materials
identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures
and practices, which sufficiently and properly reflect all revenues
and expenditures of funds provided directly or indirectly by this
agreement, including matching funds and Program Income.
These records shall be maintained to the extent of such detail as
will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is
claimed under the provisions of this agreement;
17.2.1.8. Upon completion of all work contemplated under this agreement
copies of all documents and records relating to this agreement
shall be surrendered to the County if requested. In any event the
Subrecipient shall keep all documents and records in an orderly
fashion in a readily accessible, permanent and secured location;
and
17.2.1.9. The Subrecipient shall maintain records showing compliance
with the Davis- Bacon and other related acts, including files
containing contractor payrolls, employee interviews, Department
of Labor prevailing rates. Subrecipient shall maintain records
showing contractor compliance with the Contract Work Hours
and Work Safety Law. Similarly, the Subrecipient shall maintain
records showing compliance with federal purchasing
requirements and with other federal requirements for grant
implementation.
17.3. Records Retention:
17.3.1. During the term of this Agreement and for six (6) years following
termination or expiration of this Agreement, or if any audit, claim, litigation,
or other legal action involving the records is started before expiration of
the six (6) year period, the records shall be retained until completion and
resolution of all issues arising there from or until the end of the six(6)year
period, whichever is later.
18. PROCUREMENT AND SUBCONTRACTS
18.1. No part of this agreement may be assigned or subcontracted without the written
consent of the County, which consent, if given at all, shall be at the County's sole
discretion and judgment.
18.2. All procurement actions and subcontracts shall be in accordance with applicable
State and Federal law relating to contracting by public agencies. For procurement
actions requiring a written contract, the Subrecipient may, upon the County's
specific written approval of the contract instrument, enter into any subcontract or
procurement action authorized as necessary for the successful completion of this
Agreement. The Subrecipient will remain fully obligated under the provisions of this
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contract Agreement not withstanding its designation of any third party to undertake
all or any of the Projects. The Subrecipient may not award or permit an award of a
contract to a party that is debarred, suspended or ineligible to participate in a
Federal program.
18.3. By signature of this Agreement, the Subrecipient herby certifies that neither the
Subrecipient nor their respective officers, directors, shareholders, employees,
partners or member are subject to debarment, suspension or determination, of
ineligibility by HUD, and acknowledge that the County is relying upon this
declaration in entering into the Agreement.
18.4. By signature of this Agreement,the Subrecipient agrees to perform debarment and
suspension checks on all officers, directors, shareholders, employees, partners or
member, contractors and subcontractors prior to entertaining into contracts, and
will provide documentation to the County prior to entering into contracts, and will
provide documentation to the County prior to any CDBG funds being disbursed.
The Subrecipient will ensure that every contractor and subcontractor it contracts
with will have a DUNS number and the Subrecipient will use the System for Award
Management (SAM), to perform such debarment and suspension checks. The
website is: http://www.sam.qov.
18.5. Contractors or subcontractors that receive contracts in excess of $200,000 for
CDBG Infrastructure projects/activities are required to comply with Section 3 of the
Housing and Urban Development Act of 1968 CFR 24 Part 75 For addition
information and to ensure Section 3 requirements subrecipient can go to
https://www.spokanecounty.org/3631/Section-3-Registration.
18.6. The Subrecipient shall consult with the County to develop a plan of action to
comply with Executive Orders 11625, 12138 and 12432 and Public Law 95-507
dealing with the use of minority and woman owned business enterprises.
19. INDEMNIFICATION AND INSURANCE
19.1. Indemnification:
19.1.1. The Subrecipient is an independent Subrecipient and not the agent or
employee of the County. No liability shall attach to the County for entering
into this contract or because of any act or omission of the Subrecipient
except as expressly provided.
