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HomeMy WebLinkAbout021312_ca01 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: FROM: Board of County Commissioners Aimee Campbell, Chief Accountant, -r:J/{) DATE: February 13, 2012 RE: AMENDEMENT #2 of SubrecIPlent Aareement for CDBG Public Services between Jefferson County and Olympic Community Action Programs (OlyCap) for the CDSG grant period of July 1, 2011-June30, 2012 (as amended) STATEMENT OF ISSUE: Jefferson County entered into the original agreement with Olympic Community Action Programs for lhls grant period on September 6, 2011. Subsequent to that, an amendment was executed on November 7, 2011, ,to change the spectllc OlyCap programs which would be funded by CDSG and the way that the funds would be distributed between those programs. On December 22, 2011, the WA State Department of Commerce amended its contract with Jefferson County to extend the grant period from 07/01/11-12/31/11 to 07101/11-06130/12 and to double the amount of funding that would be available during the extended grant period. As a rasult of that amendment, tt is now necessary for Jefferson County to execute a second amendment In order to change the terms of tis Subreclplent Agreament with OlyCap to match those of tis contract with the Stale. FISCAL IMPACT: The amount of funding has been doubled for both the County and Its Subreclplent OlyCap, as follows: OrIaInalContract&l"_ 2'" Ainendment Jefferson county Olympic Commurtlly AclJcn programs 1,500.00 3,000,00 69.974.00 139,946.00 RECOMMENDATION: It Is my reCQmmendation that the Board of County Commissioners approves end signs this amendment REVIEWED BY: .' UCj/lo Date ~4 ~, Amendment No.2 Subreclplent Agreement for COBG Public Services Between Jefferson County and Olympic Community Action Programs WHEREAS, Jefferson County (the Local Government) and Olympic Community Action Programs (the Subrecipient) entered into ail agreement on September 6, 2011 for public services funded by the state Community Development Block Grant (COBG) Program. AND WHEREAS, the parties amended that agreement on November 7, 2011. AND WHEREAS, the County has since been notified that its COBG grant funding has been incraased and the original time period extended by six months. AND WHEREAS, the parties now desire to amend the terms of all previous agreements. NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Time of Performance specified in the original contract is amended to be July 1, 2011 to June 30, 2012. 2. The amount of funding available to reimburse the Subrecipient for services randered during the term of this contract amendment is increased by $69,974. 3. The totaJ amount to be reimbursed by the Local Government to the Subrecipient shall not exceed the sum of $139,948. 4. Atlachment No.1: Scope of Work, attached, supersedes all previous scope of work documents. 5. Atlachment No.2: Budget atlached, supersedes all previous budgets. 6. All other terms and conditions of previous agreements shall remain the same. Dated this day of .2012. . By: John Austin, Chairman Jefferson County Board of County Commissioners Approved as to form only: , 'lIt }12. fflea Br.J~~ Olympic Community Action Programs Dele 2j~1 C2-- ..... .:./- ATTACHMENT NO.1-SCOPE OF WORK (200 Amendment) A. Service Proarams NOTE: Ust th$ Specific public serviee actMties from the CDBG application's Project Description & LoW' and Moderate-Income Benefit Table, orraferanca the public servlca actMties found in this application table. Emergency Services . Energy Assistance Encorel Senior Nutrition Education Jobs S. Periodic Reoorts 1. Public SeNices Contract Quarterlv BeneficiaN ReDOrtlna Form (copy attached; provided by the Department of Commerce) with data on the use of COSG funds, including the number of: . Persons served; . Low- and moderate-income parsons served; . Persons with new access to a service; and, . Persons ,with increasedlimproved accesS to a service. 2. No more than monthly and no less than quarterly, A-19 Invoice Vouchers with a written narrative report on the services and expenditures funded by COBG as back-up documentation ,of the COSG reimbursement payment request. C. Local Government OVersiaht Plan 1. Review and approval authority for each payinent request for COSG reimbursement. 2. Annual on~site monitoring visit. 