25-002.00SpokaneCountyHCDConsolidatedHomelessGrant 25-002 City Contract #
AGREEMENT BETWEEN CITY OF SPOKANE VALLEY(CoSV)AND SPOKANE
COUNTY IN CONJUNCTION WITH CONSOLIDATED HOMELESS GRANT(CHG)
FUNDING
1.Subrecipient 2.Contract Amount 3.Tax ID#
City of Spokane Valley 71-0914170
IO2l0ESpiagueAve, $227,486 4. UEI#
Spokane Valley.WA 99206
NSU3DBMM7JN9
5.Subrecipient Representative 6.County's Representative
Gloria Mantz,City Services Administrator Chris Mckinney
City of Spokane Valley Homeless Services Program Manager
10210 E Sprague Ave, Spokane County Housing and Community Development
Spokane Valley,WA 99206 1026 W.Broadway Avenue
Phone Number.509-720-5041 Spokane,WA 99260-2052
Email Address:gmantz�r spokanevalley.gov (509))477-4500
crnekinney@spokanecounty.org
7.Subrecipient ID# 8.Original Grant ID# 9.Start Date 10.End Date
25-25452 24-46108-29 01/01/2025 06/30/2025
11.Funding Source
❑Federal ®State ❑Local
12.Assistance Listing Number 13.Assistance Listing Title
N/A N/A
13.Contractor Selection Process: 14.Contractor Type:
(check all that apply or qualify) (check all that apply)
❑Sole Source ❑Private Organization/Individual
❑A/E Services ❑Public Organization/Jurisdiction
®Competitive Bidding ❑VENDOR
❑Pre-approved by Funder ❑Municipality/local government
®Subrecipient
®Non-Profit ❑For-Profit
15.Grant Purpose:The purpose of the Consolidated Homeless Grant(CHG)Funding is to fund homelessness crisis response systems
and to assist people who are experiencing or at risk of homelessness to obtain or maintain housing.
16. IN WITNESS WHEREOF SPOKANE COUNTY and CITY OF SPOKANE VALLEY(CoSV),as identified above,
acknowledge and accept the terms of this Agreement and attachments which are hereby incorporated in and made a
part hereof,and have executed this Agreement as of the date referenced below.This Agreement Face Sheet;Scope of
Work(Exhibit A);Budget(Exhibit A);anal all other documents,exhibits and attachments expressly referenced and
incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and
obligations of the parties to this Agreement No other understandings,oral or otherwise,regarding the subject matter
of this Agreement shall be deemed to exist or to bind any of the parties hereto.
FOR THE GRANTEE: FO COUNTY:
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Signature ure Date Si ature Trace
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Name Namep�� 4 �y ,y
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Title Title
(FACE SHEET)
CHG 24-25452 Subrecipient Agreement •
Page 1 of 36
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County, Washington(hereinafter referred to as the"Board")has the care
of county property and management of county funds and business;and
WHEREAS,pursuant to the provisions of RCW 43.185(c)and the Washington State Session
Laws of 2005 (Chapter 484),the Board of County Commissioners may engage in homeless housing
and assistance programs and in conjunction therewith may contract with non-profit corporations
relating to ;and
WHEREAS, CoSV submitted a request to the Spokane Board of County Commissioners,
wherein it requested that Spokane County provide Two Hundred Twenty-Seven Thousand Four
Hundred Eighty-Six Dollars($227,486)to support COSV Street Outreach Project;and
WHEREAS, the Spokane Board of County Commissioners agreed to fund COSV Street
Outreach Project in the amount of Two Hundred Twenty-Seven Thousand Four Hundred Eighty-Six
Dollars ($227,486)subject to certain terms and conditions;
NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter,
the PARTIES hereto agree as follows:
1. PERIOD OF PERFORMANCE
1.1. Contingent on the receipt of a notice to proceed from HCD, this Agreement shall
be effective January 1,2025 and shall be completed no later than June 30, 2025
hereinafter referred to as the Project Period.
1.2. 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 Housing& Community Development(HCD).
2. PURPOSE
2.1. The purpose of this Agreement is the funding and completion of the project(s)
identified as the Consolidated Homeless Grant(CHG), hereinafter referred to as
the"Project",which is a project funded through the Washington State Department
of Commerce (DOC).
3. AGREEMENT AND EXHIBITS
3.1. This Agreement shall consist of this Grant Agreement and all exhibits(Exhibits A
through F)that are referred to herein. 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.
3.2. The Subrecipient agrees to provide the services set forth herein and provide the
required reporting of its contractual duties in a manner consistent with this
Agreement,the applicable sections of DOC/HCD Agreement attached as Exhibit
F, and generally accepted practices.
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3.3. The Subrecipient agrees to not hold the State of Washington or the DOC liable for
claims or damages arising from the Subrecipient's performance of this contract.
4. SCOPE OF SERVICES
4.1. The Subrecipient will plan, administer, and implement the Project as described in
the Scope of Work, attached hereto as Exhibit A and incorporated herein by
reference as though fully set forth.
4.2. The Subrecipient shall adhere to the agreed upon budgets, schedules, and
commitments. Current Department of Commerce CHG Guidelines shall be
reviewed and adhered to as required by contract; current guidelines can be located
on DOC's website: https://www.commerce.wa.gov/serving-
communities/homelessness/consolidated-homeless-grant/.
5. REIMBURSEMENT AND FUNDING
5.1. CHG funds will provide Two Hundred Twenty-Seven Thousand Four Hundred
Eighty-Six Dollars ($227,486)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 the Subrecipient of all actual allowable costs pursuant to this Agreement shall
be retained by HCD.
5.1.1. Under normal circumstances, reimbursement requests should be reviewed,
approved and paid by the COUNTY within 30 business days of receipt.