19.1.2. The Subrecipient agrees to defend, indemnify and hold the County
harmless from any and all claims, including but not limited to reasonable
attorney fees, demands, losses and liabilities to or by third parties arising
from, resulting from or connected with services performed or to be
performed under this contract by the Subrecipient, its agents or
employees to the fullest extent permitted by law. The Subrecipient's duty
to defend, indemnify and hold the County harmless shall not apply to
liability for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of the County,
their agents or employees. The Subrecipient's duty to defend, indemnify
and hold the County harmless for liability for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the
concurrent negligence or (a) the County or Consultant, their agents or
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employees, and (b) Subrecipient, its agents or employees shall apply only
to the extent of negligence of the Subrecipient or its agents or employees.
Subrecipient's duty to defend, indemnify and hold the County harmless
shall include, as to all claims, demands, losses and liability to which it
applies, the County's personnel-related costs, reasonable attorney's fees,
court costs and all other claim-related expenses.
19.1.3. The Subrecipient's indemnification shall specifically include all claims for
loss liability because of wrongful payments under the Uniform Commercial
Code, or other statutory or contractual liens or rights or third parties,
including taxes, accrued or accruing as a result of this contract or work
performed or materials furnished directly or indirectly because of this
contract.
19.1.4. Subrecipient further agrees that this duty to indemnify County applies
regardless of any provisions in RCW Title 51 to the contrary, including but
not limited to any immunity of Subrecipient for liability for injuries to
Subrecipient's workers and employees, and Subrecipient hereby waives
any such immunity for the purpose of this duty to indemnify County.
19.1.5. THE COUNTY AND THE SUBRECIPIENT ACKNOWLEDGE THAT THE
INDEMNIFICATION PROVISIONS OF THIS SECTION WERE
SPECIFICALLY NEGOTIATED AND MUTUALLY AGREED UPON BY
THEM. The Subrecipient's duties under this section shall survive
expiration or earlier termination of the Agreement.
19.2. Insurance:
19.2.1. The Subrecipient shall furnish and maintain all insurance as required
herein and comply with all limits, terms and conditions stipulated therein,
at their expense, for the duration of the contract. Following is a list of
requirements for this contract. Any exclusion that may restrict required
coverage must be pre-approved by the Spokane County Risk
Management Department. Work under this contract shall not commence
until evidence of all required insurance, policy endorsement and bonding
are provided to the County of Spokane. The Subrecipient's insurer shall
have a minimum A.M. Best's rating of A- and shall be licensed to do
business in the State of Washington. Evidence of such insurance shall
consist of a completed copy of the certificate of insurance, signed by the
insurance agent for the Subrecipient and returned to the Spokane County
Purchasing Department. The insurance policy or policies will not be
canceled, materially changed or altered without forty-five (45) days prior
notice submitted to the department with whom the contract is executed.
The policy shall be endorsed, and the certificate shall reflect that the
County of Spokane is an additional named insured on the Subrecipient's
general liability policy with respect to activities under the contract. The
policy shall provide, and the certificate shall reflect that the insurance
afforded applies separately to each insured against whom claim is made
or suit is brought except with respect to the limits of the company's liability.
19.2.1.1. Self-insurance through the Washington State Risk Pool for
Washington State Government Agencies is sufficient to meet the
insurance requirements above.
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19.2.2. The policy shall be endorsed, and the certificate shall reflect that the
insurance afforded therein shall be primary insurance and any insurance
or self-insurance carried by the County shall be excess and not
contributory insurance to that provided by the Subrecipient.
19.2.3. The Subrecipient shall not commence work, nor shall the Subrecipient
allow any subcontractor to commence work on any subcontract until a
Certificate of Insurance with additional insured endorsement, meeting the
requirements set forth herein, has been approved by Spokane County
Risk Management Department and filed with the department with whom
the Agreement is executed. Upon request, the Subrecipient shall forward
to the Spokane County Risk Management Department the original policy,
or endorsement obtained, to the Subrecipient's policy currently in force.
19.2.4. Failure of the Subrecipient to fully comply with the insurance requirements
set forth herein, during the term of the Agreement, shall be considered a
material breach of contract and cause for immediate termination of the
Agreement at the County's discretion. Alternatively the County may
procure and maintain, at the Subrecipient's sole expense, insurance to the
extent deemed proper up to the amount of the required coverage(s). The
County may offset the cost of such insurance against payment due to the
Subrecipient under the Agreement.