3. Receipt and review of community action agency's annual audit report, Management Latter (If received), and any documentation of any COSG-related findings. ' 4. Annual pubUc hearing to receive input on program performance: ,> ~. ATTACHMENT NO. 2- BUDGET (2nd Amendment) BUDGET - CDBG Public Services Grant Purpose: To deliver the direct services identified in the CDBG Public Services Grant application and this Agreement's Scope of Work Cost Categories: Staffing $108,685 Include salary & benefits to be documented by payroll records Goods and $6,700 Training costs must be tied to the delivery of the COBG publiC services sarvice Equipment $ Items costing $300 or more require Commerce pre-approval Travel $ Out-of-state traval requires Commerce pre-approval and follow federal travel per diem Indirect Costs $24,563 Must be tied to a COBG public service through the agency's approvad cost al/oeistion plan. $139,948 Must equal the budget amount listed for public services in the TOTAL COBG contract between the Local Govemment and Commerce. (Not to include county administration funds.l All costs must be eligible under OMB Ciroular A-122 and tied to the delivery of the COBG public service. If unsure, consult Commerce's Contracts Administration Unit. Budget Narrative: Describe what is included in the costs. CDBG will support staff and benefit costs for three services areas: Emergency Services ($49,810); Education-Head Start ($53,875); and Encore ($5,000) COBG will fund food purchase for the Senior Nutrition pr(lgram: $3,700 CDBG will help cover the Indirect Costs associated with our Energy Assistance Programs: $24,563 COBG will help cover program costs for the Jobs program: $3,000 --'! ~ .r. . Amendment No.1 Subreclplent Agreement for CDBG PubRc ServIces Between Jefferson County and Olympic Community Action Programs @COPy WHEREAS, Jefferson County (the Local Govemment) and Olympic Community Action Programs (the Subreclpiant) entered into an agreement on September 6, 2011 for pubRc services funded by the state Community Development Block Grant (CDBG) Pl'O!!ram. AND WHEREAS, the parties desire to amend the telTOS of that agreement NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Attachment #1: Scope of Work, attached, supersedes the existing Attachment #1. 2. Attachment #2: Budget. attached, supersedes the existing Attachment #2. ,1) 3. All other !alTOS and conditions of said agreement shall remaln the same. Dated this --r*' dayof l\htV'hbQX . 2011. By: John , Chairman J County Board of County CommIssIoners Approved as .... form only: (j~~:e9gl'/J1 ~ Co. ..otfUe ~. 10/3/.12011 By: TImOthy Hockett, Executive Director , Olympic Conuiumlty ActIon Programs Dale ../ ....;'-t " , Attachment #1. - SCOPE OF WORK A . Service Proarams NOTE: Ust the specific public seivtce.activfties from the CDBG' appticetion's Project Description'& Low- and Yoderatlr.lnOOme Benefit Table or reference the publIc service activities found in 'this applicetion table. Emergency Services Energy Assistance Encorel . Senior Nutrition Education Jobs B. Periodic Reoorts 1. Public Services Contract Quarterlv Beneficiarv ReDortifla Form (copy attacheq; provided by the Department of Commerce) with data on the use of CDBG funds, Including the number of:' . . . Persons served; . Low- and moderate-income persons served; . Persons with new access to a service; and . Persons with increa$6d1improved access to a service. 2. NO more than monthly and no lellS than quarteriy, A-19 Invoice Vouchers with a written narrative report on the services and expenditures funded by CDBG as back-up documentation of the CDBG reimbursement payment request. C. Local GovemmentOversiahtPlan 1.' Review and approval authority for each payment request for CDBG reimbursement. 2. Annual on-site monitoring visit. '. 3. Receli'! and review of community actl9n agenCY's annual audit report. Management Letter (If receiveci), and any documentation of any CDBG-related findings. 4. Annual public hearing to receive input on program Performance. 1 " . ~. , ,/ Attachment #2 - BUDGET BUDGET - CDBG Public Services Grant ~urpose: To deliver the direct services identified in the CDSG Public Services Grant application and this Agreement's Scope of Work ' Cost Categories: Staffing $54,810.00 Include salary & benefits to bIJ documented by payroll records Goods and services $3,164.00 Treinlng costs must be tied to the delivery of the CDBG public service Equipment $0.00 Items costing $300 or more require Commerce pre-approval Travel $0;00 Out-of-state travel requires Commerce pre-approval and follow federal travel'Der diem Indirect Costs $12,000.00 Must be tied to e COBG public service through the agency's approved cost allocation o/an. 0 Must equal the budget amounUlsted for public services in the COBG TOTAL $69,974.00 contract between the Local Govemment and Commerce; (Not to include county administration funds.l 0, All costs must be eligible under OMB Circular A-122 and tied to the delivery of the CDBG public sarvlce. Ifunsure, cansult