5.2. The Subrecipient must abide by the limitations outlined in the Scope of Work,
Exhibit A, for the allowable and unallowable uses of funds under this program.
5.3. Requests for Reimbursement
5.3.1. 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 attached budget, Exhibit A.
Requests for reimbursement must be accompanied by documentation
substantiating eligibility of costs for which reimbursement is requested.
The Subrecipient shall submit the final requests for reimbursement not
later than thirty (30)days after this expiration of 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.
5.3.2. 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 HCD, unless previously approved by HCD and subject to
this Agreement being signed by all parties.
5.3.3. Only those budget line items that appear in the budget section of Exhibit A
will be considered for reimbursement.
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5.3.4. All funds obligated or committed by the Subrecipient to contractors,
suppliers, etc. during the Project Period must be expended on or before
June 30,2025 CHG funds.
5.3.5. Invoices are due no later than the 60th day after the last day of the month
to which the invoice pertains. If the Subrecipient fails to submit an invoice
within this timeframe without a reasonable explanation, then HCD may
withhold payment.
5.3.5.1. Invoice, Voucher Detail Worksheet for Reimbursement, and
General Ledger Documentation must be submitted through the
Neighborly Software Reporting Module.
5.4. Budgeting.
5.4.1. RCWs 36.22.250 and 43.185 shall apply to the Agreement and to all funds
disbursed hereunder. Except as noted in the Agreement, costs are
reimbursable under Washington State Fiscal/Program Requirements
(formerly the Budgeting Accounting Reporting System (BARS) manual),
including all supplements and revisions thereto, prescribed by the
Washington State Auditor's Office.
5.4.2. All budget revisions must be requested in writing and approved by HCD
in writing. The detailed budget form submitted upon application to deliver
services for this contract shall be used when requesting revisions and will
include a column for the original budget and a column clearly denoting the
newly revised and requested budget.
5.5. Recovery of Overpayment to the Subrecipient. The Subrecipient shall not be
reimbursed more than the amount of the allowable costs of performance of this
Agreement. When the Subrecipient, HCD, or any other state or federal agency
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, HCD shall
recoup those payments, together with interest, from what would otherwise be
HCD's liability under this Agreement. If the Subrecipient receives a notice of
overpayment, which HCD 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.
5.6. Fiscal Management
5.6.1. 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.
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5.6.1.1. Grantee shall establish written Accounting and Internal Control
Policies and Procedures, including cost allocation plan and
supporting documentation used to arrive at rate/costs if applicable.
5.6.2. The Subrecipient shall ensure that the Project is managed in the most cost
effective and efficient manner possible.
5.6.3. The Subrecipient's financial management system at a minimum shall:
5.6.3.1. Be a v able, single organizational entity capable of effective and
efficie t processing of all of the fiscal matters, including proof of
adequ to protection against insolvency;
5.6.3.2. Have the ability to pay for all expenses incurred during the
Agreement period, including services that have been provided
under the Agreement but paid after the Project period; and
5.6.3.3. Include source documentation in support of allowable actual costs
necessary to indicate costs incurred by the Subrecipient directly
relating to the cost identified in the Budget.
5.7. Payment made under this Agreement is intended by both the Subrecipient and
HCD to be inclusive of all services provided under this Agreement, and
constitutes HCD's only financial obligation under the Agreement irrespective of
whether the cost to the Subrecipient of providing services exceeds that obligation.
6. AUDIT REQUIREME TS
6.1. Independent Audit C mpliance.
6.1.1. If the Subreci Tent receives more than One Hundred Thousand Dollars
($100,000.00), the Subrecipient shall have an annual independent fiscal
audit conducted of its financial statement and condition, regarding the
performance of the Agreement, readily delineating HCD funds.
6.1.1.1. The Subrecipient shall submit its audit report, including any
"Management Letter"and/or all other correspondences referred to
in the audit report, along with the Subrecipients' response to the
audit and corrective action plan, if any, no later than six(6)months
after the end of the Subrecipient's fiscal year. The Subrecipient
hereby consents to the review of the independent auditor's working
papers, upon request by HCD.
6.1.1.2. Failure to engage auditors and provide proof of such engagement
shall be considered contractual non-performance and can result in
correction action and withholding of payment.
6.1.1.3. If, under separate agreement,the Subrecipient is required to
provide a Code of Federal Regulations (CFR)2 CFR Part 200
audit, annual independent audit,that at a minimum meet the
requirements of the Agreement,then the compliance with the other
CHG 24-25452 Subrecipient Agreement
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separate agreement will also serve as compliance with the
Agreement, provided that said audit is forwarded to HCD.
6.2. Single Audit Compliance. If the Subrecipient is a sub recipient and expends
Seven Hundred Fifty Thousand Dollars ($750,000.00)or more in federal awards
from all sources in an fiscal year,the Subrecipient shall procure and pay for a
single audit or a prog am-specific audit for that fiscal year, Exhibit C attached
hereto and incorporat d herein by reference. Upon completion of each audit, the
Subrecipient shall:
6.2.1. Submit its audit report, including any"Management Letter"and/or all
other correspondences referred to in the audit report, along with the
Subrecipient's response to the audit and corrective action plan, if any, no
later than six(6)months after the end of the Subrecipient's fiscal year.
The Subrecipient hereby consents to HCD review of the independent
auditor's working papers, upon request by HCD;
6.2.2. Submit to the HCD contact person, listed on the cover page of this
Agreement, the data collection form and reporting package specified in 2
CFR Part 200, Subpart F, reports required by the program-specific audit
guide(if applicable), and a copy of any management letters issued by the
auditor; and
6.2.3. Follow-up and develop corrective action for all audit findings in
accordance with 2 CFR Part 200, Subpart F, and prepare a"Summary
Schedule of Prior Audit Findings,"reporting the status of all audit findings
included in the prior audit schedule of findings and questioned costs.