19.2.5. Providing coverage in the amounts listed shall not be construed to relieve
the Subrecipient from liability in excess of such amounts.
19.2.6. REQUIRED COVERAGE: The insurance shall provide the minimum
coverage as set forth below.
19.2.6.1. General Liability Insurance: The Subrecipient shall carry, for the
duration of this Agreement, Commercial General Liability
Insurance in the amounts of One Million Dollars ($1,000,000.00)
Per Occurrence with no deductible; General Aggregate Two
Million Dollars ($2,000,000.00). The policy shall include general
liability arising out of premises, operations, independent
contractors, products, completed operation, personal injury, fire
damage, advertising injury, medical expense, and liability
assumed under and insured contract.
19.2.6.2. Additional Insured Endorsement: General Liability Insurance
must state that Spokane County, its officers, agents and
employees, and any other entity specifically required by the
provisions of this Agreement will be specifically named additional
insured(s) for all coverage provided by this policy of insurance
and shall be fully and completely protected by this policy from all
claims. Language such as the following should be used
"Spokane County, its Officers, Agents and Employees are
Named Additional Insured".
19.2.6.3. Proof of Automobile Insurance: The Subrecipient shall carry, for
the duration of this Agreement, comprehensive automobile
liability coverage of One Million Dollars ($1,000,000.00), for any
vehicle used in conjunction with the provision of services under
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the terms of this Contract. Said policy shall provide that it shall
not be cancelled, materially changed, or renewed without forty-
five (45) days written notice thereto to Spokane County.
19.2.6.4. Professional Liability Insurance: The Subrecipient shall carry
Professional Liability Insurance coverage in the minimum
amount of One Million Dollars ($1,000,000.00) Per Occurrence;
One Million Dollars ($1,000,000.00) aggregate covering
Spokane County.
19.2.6.5. Workers Compensation: When the Contractor has employees of
the company, the Contractor shall carry Worker's Compensation
Industrial Injury Insurance coverage and effective in Washington
State. Proof of insurance shall be reflected on the Contractor's
Certificate of Insurance or by providing the Contractor's State
Industrial Account Identification Number.
19.2.7. Waiver of Subrogation: The County shall not be liable to the Subrecipient
or to any insurance company(by way of subrogation or otherwise) insuring
the Subrecipient for any loss or damage to any person, building, structure
or tangible personal property of the other occurring as a result of activity
under the Agreement, even though such loss or damage might have been
occasioned by the negligence of the County, its agents or employees, if
such loss or damage is covered by insurance benefiting the Subrecipient
suffering such loss or damage was required to be covered by insurance
under terms of the Agreement. Subrecipient shall cause each insurance
policy obtained by it to contain this waiver of subrogation clause.
20. CODE OF CONDUCT
20.1. The Parties hereto shall maintain a Code of Conduct which governs the perfor-
mance of employees, agents, consultants, officers, or elected or appointed officials
who: 1) exercise any function or responsibility with respect to the award or
administration of contracts or procurement actions funded in whole or in part by
funds made available hereunder or 2) are in a position to participate in a decision
making process or gain inside information with regard to such activities. These
individuals are prohibited from obtaining a personal or financial interest or benefit
from any activity, or having an interest in any contract, subcontract or agreement
with respect thereto, or the process thereunder, either for themselves or their
family or business ties during their tenure or for a one (1) year period thereafter.
20.2. The Subrecipient organization/agency shall adopt such Code of Conduct within
thirty (30) days of the execution of this Agreement if a Code of Conduct described
in the preceding paragraph is not already in effect.
20.3. In the performance of the Agreement, Subrecipient agrees to comply with all
applicable laws and regulations that may pertain to conflicts of interest. These
include any applicable provisions of RCW Title 42. Any violation of this section
shall constitute a material breach of this Agreement, allowing the County to
terminate the Agreement pursuant to the terms hereof.