Commerce's Contracts Administration Unit. . Budget Narrative: Oescribe what is Included in the costs. COBG will support staff and benefit costs for three' se.rvices areas: Emergency Services ($20,000); Education ($33,876); and Encore! ($934). COBG will fund food purchase for the Senior Nutrition program: $1,848 ," COSG will help cover the Indirect Costs associated with our Energy Assistance Programs: $12,000 COSG will help cover program costs for the Jobs program: $1,316 2 .J{)Y~~',~'lql'\\ flNAt U '~l\,UBJCIPIENT AG,REEMENT FOR COBG PUBLIC SERVICES SUBRECIPIENT AGREEMENT FOR CDBG PUBLIC SERVICES THIS AGREEMENT is between the local govemment CDBG recipient Jefferson County (herein called the Local Govemment) and Olympic Community Action Programs (herein called the Subrecipient) for public services funded by the state Community Development Block Grant (CDBG) Program. As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local govemment selected to undertake and carry out certain activities and projects under the Washington State CDBG Program in compliance with all applicable loeal,state, and1ederallaws,JegulationS and policies; and As the Local Govemmenthas applied for and received a CDBG award, contractnur'nber11-64100-o04 to fund public services; and As it benefits the Local Govemment to engage the Subrecipient to accomplish the Scope of W<>rk and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF WORK A. Local, Govemment Responsibllities The Local Govemment is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501 (b)] and its CDBG contract with Commerce referenced above. The Local Govemment win provide sueh assistance and guidance to the 'Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. ,B. Subrecipient Responsibilities The Subrecipient shall complete in a satisfactory and proper manner as determined by the Local Govemment the tasks described in the attached Scope of Work and Budgetto accomplish the cibjecilves of the CDBG project. The Subrecipient will periodically meet with the Local Govemment to review the status of these tasks. 2. TIME OF PERFORMANCE The time of performance for this Agreement will begin the date the parties sign and complete execution of this agreement for funding available as of the effective date established bY the Local Govemment's CDBG contract, and will be in 6ft'ect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. The parties to this Agreement acknowledge that the start date for performance of their obligations under this Agreement shall be July 1, '201 1 and the end date for performanCe of their obligations under this Agreement shall be December 31, 2011. Payment to Subrecipient for work performed under this Agreement may occur after'the end, date described here. 3. BUDGET The Subrecipient shall follow the budget approved by Commerce and the Local Govemment and ' attached to this Agreement (Attachment #2). The Local Govemment may require a more detailed " .~ budget breakdown, and the Subreclpient shall provide such supplementary bUdget information in a timely fashion in the form and content prescribed by the Local Government. Any amendments to the budget must first be determined by the Local Government as consistent with its. CDBG contract with Commerce and then approved In writing by the Local Government and the Subrecipient. 4. PAYMENT The Local Government shall reimburse the Subreciplent In accordance with the public services payment procedures provided by t~e CDBG Program for all allowable expenses agreed upon by the parties to complete the Scope of Work. In no event shall the total amount fo be reimbursed by the Local Government to the Subreclpient .-. - exceed thesllm of SiXty Nine Thousand NineHunared Seventy Four-Dollars Everf{$59,974.00). Reimbursement under this agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will . not be submitted In excess of actual, immediate cash requirements necessary to carry out the purposes of the Agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. The Local Government ml;1y pay the Subrecipient for overtime, extra-pay shifts, and multi-shift work only with prior approval. Exceptions are as follows: .. 1) When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature. 2) When employ~s are performing Indirect functions, such as administration, maintenance, or account. 3) In the performance of tests, laboratory procedures, or other sil'(lilar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed. 4) When lower overall cost to the federal Government will result. It Is understood that this Agreement Is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the state may prescribe. Subrecipient shall be entitled to payment for any work performed between July 1, 2011 and December 31, 2011 pursuant to the terms and conditions of this Agreement regardless of the effective date of this Agreement. . . 5. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient as outlined in the Scope of. Work (Attachment #1 to this Agreement) by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. . If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated, 6. SPECIAL CONDITIONS 2 " .. , [This section onhe Agreement can be used by Local Government to include special conditions specific to the particular activity or individual Subrecipient.] 7. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: . a) The requirements of TItle 24 of the Code of Federal regulations, Part 570 (HUD regulations concerning CDBG); and b) All other applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the actMties carried out under this Agreement will meet a CDBG Program National Objective as defined in 24 CFR 570.208. C. "Independent Contractor" Nothing cOntained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Govemment shall be exempt from payment of all Unemployment Compensation, FICA, reti~ment, life and/or medical Insurance and Workers' Compensation InslJrance, as the Subrecipient Is an independent contractor. D. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify tlie Local Govemment from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for In this. Agreement. E. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from Joss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Govemment. For purposes of commercial general liability insurance (or similarly named insurance intended to insure Subreciplent against tort or personal injury claims from or by third parties) "sufficient insurance" is deemed to mean insurance having a liability cap in the amount of $1 mlUion per occurrence, $2 million aggregate. Said commercial general liability insurance shall be primary. G. Funding Source Recognition The Subrecipient shall Insure recognition of the roles of Commerce, the WA State CDBGprogram, and the Local Govemment in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In 3 " '. addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations urider this Agreement. I. Suspension or Termination In accordance with 24 CFR 85.43, the Local Government may suspend or terminate this Agreement if the Subreciplent materially failS to comply with any terms of this Agreement, which include (but are not limited to) the following: . a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. c) Ineffective of improper use of funds provided under this Agreement; or d) Submission by the Subrecipient to the Local Government reports that are Incorrect or incomplete in any material respect. In acc9rdance with 24 CFR 85.44; this Agreement may also be terminated for convenience by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accornplish the purpose for which the award was made, the !,.ocal Government rnay terminate the award in its entirety. 8. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to cornply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and rnaintain necessary source documentation for all costs incurred. 2. Cost Principles The Subreclpient shall adrninister its program in conformance with OMS .Circulars A-122, .Cost Principles for Non-Profit Organ~tions: or A-21 , .Cost Principles for Educational Institutions: as applicable. These principles shall be applied for all costs incurred whetherchargecl on a direct or indirect basis. . 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. 4 " .' , S. . Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets. One of the National Objectives of the CDSG program; e) Records required tt}determine-tha1tligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with COSG assistance; e) Records documenting compliance with the civil rights compone(lts of the CDSG program; f) Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; g) Other records necessary to document compliance with Subpart K of 24 CFR Pari 570. 2. Access to Records and Retention All such records and all other records pertinent to this agreement and work undertaken under this agreement shall be retained by the Subrecipient for a period of six years after final audit of the Local Governmenfs CDSG contract, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government shall request a longer period of record retention. All records provided to, generated by or held by the Local Government may be "Public Records' in accordance with Ch. 42.56 RCWand as such subject to production to a requesting person unless otherwise exempt from production. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during no.rmal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted In audit reports must be fully cleared by the Subrecipient withiri 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply withthe above audit requirements will. constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Local Government poliey concerning subrecipient audits arid OMS Circl.!lar A-133. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting and Payment Procedures 1. Program !ncome The Subrecipient shall report annually all program income (as defined at 24CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subreclpient shall comply with the requirements set forth at 24 CFR 570.504. 5 " 2. Periodic Reports c The Subrecipient, at such times and in such forms as the Local Government may require, shall furnish the Local Goyernment such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred In connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not. limited to the following: 1. The Subrecipient shall transfer to the Local Govemment any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. . Real property under the Subrecipienfs control that was acquired or Improved, In whole or In part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Govemment Is closed. If the Subrecipient fails to use CDBG-asslsted real property In a manner that meets a CDBG National Objective for this 10- year period of time, the Subreclplent shall pay the Local Government an amount equal to the. current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment shall constitute program income to the Local Govemment. The Subreclplent may retain real property acquired or Improved under this Agreement after the expiration of the ten-year period. . 3. In caseS in which equipment acquired, In whole or In part, with funds under this Agreement is sold, the proceeds shall be program income. Equipment not needed by the Subreciplent for activities under this Agreement shall be (a) transferred to the Local Govemment for CDBG- eligible activities as approved by the CDBG program or{b) retained after compensating the Local Government. 9. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Tille VI of the Civil Righis Act of 1964: Under TJtle VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the beneflls of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States shall on the grounds of race, color, creed, rel/gion, sex or national origin be excluded from participation in, be denied benefrts of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made. available under this title. Age Discrimination Act of 1975, as Amended No person shall be excluded from participation, denied program benefrts, or subjected to discrimination on the basis of age under any program or activity receiving faderal funding assistance. (42 U.S.C. 610 et. seq.) 6 ~ . ' . , Section 504 of the Rehabilitation Act of 1973, as Amended . No otherwise qualified individual shall, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any proQram or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in.or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 . --. - . Compliance in the-Provision of Training, Employment, and Business Opportunities: 1. The work ta be performed under this agreement is an a project assisted under a program praviding direct federal financial assistance fram HUD and is subject ta the requirements .of Sectian 3 afthe Hausing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u. Section 3 requires that ta the greatest extent feasible .opportunities for training and emplayment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. . 2. The parties to this contract WllI.complywith the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary .of HUD set forth in 24 CFR135, and all applicable rules and orders of HUD and Commerce issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual .or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a .notice advising the said labor .organization or workers' representative .of his commitments under this Section 3 clause and shall post copies of the notice in conspicupus places available to employees and applicants fer employment or training. 