7. FRAUD AND ABUSE
7.1. The Subrecipient shall establish, maintain and utilize internal systems and
procedures sufficient to prevent, detect and correct incidents of waste, fraud and
abuse in the performance of this Agreement and to provide for the proper and
effective management of all Program and fiscal activities by the Agreement.
Subrecipient's internal control systems and all transactions and other significant
events are to be clearly documented and the documentation shall be readily
available for monitoring by HCD.
7.2. The Subrecipient shall give HCD complete access to all of its records, employees
and agents for the purpose of monitoring or investigating the performance of the
Agreement and shall fully cooperate with HCD's efforts to detect, investigate, and
prevent waste, fraud, and abuse.
7.3. The Subrecipient ma not discriminate against any employee or other person who
reports a violation of he terms of this Agreement or of any law or regulation to
HCD or to any appro riate law enforcement authority, if the report is made in
good faith.
8. GENERAL TERMS AND CONDITIONS
CHG 24-25452 Subrecipient Agreement
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8.1. Relationship
8.1.1. The relationship of the Subrecipient to HCD shall be that of an indepen-
dent 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 HCD, 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, 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 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. HCD will provide notice of such
amendment required by this paragraph when HCD is aware of them. The
Subrecipient agrees to accept and execute any and all amendments offered
by HCD needed to effectuate the, RCW, and/or WAC.
8.2.3. Any proposed change(s) in the project scope of service, budget, location,
or the number of beneficiaries served as described in the Subrecipient's
Grant Application and Scope of Work, must be submitted in writing to the
HCD 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.
8.3. Waivers
8.3.1. No employee of HCD or the Subrecipient has the power,right, or
authority to waive any of the terms, conditions, and/or covenants of this
Agreement.
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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 Contract.
8.3.3. The failure of HCD 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 HCD or the Subrecipient to
enforce each and every term of the Agreement.
8.4. Assignability: 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 HCD. HCD may assign
all or any of its interest in this Agreement as may be deemed necessary in the sole
discretion of HCD.
8.5. Exhibits: 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.
8.6. Licensing, Accreditation, and Registration: The Subrecipient shall comply with all
applicable local, state, and federal licensing, accreditation, and registration
requirements or standards necessary for the performance of the work outlined in
Exhibit A Scope of Work, attached hereto and incorporated herein by reference.
8.7. Recapture:
8.7.1. In the event that the Subrecipient fails to perform this Agreement in
accordance with state laws, federal laws, and/or the provisions of this
Agreement, CD reserves the right to recapture funds in an amount to
compensate S OKANE COUNTY for the noncompliance in addition to any
other remedie available at law or in equity.
8.7.2. Repayment b the Subrecipient of funds under this recapture provision shall
occur with th time period specified by HCD. In the alternative, HCD may
recapture such funds from payments due under this Agreement.
9. ACCESS,EXAMINATION,AUDIT,AND MONITORING
9.1. HCD shall provide technical assistance to the Subrecipient, to the extent
practicable.
9.2. HCD will monitor the performance of services and evaluate accomplishments and
compliance with the terms of this Agreement throughout the project period.
Monitoring may include a visit to the project site or to the Subrecipient
organization, reports on monthly or quarterly basis, desk monitoring, assessments,
and process/time studies.
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
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evaluate the services provided for herein. HCD shall provide reasonable
notice of any COUNTY monitoring or evaluation, unless HCD 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.
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. HCD 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 FR 200.331. Substandard performance as determined by
HCD will constitute oncompliance with this agreement. If corrective action is
not taken by the Subrecipient within a reasonable period of time after being
notified by HCD, contract suspension or termination procedures will be initiated
according to Section 10.1.3.
9.4. The Subrecipient shall cooperate with HCD or its agent in the evaluation of the
Subrecipient's performance under this Agreement and make available all
information reasonably required by any such evaluation process. Request for
information will be responded to within three(3)business days and followed
through within ten(10)business days. The results and records of said evaluations
shall be maintained and disclosed in accordance with RCW 42.56 and/or United
States Code (USC) 5 USC 552 (Freedom of Information Act).
9.5. The Subrecipient shall respond timely and accurately to requests from HCD to
provide information necessary to respond to inquiries from entities having
authority to make such request.
9.6. The Subrecipient agrees to notify HCD in advance of any state or other formal
inspections, audits, accreditation or program reviews and provide to HCD 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
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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).
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 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.
11.3. Unauthorized Use or Disclosure: The Subrecipient shall notify HCD 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. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND
LOWER TIER COVERED TRANSACTION
12.1. The Subrecipient, defined as the primary participant and its principal, certifies by
signing these General Terms and Conditions that to the best of its knowledge and
belief that they:
12.1.1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
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or State department or agency;
12.1.2. Have not within a three-year period preceding this Agreement,been convicted
of or had a civil judgement rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public or private agreement or transaction, violation of Federal
or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of
justice;
12.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, state, or local) with commission of any of the
offenses enumerated in paragraph(A)(2)of this section;and
12.1.4. Have not within a three (3) year period preceding the signing of this
Agreement had one or more public transactions (Federal, state, or local)
terminated for cause of default.
12.2. Where the Subrecipient is unable to certify to any of the statements in this
Agreement,the Subrecipient shall attach an explanation to this Agreement.
12.3. The Subrecipient agrees by signing this Agreement that it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended,declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the COUNTY.
12.4. The Subrecipient further agrees by signing this Agreement that it will include the
clause titled"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction,"as follows,without
modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions:
12.5. LOWER TIER COVERED TRANSACTIONS
12.5.1. The lower tier grantee certifies, by signing this Agreement that neither it nor
its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal or State department or agency.
12.5.1. Where the lower tier grantee is unable to certify to any of the statements in
this Agreement,such grantee shall attach an explanation to this Agreement.