20.4. The Subrecipient shall:
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20.4.1. Report to the County and obtain approval of the procurement process
employed by Subrecipient prior to awarding a contract for professional or
construction services or purchase of materials;
20.4.2. Implement Fair Housing Laws and affirmatively market services to
otherwise qualified persons, without regard to age, sex, color, ethnic
origin, religion, disability or familial status; and post Fair Housing and
Equal Opportunity poster in location visible to all visitors; and
20.4.3. Include identification of the County CDBG funding on all printed materials,
including signage, books, reports, pamphlets, brochures, posters and
articles, published and circulated for the purpose of describing, evaluating,
or publicizing services or activities funded under this Agreement.
21. POLITICAL ACTIVITY AND LOBBYING
21.1. No portion of the funds provided hereunder shall be used for any partisan political
activity or to further the election or defeat of any candidate for public office or
influence or defeat of any ballot issue. No member or delegate to the Congress of
the United States of America, nor resident Commissioner, nor any other Federal
official shall be admitted to any share or part of the Federal funds provided by this
Agreement.
21.2. The Subrecipient shall comply with the requirements set forth in Section 1352, Title
31, U.S. Code that prohibit the use of Federally appropriated funds to influence or
attempt to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
21.3. Pursuant to Section 1352, title 31, U.S. Code, subrecipient lobbying activity funded
by other than federally appropriated funds, shall be reported.
21.4. The Subrecipient shall require that the language of this section be included in the
award documents for all sub-awards at all tiers(including subcontracts, sub-grants,
and contracts under grants, loans, and cooperative agreements) and that all
subcontractors shall certify and disclose accordingly.
22. ORDER OF PRECEDENCE
22.1. The Agreement is entered into pursuant to and under the authority granted by the
laws of the State of Washington and any applicable federal laws. The provisions
of this Agreement shall be construed to conform to those laws.
22.2. In the event of any inconsistency in the terms of this Agreement or between its
terms and any applicable statute or rule, the inconsistency shall be resolved by
giving precedence in the following order:
22.2.1. Applicable Federal Statutes and Regulations;
22.2.2. Applicable State Statutes and Regulations;
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22.2.3. HUD Contract No.: B-22-UC-53-0004; and
22.2.4. Express terms of this Agreement and any amendments.
23. JURISDICTION
23.1. The laws of the State of Washington govern this Agreement. In the event of a
lawsuit by the Subrecipient against the County involving this Agreement, venue
shall be proper only in Spokane County, Washington. In the event of a lawsuit by
the County against the Subrecipient involving this Agreement, venue shall be
proper only as provided in RCW 36.01.050.
24. TREATMENT OF ASSETS
24.1. Title to all property furnished by the County shall remain with the County. Title to
all property furnished by the Subrecipient, for the cost of which the Subrecipient is
entitled to be reimbursed as a direct item of cost under this contract, shall pass to
and vest in the County upon delivery of such property by the Subrecipient. Title to
other property, the cost of which is reimbursable to the Subrecipient under this
contract, shall pass to and vest in the County, upon (i) issuance for use of such
property in the performance of this contract, or(ii) commencement of use of such
property in the performance of this contract, or (iii) reimbursement of the cost
thereof by the County in whole or in part, whichever first occurs.
24.1.1. Any property of the County furnished to the Subrecipient shall, unless
otherwise provided herein or approved by the County, be used only for the
performance of this contract.
24.1.2. The Subrecipient shall be responsible for any loss or damage to property
of the County that results from the negligence of the Subrecipient or which
results from the failure on the part of the Subrecipient to maintain and
administer that property in accordance with sound management practices.
24.1.3. If any County property is lost, destroyed or damaged, the Subrecipient
shall immediately notify the County and shall take all reasonable steps to
protect the property from further damage.
24.1.4. The Subrecipient shall surrender to the County all property of the County
prior to settlement upon completion, termination or cancellation of this
contract.
24.2. All reference to the Subrecipient under this clause shall also include the
Subrecipient's employees, agents or Subcontractors.
25. PROPRIETARY RIGHTS
25.1. The County and HUD hereby retain a nonexclusive, royalty free, and irrevocable
right to duplicate, use for their own purposes, disseminate, disclose, or authorize
others to utilize any copyrighted or copyrightable work developed or purchased
with CDBG funds.