4. The Subrecipient will include this .Section 3 clause in eVery subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the . subcontractor 15 in violatian of regulatians issued by the Secretary of HUD, 24 CFR Part 135. The Subrecipient will not subcontract with any subcontractor where it has natice or knowledge that the latter has been found in violation of regulatians under 24 CFR Part 135 and will not let any subcontract, unl.ess the subcontractor has fitst provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisians of Sectian 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders .of HUD and Commerce issued hereunder prior to the execution .of the contract, shall be a conditian .of the federal financial assistance pravided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant .or laan agreement or contract through which federal assistance is provided, and to such sanctians as are specified by 24 CF~ Part 135. C. Canduct 7 " .. 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto;. provided, however, that claims for money due or to become due to the Subreciplent from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notica of any such assignment or transfer shall be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities In connection with the planning or carrying out of the project, shall have-any personal financlaJinterest; dlrector-im:linrct,-In-this agreement; and the- SiJbreciplent shall take appropriate steps to assure compliance. The Subreclplent agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which includes maintaining a written code or standards of conduct that shall g.overn the performance of its officers, employees or agents engaged In the award and administration of contracts supported by Federal funds. The Subreclpient covenants that its employees has no interest and shall not acquire Interest, direct or Indirect, in the study area or any parcels therein or any other interest which would conflict in any .manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest shall be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a) The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from partlcipation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this contract, such C9ntractor shall attach an explanation to this contract. c) The contractor further agrees by signing this contract that it.will not knowingly enter into any lower tier covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. D. Copyright If this Agreement results in any copyrightable material or inventions, the Lo'cal Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental .purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement WIll not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious Instruction, .or proselytization. 10. SEVERABILITY 8 .. > > ..,. ,.It . 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and t1Je Subrecipient for the use of funds received under this Agreement and It supersedes all prior or .contemporaneous communications and proposals, Whether electronic, oral, or written between the. Local Governrnent and the SUbreclplent with respect to this Agreement. The attachments to this Agreement are identified es~~: . . Attachment #1, Scope of Work, consisting of 1 page. Attachment #2, Budget, consisting of 1 page. IN WITNESS WHEREOF, the Local Government and the Subreclpient have executed this agreement as - of the date and year last written below. By TItle Date ~ {o I 7ffi I Approved As To Legal Form: ~communttv Action Proarams B /".~- llmOthy L. Hockett Title ExecutIve Director- Date fJJz,.d II I { Attorney Approved as 19 form. only: !O~ .~p Jefferson Co. Prosec\ltOf 10 ~ -.. . , , If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 11. PERFORMANCE WAIVER the Local Government's failure to act with respect to a breach by th,e Subrecipient does not waive its right to act with respect to subsequent or similar breaches, The failure of the Local Government to exercise or enforce any right or provision shall not cOnstitute a waiver of such right or provision. 9 "" .~.. .. .. ..-. .~!" Attachment #1 - SCOPE OF WORK A. Service Proarams NOTE: '. LIst the specific public service activItlss from the CDBe application's Project DescrJptfon&.Low- and Moderate-lncome Benefit Table or reference the public service activities found In this application ta~. Emergency Services Energy A$slstance . Home Care. ,Encore! . Senior Nutrition B. Periodic ReDOrts 1. Public Services Contract Qugrter/v Beneficiarv ReDortlna Form (copy attached; provided by the Departrnltnt of Commerce) with data on the use of COBG funds, including the number of: . " Persons served; " Low" and moderat~income persons served; " Persons with new aCcess toa service; and " Persons with Increasedllmproved access to a service. 2. No more than monthly and no less than quarterly, A-19 Invoice Vouchers with a .WJitten narrative report on the services and expenditures funded by COBG as back-up documentation of the COBG reimbursement pa~ent request. . C. Local Government Oversiaht Plan 1, Review and approval authority for each payment request for CbBG reimbUrsement. 