12.6. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, person, primary covered transaction, principal, and
voluntarily excluded, as used in this section, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549.
You may contact HCD for assistance in obtaining a copy of these regulations.
13. TERMINATION FOR CONVENIENCE
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13.1. Notwithstanding any provisions of this Agreement,the Subrecipient may terminate
this Agreement by providing written notice of such termination to HCD's Key
Personnel identified on the Face Sheet,specifying the effective date thereof,at least
thirty (30)days prior to such date.
13.2. Except as otherwise provided in this Agreement, COUNTY, in its sole discretion
and in the best interests of COUNTY, may terminate this Agreement in whole or in
part by providing ten (10) calendar days' written notice, beginning on the second
day after mailing to the Subrecipient. Upon notice of termination for convenience,
COUNTY reserves the right to suspend all or part of the Agreement, withhold
further payments,or prohibit the subrecipient from incurring additional obligations
of funds. In the event,of termination,the subrecipient shall be liable for all damages
as authorized by law. The rights and remedies of COUNTY provided for in this
section shall not be exclusive and are in addition to any other rights and remedies
provided by law.
14. TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
14.1. The COUNTY may unilaterally terminate or suspend all or part of this Agreement,
or may reduce its Scope of Work and Budget, if there is a reduction in funds by the
source of those funds, and if such funds are the basis for this Agreement.
SPOKANE COUNTY will email the subrecipient ten (10) business days prior to
termination.
15. TERMINATION OR SUSPENSION FOR CAUSE
15.1. In the event the COUNTY, in its sole discretion, determines the subrecipient has
failed to fulfill in a timely and proper manner its obligations under this Agreement,
is in an unsound financial condition so as to endanger performance hereunder, is in
violation of any laws or regulations that render the subrecipient unable to perform
any aspect of the Agreement, or has violated any of the covenants, agreements or
stipulations of this Agreement,the COUNTY has the right to immediately suspend
or terminate this Agrement in whole or in part.
15.2. The COUNTY may notify the subrecipient in writing of the need to take corrective
action and provide a period of time in which to cure.The COUNTY is not required
to allow the subrecipient an opportunity to cure if it is not feasible as determined
solely within the COUNTY's discretion. Any time allowed for cure shall not
diminish or eliminate the Subrecipient's liability for damages or otherwise affect
any other remedies available to COUNTY. If the COUNTY allows the subrecipient
an opportunity to cure,the COUNTY shall notify the Subrecipient in writing of the
need to take corrective action. If the corrective action is not taken within ten (10)
calendar days or as otherwise specified by the COUNTY, or if such corrective
action is deemed by the COUNTY to be insufficient, the Agreement may be
terminated in whole or in part.
15.3. The COUNTY reserves the right to suspend all or part of the Agreement, withhold
further payments,or prohibit the Subrecipient from incurring additional obligations
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of funds during investigation of the alleged compliance breach, pending corrective
action by the subrecipient, if allowed, or pending a decision by COUNTY to
terminate the Agreement in whole or in part.
15.4. In the event of termination, the subrecipient shall be liable for all damages as
authorized by law, including, but not limited to, any cost difference between the
original Agreement and the replacement or cover Agreement and all administrative
costs directly related to the replacement Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff
time. The rights and remedies of the COUNTY provided for in this section shall
not be exclusive and are in addition to any other rights and remedies provided by
law.
15.5. If it is determined that the subrecipient: (1) was not in default or material breach,
or (2) failure to perform was outside of the subrecipient's control, fault or
negligence, the termination shall be deemed to be a "Termination for
Convenience".
16. TERMINATION PROCEDURES
16.1. In addition to the procedures set forth below, if the COUNTY terminates this
Agreement, the subrecipient shall follow any procedures specified in the
termination notice.Upon termination of this Agreement and in addition to any other
rights provided in this Agreement, the COUNTY may require the Subrecipient to
deliver to the COUNTY any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
16.2. If the termination is for convenience, the COUNTY shall pay to the Subrecipient
an agreed upon price, if separately stated, for properly authorized and completed
work and services rendered or goods delivered to and accepted by COUNTY prior
to the effective date of Agreement termination, the amount agreed upon by the
Subrecipient and the COUNTY for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially
completed work and services and/or equipment or supplies provided which are
accepted by the COUNTY, (iii)other work, services and/or equipment or supplies
and services which are accepted by the COUNTY, and (iv) the protection and
preservation of property.
16.3. Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Agreement. If the termination is for cause,the COUNTY
shall determine the extent of the liability of the COUNTY. The COUNTY shall
have no other obligation to the Subrecipient for termination. The COUNTY may
g P
withhold from any amounts due the Subrecipient such sum as the COUNTY
determines to be necessary to protect the COUNTY against potential loss or
liability.
16.4. The rights and remedies of the COUNTY provided in this Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.
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16.5. After receipt of a notice of termination, and except as otherwise directed by the
COUNTY in writing, the Subrecipient shall:
16.5.1. Stop work under the Agreement on the date, and to the extent specified, in
the notice;
16.5.2. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Agreement except as may be
necessary for completion of such portion of the work under the Agreement
as is not terminated;
16.5.3. Assign to the COUNTY, in the manner, at the times, and to the extent
directed by the COUNTY, all of the rights, title, and interest of the
Subrecipient under the orders and sub-contracts 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;
16.5.4. Settle all outstanding liabilities and all claims arising out of such
termination of orders and sub-contracts, with the approval or ratification of
the COUNTY to the extent the COUNTY may require, which approval or
ratification shall be final for all the purposes of this clause;
16.5.5. Transfer title to the COUNTY and deliver in the manner, at the times, and
to the extent directed by the COUNTY any property which, if the
Agreement had been completed, would have been required to be furnished
to the COUNTY;
16.5.6. Complete performance of such part of the work as shall not have been
terminated by the COUNTY in compliance with all contractual
requirements; and
16.5.7. Take such action as may be necessary, or as the COUNTY may require, for
the protection and preservation of the property related to this Agreement
which is in the possession of the Subrecipient and in which the COUNTY
has or may acquire an interest.