CDBG 22-25144 Infrastructure Subrecipient Agreement
Page 24 of 25
26. MISCELLANEOUS
26.1. Further Documentation: Subrecipient agrees to execute, acknowledge, and deliver
upon reasonable request by the County any document, which the County
reasonably deems necessary or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents hereof.
26.2. Headings: The headings are for convenience only and do not in any way limit or
affect the terms and provisions hereof.
26.3. Calculation of Time Periods: Unless otherwise specified, in calculating any period
of time described in this Agreement, the day of the act or event after which the
designated period of time begins to run is not to be included and the last day of
the period so computed is to be included, unless such last day is a Saturday,
Sunday, or County holiday, in which case the last day of the period shall be the
next business day. The final day of any such period shall be deemed to end at 5
o'clock p.m., Pacific Time.
26.4. Time of Essence: Time is of the essence of this Agreement.
26.5. Gender and Grammar: Wherever appropriate in this Agreement, the singular shall
be deemed to refer to the plural and the plural to the singular, and pronouns of
certain genders shall be deemed to include either or both of the other genders.
CDBG 22-25144 Infrastructure Subrecipient Agreement
Page 25 of 25
22-25144
EXHIBIT A
2022 CDBG
SCOPE OF WORK
CASE#22-25144
Spokane Valley, Washington Sewer Improvements
Original Request: $358,076.00
Final Award: $358,076.00
Source of Funds: Community Development Block Grant
Project/Activity Description and County Benefit
Spokane Valley Washington will provide sidewalk improvements and ADA curb accessibilty for
approximately 600 linear feet along Park Road. Low/Mod population of the predominantly residential area
is 62.30%.The sidewalk serves school students accessing Seth Woodard Elementary School and Centennial
Middle School. CDBG funds will be used for contruction and engineering costs.
SECTION 3 REQUIREMENTS APPLY TO THIS CONTRACT AND SCOPE OF WORK.
Approved Use of Funds
Professional Services
Engineering Design &CM $35,791.00
Subtotal: Professional Services
Construction Costs
Construction Costs $322,285.00
Subtotal:Construction Costs $322,285.00
Total Project Costs: $358,076.00
Exhibit A-SOW
Page 1
Project Name: City of Spokane Valley Exhibit B
Project No. CDBG 22-25144
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
Assurances and Representations
Certification of Compliance
The Subrecipient and all its consultants and contractors shall comply with the following State and Federal
laws, regulations and County policies as they pertain to project compliance and shall include notification
and/or documentation as required by the County (Said laws and regulations are incorporated herein and
made a part hereof by reference). Please initial each section and certify by authorized signature,
once complete.
_American with Disabilities Act of 1990
(a) Title II of the ADA prohibits discrimination based on disability in programs and activities provided or made
available by public entities. HUD enforces Title II with respect to housing-related programs and activities of
public entities, including public housing, housing assistance and housing referrals.
(b) Title Ill of the ADA prohibits discrimination based on disability in the goods, services, facilities, privileges,
advantages, and accommodations of places of public accommodations owned, leased, or operated by
private entities. The Department of Justice enforces Title Ill of the ADA, but certain HUD recipients and
private entities operating housing and community development programs are covered by Title Ill of the
ADA.
Section 504 of the Rehabilitation Act of 1973, as Amended
(a) Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as amended, dealing with employment of
handicapped persons and program benefits to handicapped persons and regulations issued pursuant
thereto, and accessibility for handicapped persons(RCW 1927 and RCW 70.92).
Real Property Acquisition, Displacement and Relocation Assistance
(a) Relocation requirements of Title II and acquisition requirements of Title Ill of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, and regulations issued pursuant thereto (24
CFR Part 42).
(b) Spokane County's Displacement and Relocation Policy relating to persons affected by Community
Development Block Grant activities.
Civil Rights Act of 1964, as Amended, Equal Opportunity and Affirmation Action
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and Section 109 of the Housing and Community
Development Act of 1974 as amended relating to nondiscrimination in performance of this project and to
the benefits deriving from it, and regulations issued pursuant thereto (24 CFR Parts 1 and 570 and RCW
49.60).