2. Annual on-site monitoring visit. '. .' . 3. Receipt and review of community ~on agency's annual audit report, Management Letter (if received), and any documentation of any COBS-related findings. 4. Annual public hearing to receive input on prOgram performance. 11 ........ . < . .. Attachment #2 -.BUDGET BUDGET - CDBG Public Services Grant Purpose: To deliver the direct services Identlfied in the CDBG Public Services Grant application and thIs Agreement's Scope of Work Cost Categories: Staffing $48,000 GOOdll and services $9,974 Equipment $ Travel $ Indirect Costs $12,000 TOTAL $69,974 Include salary & benefits to be documented by parroN records Trainlnfl c;os~ must be tied to the delivery of the CQB(i! plJf!lic seNice lterris costing $300 or more require Commerce pre-approval Out-of-state travel requires Commerce pre-approval and fonow federal travel r diem Must be tied to a CDBG public service through the agency's approved costaUocation Ian. Must aqualthe bUdget emount Hsted for publiC services in the CDBG contract between the Locel Government and Commerce. (Not to include coun administration funds. All costs must be eligible under OMB Circular A-122 and tied to the delivery of the CDBG public sarvice. If unsure, consult Commerce's Contracts Administration Unit. Budget Narrative: Describe what is included in the costs. CDBG will support staff and benefit costs for three services areas: Emergency Services ($30,000); Home Care ($15,000); and Encore ($3,000). CDBG will fund food purchase for the senior nutrition program: $9,97 4" CDBGwill help cover the Indirect Costs associated with our Energy Assistance Programs: $12,000 12 ,," ATIACHMENT 2~A RUBue SERVICES CONTRACT QUARTERLY BENEFICIARY REPORTING FORM This report is due on April 30 (for 1st qtr;), July 30 (fur 2nd qtr.), Oct. 30 (for 3"' qtr) and Jan. 30,2011 (for 4'" qtr.) Grantee: Forward one co . Grantee Name: Subreclpienl Name: Reporting Period - 2010: ur contract mana er at the Contracts Administration Pro - Retain one co CDBG Contritct No: CDBG Project Title: I" Quarter (Jan.-March) 2 3 Quarter (July-September) 4 Quarter (Oct.-Dec.) ~_~:;r::~~~~"~~~,~~~~~Ji~, WHITE BLACK/AFRICAN AMERICAN ASIAN AMER;ICAN INDIANIAlASKAN NATIVE NATIVE HAWAlIANI01:tlER PACIAC ISlANDER AMERICANINDIANIAlASKAN NATIVEAND WHITE ASIAN AND WHITE BLACK/AFRICAN AMERICAN AND WHITE AMERICAN INDIANIAlASKAN NATIVE & BLACK/AFRICAN AMERICAN OTHER MULTI-RACIAl TOTALS PANIC" 1:1 HUD HAS DESlGNAlED HISPANIC AS AN ETHNtC OR UP. A PERSON CAN BE IDENl1FIED AS BO A MEMBER OF A RACIAL GROUP AND AN ETHNIC GRO . BUT BE DESIGNATED aNI. Y AS AN ETHN1C GROUP. Please provide a narrative explanation of the publie services provided (Le., 150 meaIx provided to senior cltizlios, drug counselIug provided to 25 people, ete.) . . Signature Date of Signature . r certify that all CDBG funds expended for persoDDel costs are dlrect1y attributed to CDBG eligible activities. Name; affiliation and phone number of person completing or signing this form: lDstructions: No Voucher will be paid uuless your quarterly reports are up to date. This form should be completed by the coutract subreclpieut (CAe) and seat to the Cl)BG Grautee (couaty). The CDBG Grautee (couuty) should seud this form to tbe CAU project manager. ,--. ,; -:;- ..~:.- Item I: U nduplicated Count of Persons Assisted Reportiug Period: Insert the unduplicated number of clients served during the reporting period. Unduplicated meens that one person served by your agency is counted once during the calendar year. You may report only those persons for whom you maintain written records. This record must he establi~ed at the time the person is first served by your agency. . Race: Insert the ethnicity for the unduplicated clients served during this reporting period. When completing this section, if the individual is not Hispanic or Latino, use the first column labeled #Total. If the individual is Hispanic, use the first colunm to Identify race (which gives us a total), then count the individual in the second column,which is a subset of the first colunm. Single Hend of House bold; Elderly, and Disabled: Insert the unduplicated number of single female bead of households with dependents/children served during the reporting period. - Insei'Hhe unduplicated numher1JfElderly aod Disa!lled, if yOur agency trucks this datao. Ifservioes-are provided to "Elderly" populations with . CDBG funds, it is expected that your agency will truck this data Income: Insert the undupllcated clients (not households) served wbo are Moderate Income (51--80"10), Low-Income (31-50%) and Extremely Low-Income (0- 30"10).