17. REMEDIES FOR NON-COMPLIANCE
17.1. The suspension process may include, but is not required to include, the following
steps:
17.1.1. When an issue involving non-performance or insufficient performance
arises, HCD 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 HCD to
help the Subrecipient successfully conduct the activity.
17.1.2. If informal discussion does not result in improved performance, HCD 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
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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.
17.1.3. If the Subrecipient fails to improve the performance problem area, the
Subrecipient will be notified by HCD in writing, that the Agreement is
suspended. CHG funds may not be expended for any activities that have
been suspended.
17.1.4. 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 HCD's discretion,depending upon the performance issue).
17.1.5. Suspension will only be lifted by HCD upon Subrecipient's correction of
the deficient performance to HCD's satisfaction as evidenced by a written
release from HCD.
18. DISPUTE RESOLUTION
18.1. Except as otherwise provided in this Agreement, when a bona fide dispute arises
between the Parties and it cannot be resolved through discussion and negotiation,
either party may request a dispute resolution panel to resolve the dispute. For the
purpose of this Agreement, disputes shall not include the following: 1) failure to
fulfill in a timely and proper manner the obligations contain within this
Agreement, 2) financial insolvency or in a financial condition so as to endanger
the performance contained within the Agreement or 3)violation of any laws or
regulations that renders the Subrecipient unable to perform any aspect of the
Agreement. A request for a dispute resolution panel shall be in writing, shall state
the disputed issue(s), shall state the relative positions of the Parties and shall be
sent to all Parties. The panel shall consist of a representative appointed by the
COUNTY, a representative by the Subrecipient and a third party mutually agreed
upon by both Parties, who shall be a member in good standing of the Washington
State Bar Association with a minimum of ten (10)years'relevant experience. In
the event that the Parties are unable to reach agreement on the third panel member
the dispute over such member the appointment issue shall be submitted to the
Spokane County Superior Court whom shall have the authority to appoint any
person as the third panel member with relevant experience and licensure as set
forth above. The panel shall by majority vote, resolve the dispute. Each party shall
bear the cost for its panel member and its own attorney fees and costs and share
equally the cost of the third panel member. The decision of the Panel shall be
final and binding upon the Parties. The Panel shall be governed by the duly
promulgated rules and regulations of the American Arbitration Association or its
successor, and RCW .04A. The situs of any proceeding before the panel shall
occur in Spokane County, Washington. The decision of the panel may be entered
as a judgment in any court of the State of Washington or elsewhere.
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19. SEVERABILITY
19.1. The provisions of this Agreement are intended to be severable. If any term or
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.
20. MAINTENANCE AND RETENTION OF RECORDS AND REPORTS
20.1. The Subrecipient shall maintain such program records as may be required by
applicable federal, state and HCD regulations, all of which are incorporated
herein by reference.
20.2. Records Maintenance
20.2.1. The Subrecipient shall maintain books, records, documents, data and other
evidence relating to this contract and performance of the services
described herein, including but not limited to accounting procedures and
practices that sufficiently and properly reflect all direct and indirect costs
of any nature expended in the performance of this contract.
20.2.2. The Contractor shall retain such records for a period of six years following
the date of final payment. At no additional cost, these records, including
materials generated under the contract, shall be subject at all reasonable
times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE,the Office of the State Auditor, and federal
and state officials so authorized by law, regulation or agreement.
20.2.3. If any litigation, claim or audit is started before the expiration of the six
(6)year period,the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
20.3. Records Retention
20.3.1. During the term of this Agreement and for six(6)years following
termination or expiration of this Agreement. 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.
20.3.2. The Subrecipient shall maintain records sufficient to:
20.3.2.1. Document performance of all acts required by law, regulation, or
this Agreement;
20.3.2.2. Substantiate the Subrecipient's statement of its organization's
structure, tax status, capabilities, and performance; and
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20.3.2.3. Demonstrate the accounting procedures, practices, and records that
sufficiently and properly document the Subrecipient's invoices to
HCD and all expenditures made by the Subrecipient to perform as
required by this Agreement.
20.3.3. The Subrecipient shall maintain books, records, documents, and other
materials relevant to this Agreement which sufficiently and properly
reflect all payments made.
20.3.4. Project shall include evidence of benefit to homeless persons, persons at
risk of homelessness and extremely low income, description of the work,
financial records (source and use of funds, authorization to expend funds,
obligations, unobligated balance, assets, liabilities, outlays and income),
property acquisition, fair housing, equal opportunity, property disposition,
etc. The public shall be granted reasonable access to all "public records"
pursuant to RCW 42.56 and/or 5 USC 552.
21. PROCUREMENT AND SUBCONTRACTS
21.1. No part of this agreement may be assigned or subcontracted without the written
consent of HCD, which consent, if given at all, shall be at HCD's sole discretion
and judgment.
21.2. All procurement actions and subcontracts shall be in accordance with applicable
State law relating to contracting by public agencies. For procurement actions
requiring a written contract, the Subrecipient may, upon HCD'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 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 or State program.
21.3. 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, and acknowledge that the County is relying upon this declaration in
entering into the Agreement.
21.4. 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 CHG funds being disbursed.The
Subrecipient will use the System for Award Management(SAM), to perform such
debarment and suspelnsion checks. The website is: http://www.sam.gov and the
Office of the Inspector General (OIG)Exclusions Database.
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21.5. The Subrecipient shall consult with HCD 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.
22. REPORTING
22.1. At a minimum,the Subrecipient shall use the City of Spokane's Community
Management Information System (CMIS)to the extent required by the
Department of Commerce, unless otherwise approved by the funder.