(b) The Age Discrimination Act of 1975, as amended (P.L. 94-135), and regulations issued pursuant thereto.
(c) Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, dealing with employment
of Veterans, Disabled Veterans and Veterans of the Vietnam Era and regulations issued pursuant thereto.
(d) Section 3 of the Housing and Community Development Act of 1974 as amended, and regulations issued
pursuant there to (24 CFR Part 135), dealing with employment of County low income residents as
employees and use of County businesses as contractors, subcontractors, and suppliers.
(e) Executive Order 11246 dealing with nondiscrimination in employment as a result of Federally assisted
construction contracts as amended by Executive Orders 11375 and 12086, and regulation issued pursuant
thereto(41 CFR Chapter 60).
(f) Subrecipients who receive CDBG funds and who deliver human services to low and moderate income
persons, will be required to affirmatively market such services to persons in Spokane County regardless of
race, religion, sex, age, national origin, color, handicap, or familial status.
1
Project Name: City of Spokane Valley Exhibit B
Project No. CDBG 22-25144
_Drug Free Workplace Act of 1988
(a) The Subrecipient will comply with the Drug-Free Workplace Act of 1988, P.L. 100-690, and shall certify that
they will maintain a drug-free work place, develop and adopt a written policy and implement organizational
policies and procedures as required by the Drug-Free Workplace Act of 1988, related laws and regulations.
_Labor Standards
(a) Labor standards and wage rate requirements set forth in Section 110 of the Housing and Community
Development Act of 1974, as amended, 24 CFR 570.605 and HUD regulations issued pursuant there to,
including the Davis-Bacon Act as amended, the Copeland Act and the Contract Work Hours and Safety
Standards Act and Prevailing Wages, RCW 39.12.
Environmental Protection
(a) Executive Order 11988 relating to evaluation of flood hazards and Executive Order 11288 relating to the
prevention, control and abatement of water pollution.
(b) Flood insurance purchase requirements of Section 102 and 202(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234).
(c) Lead Based Paint Poisoning Act (42.U.S.C. 4801 et seq.) and regulations issued pursuant thereto (24CFR
Part 35 Subpart B).
_Purchase and Improvement of Property Acquired and/or Improved with CDBG Funds:
(a) Any property under the Subrecipient's control, that is acquired or improved, in whole or in part, with CDBG
funds in excess of Twenty-Five Thousand Dollars ($25,000.00) is subject to the regulation at 24 CFR Part
570.503(b)(7)-Reversion of Assets, which requires property acquired or improved with CDBG funds to be
used for a purpose which meets a national objective for a period of five (5) years from the expiration of this
agreement. Disposition of any property acquired or improved with CDBG funds during the five (5) year
period requires repayment of the CDBG funds to Spokane County. Such property disposition will be
reported to the County within thirty(30)days of the intent to dispose of said property.
(b) At a minimum, all property acquired and/or improved with CDBG funds will be inventoried and reported on
an annual basis by the Subrecipient. A letter detailing the current usage and status of said property will be
sent to the County. The report shall be required for a period of five (5) years from the expiration of this
Agreement. Promissory Notes, Deeds of Trust or other documents may additionally be negotiated as a
term for receipt of funds.
(c) If the Subrecipient intends to dispose of a property acquired and/or improved with CDBG funds, it will be
incumbent on the Subrecipient to report, in writing, to the County, such intent to dispose of said property
thirty (30) days prior to the negotiation and/or agreement to dispose of said property.
_2 CFR 200 Appendix II Contract Provisions for Non-Federal Entities:
(a) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
(b) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all
prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision
for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity
must report all suspected or reported violations to the Federal awarding agency. The contracts must also
2
Project Name: City of Spokane Valley Exhibit B
Project No. CDBG 22-25144
include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.