22.1.1. Draw submittals shall be through Neighborly software and shall include
all related supporting documentation.
22.2. All reports unless otherwise specifically noted are be due by the 15th of each
month and will contain data obtained during the preceding month, or other
indicated reporting period. Any reports provided by the Subrecipient may be
forwarded to the Spokane Board of County Commissioners and the Housing and
Community Development Advisory Committee to document performance.
22.3. Additional reports may be requested from the Subrecipient, if necessary,to
comply with federal requirements.
22.5. Accurate and timely input and maintenance of data in an approved HMIS (CMIS)
is a condition of funding, and is subject to monitoring by HCD staff.
22.6. Reimbursement for project costs incurred will be contingent upon
submission of CMIS data and requested reports(when applicable).
22.7 By signature of this Agreement,the subrecipient certifies its consent to allow
COUNTY access of all information entered on behalf of CHG-funded project(s)
in accordance with RCW 43.185C.180.
23. INDEMNIFICATION AND INSURANCE
23.1. Indemnification
23.1.1. The Subrecipient is an independent contractor and not the agent or
employee of SPOKANE COUNTY.No liability shall attach to SPOKANE
COUNTY for entering into this contract or because of any act or omission
of the Subrecipient except as expressly provided.
23.1.2. The Subrecipient agrees to defend, indemnify and hold SPOKANE
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 SPOKANE 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
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SPOKANE COUNTY,their agents or employees. The Subrecipient's duty
to defend, indemnify and hold SPOKANE 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 of(a)SPOKANE
COUNTY or Consultant, their agents or employees, and(b)Subrecipient,
its agents or employees shall apply only to the extent of negligence of the
Subrecipient or its agents or employees. The Subrecipient's duty to defend,
indemnify and hold SPOKANE COUNTY harmless shall include, as to all
claims, demands, losses and liability to which it applies, SPOKANE
COUNTY's personnel-related costs, reasonable attorney's fees, court costs
and all other claim-related expenses.
23.1.3. 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.
23.1.4. The Subrecipient further agrees that this duty to indemnify Spokane
County applies regardless of any provisions in RCW Title 51 to the
contrary, including but not limited to any immunity of the Subrecipient for
liability for injuries to the Subrecipient's workers and employees, and the
Subrecipient hereby waives any such immunity for the purpose of this
duty to indemnify SPOKANE COUNTY.
23.1.5. SPOKANE 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.
23.2. Insurance
23.2.I. The Subrecipient shall furnish and maintain all insurances as required
herein and comply with all limits,terms and conditions stipulated therein,
at their expense, for the duration of the Agreement. Following is a list of
requirements for this Agreement. Any exclusions that may restrict
required coverage must be pre-approved by the Spokane County Risk
Management Department. Work under this Agreement shall not
commence until evidence of all required insurance,policy endorsement,
and bonding is provided to SPOKANE COUNTY. The Subrecipient's
insurer shall have a minimum A.M. Best's rating of A-VII 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 department with whom the Agreement is executed. The
insurance policy or policies will not be cancelled, materially changes or
•
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altered without forty-five (45)days' prior notice submitted to the
department with whom the Agreement is executed. The policy shall be
endorsed and the certificate shall reflect that SPOKANE COUNTY is an
additional named insured on the Subrecipient's general liability policy
with respect to activities under the Agreement. 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.
23.2.1.1. Evidence of Self-insurance by a governmental entity is sufficient
to meet the insurance requirements in this section.
23.2.2. 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 SPOKANE COUNTY shall be excess and not
contributory insurance to that provided by the Subrecipient.
23.2.3. 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.
23.2.4. 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 SPOKANE COUNTY's discretion.
Alternatively, SPOKANE 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). SPOKANE COUNTY may offset
the cost of such insurance against payment due to the Subrecipient under
the Agreement.
23.2.5. Providing coverage in the amounts listed shall not be construed to relieve
the Subrecipient from liability in excess of such amounts.
23.2.6. REQUIRED(OVERAGE: The insurance shall provide the minimum
coverage as set forth below:
23.2.6.1. General Liability Insurance: The Subrecipient shall carry, for the
duration of this Agreement, Commercial General Liability
Insurance in the amount of One Million Dollars($1,000,000.00);
Sub-recipient Insurance policy deductibles that exceed$25,000
require written proof from the contractor of the company's
financial strength to support potential liability losses within their
deductible.; General Aggregate Two Million Dollars
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($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.
23.2.6.2. 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, it's Officers, Agents and Employees are Named
Additional Insured."
23.2.6.3. 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 the terms
of this Agreement. 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.
23.2.6.4. Workers Compensation: When the Subrecipient has employees of
the company, the Subrecipient shall carry Worker's Compensation
Industrial Injury Insurance Coverage and which must be effective
in Washington. Proof of insurance shall be reflected on the
Subrecipient's Certificate of Insurance or by providing the
Subrecipient's State Industrial Account Identification Number.
23.2.6.5. 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; Three
Million Dollars ($3,000,000.00)aggregate covering Spokane
County.
23.3. Waiver of Subrogation. HCD 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 HCD, 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. The Subrecipient shall
cause each insurance policy obtained by it to contain this waiver of subrogation
clause. If the Subrecipient is insured through a member-owned risk pool (such as
the Washington Cities Insurance Authority),then the Subrecipient shall request
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the risk pool to waive subrogation rights, but refusal by the risk pool shall not
constitute a breach of this Agreement or require further action by Subrecipient.
24. CONFLICT OF INTEREST
24.1. No officer or employee or governing body member of the COUNTY or the
Subrecipient exercising any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or
interest, direct or indirect, in any contract, subcontract, or the proceeds thereof,
for work to be performed in connection with the project assisted under this
Agreement.