(c) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(d) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(e) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),
as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
(f) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)
must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(g) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
Affirmatively Furthering Fair Housing
(a) Implement Fair Housing Laws and affirmatively market services to otherwise qualified persons, without
regard to age, sex, color, ethnic origin, religion, disability or familial status;
3
Project Name: City of Spokane Valley Exhibit B
Project No. CDBG 22-25144
Debarment, Suspension and Other Responsibility Matters
The agency certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not, within a three-year period preceding this contract agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property.
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or local)with commission of any of the offenses enumerated in paragraph (b), of this certification.
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local)terminated for cause or default.
I, the authorized representative, affirm that I have read and fully understand the applicable portions of the
above Acts. I furthermore affirm that neither the Subrecipient, the services provided by the Subrecipient,
the physical location in/on, where any of these services are rendered, nor any other aspect of the
Subrecipient's operations, violates the relevant provisions or explicit intent of the Acts.
I understand that a failure to comply with any applicable certification may be grounds for termination of the
contract agreement.
Signature of Authorized Representative
Printed Name of Authorized Representative Date:
4
Project Name: City of Spokane Valley Exhibit C
Project No. CDBG 22-25144
Certification Regarding Lobbying For
Grants and Cooperative Agreements
Submission of this certification is required by Section 1352,Title 31 of the U.S. Code and is a
prerequisite for making or entering into a grant or cooperative agreement over$100,000.
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with the making of any federal grant, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts)and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact on which the Spokane County, Housing and
Community Development Department relied when it made or entered into this grant or cooperative
agreement. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than$10,000 and not more than$100,000 for each such failure.
Organization Name PR/Award(or Application)Number
Or Project Name
Name and Title of Authorized Representative
Signature Date
Project Name: City of Spokane Valley Exhibit D
Project No. CDBG 22-25144
SPECIAL TERM AND CONDITION NO. 8: FEDERAL FUNDING ACCOUNTABILITY
AND TRANSPARENCY ACT OF 2006(P.L. 109-282)
This Agreement is supported by federal funds requiring compliance with the Federal Funding
Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by Section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this Agreement, GRANTEE
agrees to provide all applicable reporting information to COUNTY required by FFATA and OMB
Guidance.
The FFATA requires the OMB to establish publicly available online database(USASpending.gov)
containing information about entities that are awarded federal grants, loans and contracts. As
required by FFATA and OMB Guidance, certain information on the first-tier subawards related to
federal contracts and grants,and the executive compensation of awardees, must be made publicly
available.
For new federal grants beginning October 1,2010,if the initial subaward is equal to or greater than
$25,000, reporting of the subaward and executive compensation information is required. If the
initial subaward is below $25,000, but subsequent grant modifications result in a total subaward
equal to or over$25,000,the subaward will be subject to the reporting requirements as of the date
the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000, but funding is
subsequently deobligated such that the total award amount falls below $25,000, the subaward
continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance.
As a federal grant subawardee under this Agreement, your organization is required by FFATA,
OMB Guidance and this Agreement to provide COUNTY as the prime grant awardee, all
information required for FFATA compliant reporting by COUNTY. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance,including the subawardee
DUNS number, and relevant executive compensation data, as applicable.
Data about GRANTEE will be provided to USASpending.gov by COUNTY or by the Federal
Contractor Registry(CCR). CCR is a government-wide registration system for organizations that
do business with the federal government. CCR stores information about awardees, including
financial account information for payment purposes and a link to D&B for maintaining current
DUNS information, www.ccr.gov. COUNTY encourages CCR registration and annual renewal
by GRANTEE to minimize unnecessary data entry and re-entry required by both COUNTY and
GRANTEE. It will also reduce the potential of inconsistent or inaccurate data entry.
GRANTEE must have a Data Universal Numbering System (DUNS) number obtained from the
firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number provides a method to verify
data about your organization. D&B is responsible for maintaining unique identifiers and
organizational linkages on behalf of the federal government for organizations receiving federal
assistance.