24.2. The COUNTY may, in its sole discretion, by written notice to the Subrecipient
terminate this Agreement if it is found after due notice and examination by the
COUNTY that there is a violation of the Conflict-of-Interest provisions contained
within this Agreement.
24.3. In the event this Agreement is terminated as provided in this conflict-of-interest
clause,the COUNTY shall be entitled to pursue the same remedies against the
Subrecipient as it could pursue in the event of a breach of the Agreement by the
Subrecipient. The rights and remedies of the COUNTY provided for in this clause
shall not be exclusive and are in addition to any other rights and remedies
provided by law. The existence of facts upon which the COUNTY makes any
determination under this clause shall be an issue and may be reviewed as provided
in the"Disputes"clause of this Agreement..
25. POLITICAL ACTIVITY AND LOBBYING
25.1. 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.
25.2. Pursuant to Section 1352,title 31, U.S.Code,subrecipient lobbying activity funded
by other than federally appropriated funds, shall be reported.
25.3. 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.
26. ORDER OF PRECEDENCE
26.1. 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.
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26.2. 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:
26.2.1. Applicable State Statutes and Regulations;
26.2.2. Commerce Contract No.: 24-46108-29; and
26.2.3. Express terms of this Agreement and any amendments.
27. JURISDICTION
27.1. This Agreement shall be construed and enforced in accordance with, and the validity
and performance shall be governed by the laws of the state of Washington.Venue of
any suit between the Parties arising out of this Agreement shall be the Superior
Court of Spokane County, Washington. The Subrecipient,by execution of this
Agreement, acknowledges the jurisdiction of the courts of the State of Washington.
28. TREATMENT OF ASSETS
28.1. 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.
28.1.1. 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.
28.1.2. 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.
28.1.3. 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.
28.1.3. The Subrecipient shall surrender to the COUNTY all property of the
COUNTY prior to settlement upon completion,termination or cancellation
of this contract.
28.2. All reference to the Subrecipient under this clause shall also include the
Subrecipient's employees, agents or Subcontractors.
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29. PROPRIETARY RIGHTS
29.1. Unless otherwise provided, all Materials produced under this Contract shall be
considered "works for hire" as defined by the U.S. Copyright Act and shall be
owned by the COUNTY. The COUNTY shall be considered the author of such
Materials. In the event the Materials are not considered "works for hire" under the
U.S. Copyright laws, the Subrecipient hereby irrevocably assigns all right,title,
and interest in all Materials, including all intellectual property rights, moral rights,
and rights of publicity to the COUNTY effective from the moment of creation of
such Materials.
29.2. "Materials" means all items in any format and includes,but is not limited to, data,
reports, documents, pamphlets, advertisements, books, magazines, surveys,
studies, computer programs, films,tapes, and/or sound reproductions.
"Ownership" includes the right to copyright, patent,register and the ability to
transfer these rights.
29.3. For Materials that are delivered under the Contract, but that incorporate pre-
existing materials not produced under the Contract,the Subrecipient hereby grants
to the COUNTY a nonexclusive,royalty-free, irrevocable license (with rights to
sublicense to others) in such Materials to translate,reproduce, distribute, prepare
derivative works, publicly perform, and publicly display. The Subrecipient
warrants and represents that the Subrecipient has all rights and permissions,
including intellectual property rights, moral rights and rights of publicity,
necessary to grant such a license to the COUNTY.
29.4. The Subrecipient shall exert all reasonable effort to advise the COUNTY, at the
time of delivery of Materials furnished under this Contract, of all known or
potential invasions of privacy contained therein and of any portion of such
document which was not produced in the performance of this Contract. The
Subrecipient shall provide the COUNTY with prompt written notice of each
notice or claim of infringement received by the Subrecipient with respect to any
Materials delivered under this Contract. The COUNTY shall have the right to
modify or remove any restrictive markings placed upon the Materials by the
Subrecipient..
30. MISCELLANEOUS
30.1. Further Documentation. The Subrecipient agrees to execute, acknowledge, and
deliver upon reasonable request by HCD any document,which HCD reasonably
deems necessary or desirable to evidence or effectuate the rights herein conferred
or to implement or consummate the purposes and intents hereof.
30.2. Headings. The headings are for convenience only and do not in any way limit or
affect the terms and provisions hereof.
30.3. 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
CHG 24-25452 Subrecipient Agreement
Page 24 of 36
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.
30.4. Time of Essence. Time is of the essence of this Agreement.
30.5. 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.
CHG 24-25452 Subrecipient Agreement
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EXHIBIT A
2024 Homeless Services Scope of Work
Organization: City of Spokane Valley
Request: $227,486.00
Award: $227,486.00
Funding Source: Consolidated Homeless Grant—Standard
Project/Activity(s): Outreach
Period of Performance: 1/1/2025—6/30/2025
Scope of Work(Allowable Activities)
The City of Spokane Valley(CoSV)will use CHG funds to meet and track required client outcomes for the street outreach intervention.
CoSV street outreach program will be sub-awarded to a contractor and SVPD to engage in the funded activity aligning with CoSV outreach
model.CHG funds will maintain two full-time outreach employees(2 FTE)with the contractor,and an SVPD deputy.
Estimated Unduplicated Beneficiaries: Funded Beds
100 N/A
Operating Costs—Contracted Outreach Team
2.5 FTE Personnel Costs(salaries,benefits,taxes) $90,000.
Office Space 1,229
Utilities
Supplies $783
Phone $463
Internet $-
Training $170
Equipment $-
Travel 5-
Other $171
Indirect 21%of total contract 22,226.
Subtotal Operating Costs: 115,041.00
Administrative Costs—City of Spokane Valley-SVPD
SVPD Outreach Deputies personnel(Salaries.Benefits) $100,000.
Fees
General Facilities Costs 5-
Other
Subtotal Administrative Costs: $100,000.00
Rent Costs
Direct Participant Support $-
Subtotal Rent Costs: $-
Facility or Program Support
Lease/Rent $-
Maintenance $1,789
Security/Janitorial 5-
Equipment 5-
Management Costs—Professional Fees $218
Transportation $709
Other—Discretionary Clierpt support 9,728.86
Subtotal Facility Support Costs: $12,444.00
TOTAL PROJECT COST: $227,486.00
CHG 24-25452 Subrecipient Agreement
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EXHIBIT B
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 III 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 III
of the ADA, but certain HUD recipients and private entities operating housing and
community development programs are covered by Title III 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 III 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 � J-
(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.
CHG 24-25452 Subrecipient Agreement
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(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.
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 101___
(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: L
(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
CHG 24-25452 Subrecipient Agreement
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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 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.
CHG 24-25452 Subrecipient Agreement
Page 29 of 36
(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
CHG 24-25452 Subrecipient Agreement
Page 30 of 36
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;
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 -?card-,, ,.y..-moo_ Date: f-7"25
CHG 24-25452 Subrecipient Agreement
Page 31 of 36
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
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 awarding 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.
(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 contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents of all sub-awards at all tiers(including subcontracts, sub-grants,
and contracts under grants, loans, and cooperative agreements)and that all sub-
recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352,title 31, United States
Code. 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: c
Street Address: W p `J
City, State,Zip: ,/ �/\ `
�p.✓ I��.�q.✓ c --y
Certified by: (Print Name) Title
/-7-2
Signature Date
CHG 24-25452 Subrecipient Agreement
Page 32 of 36
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
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 awarding 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.
(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 contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents of all sub-awards at all tiers(including subcontracts, sub-grants,
and contracts under grants, loans, and cooperative agreements) and that all sub-
recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, United States
Code. 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:
Street Address: l 0 W £ 7l
City, State,Zip: WA "t l
Certified by: (Print Name) Title
—7-a
Sig ture Date
CHG 24-25452 Subrecipient Agreement
Page 32 of 36
EXHIBIT D
2 CFR PART 200 SUBPART F AUDIT CERTIFICATION FORM
Audits of States, Local Governments, Indian Tribes and Non-Profit Organizations
Contact Information
Subrecipient Name: o f
Authorized Chief Financial Icer: Wa,lA-S
Address: (,tom I O i.(�. >`� y'C • • ctv
Phone# '
Email: bivt. 1x, 1�Vzl• ay s; ' "-1 -G
Purpose: As a pass-through entity of federal grant funds, SPOKAgE COUNTY 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 SPOKANE
COUNTY because it is a non-federal entity that expends federal grant funds received from SPOKANE COUNTY 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 grant
agreement and every fiscal year thereafter until the grant agreement is closed.Failure to return this completed Audit Certification Form may result in delay
of grant agreement processing,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 requirements of 2 CFR Part 200 Subpart F because(check all that apply):
la We did not expend$750,000 or more of total federal awards during the fiscal year.
13 We are a for-profit agency.
13 We are exempt for other reasons(describe):
laws and regulations governingtheprogram(s)in which we
still to the audit requirements, gu
However,by signing below,I agree that we are subjectq
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 SPOKANE COUNTY 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 requirements of 2 CFR Part 200 Subpart F
Complete the information below and check the appropriate box) „p •
II' e completed our last 2 CFR Part 200 Subpart F Audit on[enter date] -I / r , *Al Fiscal Year ending[enter date ].There
were no findings related to federal awards from SPOKANE COUNTY. o foiliw-up action is required by SPOKANE COUNTY as the pass-
through entity.A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is
either provided electronically to the SPOKANE COL NTY Office of Financial Assistance,is enclosed or is available online at:
httn://www: 4"/
tE] We completed ou last 2 CFR Part 200 Swart 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,is either provided
electronically to the SPOKANE COUNTY Office of Financial Assistance,is enclosed or is available online at:
http://www:
ID Our completed 2 CFR Part 200 Subpart F Audit will be available on[enter date] for Fiscal Year ending[enter date]
.We will forward a copy of the audit report to SPOKANE COUNTY Office of Financial Assistance at that time or provide
the state auditor report number:
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 grant funds from SPOKANE COUNTY until the grant agreement
contract is closed.
Signature of Authorized Financial Official: �` � Date: /—7 zS
Print Name&Title: ?bfl.v ffoN,,,,�,,� c 'Ty .•ori„..-7460.
CHG 24-25452 Subrecipient Agreement
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EXHIBIT E
DEBARMENT,SUSPENSION,INELIGIBILITY OR VOLUNTARY EXCLUSION CERTIFICATION FORM
NAME CAorreika"tsz....„, DC�oing businqi s n`U"�`", Federal Employer ADDRESS Applicable WA Uniform Tax
f 0 Ecurement or Business Identification#:
99, Solicitation#, if any: Identifier(UBI)
662 l31 I - 1411 7o
This certification is su mitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension,Ineligibility and Voluntary
Exclusion—Lower Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require
contractors and bidders to sign and abide by the terms of this certification,without modification, in order
to participate in certain transactions directly or indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government the department or agency with which
this transaction originated may pursue available remedies,including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction,principal,proposal, and voluntarily excluded, as used in this clause,have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person
to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for
debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to,check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause.The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CHG 24-25452 Subrecipient Agreement
Page 34 of 36
CFR,suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transaction
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification,such prospective participant shall attach
an explanation to this form.
Contractor Signature: / Date: / —7-ZJ'
Print Name and Title: -?64+.1. /161-t.• e i r'Y w14, ;4G!z
CHG 24-25452 Subrecipient Agreement
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EXHIBIT F
COMMERCE AGREEMENT 23-46108-29
Attached as a separate document
CHG 24-25452 Subrecipient Agreement
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