COUNTY, as the prime awardee, is required by FFATA to report names and total compensation
of the five(5)most highly compensated officers of GRANTEE(as the subawardee) if:
Project Name: City of Spokane Valley Exhibit D
Project No. CDBG 22-25144
1. GRANTEE (the subawardee) in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from federal awards and $25,000,000 or more in
annual gross revenues from federal awards;AND
2. The public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section
13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d) or section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards of
stock, stock options and stock appreciation rights; and other compensation such a severance and
termination payments,and value of life insurance paid on behalf of the employee,and as otherwise
provided by FFATA and applicable OMB guidance.
If(1) in the preceding fiscal year, GRANTEE received 80 percent or more of its annual gross
revenues from federal awards and $25,000,000 or more in annual gross revenues from federal
awards, and (2) the public does not have access to this information about the compensation of
senior executives of your organization through periodic reports filed under section 13(a) or 15(d)
of the Securities and Exchange Act of 1934(15 USC 78m(a),78o(d)or section 6104 of the Internal
Revenue Code of 1986, insert the names and total compensation for the five most highly
compensated officers of your organization in the table below:
Officer 1 Name
Officer 1-Total Compensation Amount
Officer 2 Name
Officer 2 Total Compensation Amount
Officer 3 Name
Officer 3 Total Compensation Amount
Officer 4 Name
Officer 4 Total Compensation Amount
Officer 5 Name
Officer 5 Total Compensation Amount
If GRANTEE does not meet these criteria, specifically identify below each criteria that is not met
Project Name: City of Spokane Valley Exhibit D
Project No. CDBG 22-25144
for your organization:
CDBG 22-25144
EXHIBIT E
2 CFR Part 200 Subpart F Audit Certification Form
2 CFR Part 200.69:Non-Federal entity means a state,local government, Indian tribe,institution of higher education(IHE),or nonprofit
organization that carries out a Federal award as a recipient or subrecipient.
Contact Information
Subrecipient Name:
Authorized Official (Name&Title-preferably CFO or CEO):
Address:
Email: Phone#:
Purpose: As a pass-through entity of federal grant funds, the Spokane County Community Services Housing and Community
Development Department (CSHCD) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and verify that subrecipients expending $750,000 or more in federal awards
during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements.Your entity is a subrecipient subject to such
monitoring by CSHCD because it is a non-federal entity that expends federal grant funds received from CSHCD as a pass-
through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal
year shall have a single or program-specific audit conducted for that year. If your entity is not subject to these requirements,
you must complete Section A of this Form. If your entity is subject to these requirements, you must complete Section B of this
form.When completed, you must sign, date, and return this form with your contract/agreement and every fiscal year thereafter
until the contract/agreement is closed. Failure to return this completed Audit Certification Form may result in delay of funding,
withholding of federal awards or disallowance of costs, and suspension or termination of federal awards.
SECTION A:Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F
Our entity is not subject to the audit requirements of 2 CFR Part 200 Subpart F because:
❑ We did not expend$750,000 or more of total federal awards during the fiscal year.
❑ We are exempt for other reasons(describe):
By signing below, I acknowledge that we are still subject to 2 CFR Part 200 Subpart F laws and regulations governing the
program(s)in which we participate, that we are required to maintain records of federal funding and to provide access to
such records by federal and state agencies and their designees, and that CSHCD may request and be provided access to
additional information and/or documentation to ensure proper stewardship of federal funds.
SECTION B:Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F
(Complete the information below and check the appropriate box)
❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date]
There were no findings related to federal awards from CSHCD. No follow-up action is required by CSHCD as the pass-
through entity.
A complete copy of the audit report,which includes exceptions,corrective action plan and management
response,will be provided electronically to tlandsiedel@spokanecounty.org.
❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date]
There were findings related to federal awards.
A complete copy of the audit report,which includes exceptions,corrective action plan and management
response,will be provided electronically to tlandsiedel@spokanecounty.org.
❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending [enter date]
We will provide electronic copy of the audit report to tlandsiedel@spokanecounty.org.
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify
that the above information is true and correct and all relevant material findings contained in audit report/statement
have been disclosed.Additionally,I understand this Form is to be submitted every fiscal year for which this entity is a
subrecipient of federal award funds from CSHCD.
Signature of Authorized Official: Date:
Print Name&Title: