HomeMy WebLinkAbout2623 - Marysville, City of - Agreement - CDBG - Cedar Field ImprovementsCOMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECJPJENT AGREEMENT
FOR
Cedar Field Project
THIS AGREEMENT (the "Agreement"), is made and entered this I st day of July, 2022 by and
between the City of Marysville (herein called the "City and/or Subrecipient), organized under the
laws of the state of Washington, located and doing business at 1049 State Avenue, Marysville
98270.
WHEREAS, the City has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, as amended ("HCD-A"),
Public Law 93-383; and
WHEREAS, the City wishes to engage the Subrecipient to assist the City in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
This Agreement/grant award and the rights and obligations of both parties hereto shall be subject
to and governed by the additional terms contained in Exhibits A -G, incorporation by this
reference:
1. Scope of Service attached hereto or Exhibit "A",
2. General Terms and Conditions attached hereto as Exhibit "B"
3. Records to Maintain attached hereto as Exhibit "C",
4. Quarterly Program Report attached hereto as Exhibit "D",
5. Reimbursement Certification Request attached hereto as Exhibit "E",
6. Certification Regarding Debarment and Suspension attached hereto as Exhibit "F;" and
7. Certification Regarding Lobbying attached hereto as Exhibit "G."
This Agreement, and the additional terms incorporated, constitute the entire Agreement between
the parties.
Either party may request a modification to the terms and conditions of this Agreement (for
instance, the scope of services, project duration, performance or reporting standards, or other
Subrecipient Agreement -
City of Marysville Parks -Cedar Field PY2022 P a g e I 1
ORIGINAL
terms or conditions). Proposed modifications, which are mutually agreed upon, shall be
incorporated by written amendment to this contract signed by both parties. The City and
Subrecipient agree that this Agreement shall be modified if necessary to achieve compliance
with federal, state, or local laws or regulations, requirements of the United States Department of
Housing and Urban Development, or available funding amounts.
All services to be rendered or performed under this Agreement will be performed or rendered
entirely at the Subrecipient's own risk. The Subrecipient expressly agrees to defend, indemnify
and hold the City, its officials, officers, employees, agents, and volunteers harmless from any
and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or
resulting from the acts, errors, or omissions of the Subrecipient in the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of the bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Subrecipient and the City,
its officials, officers, employees, agents, and volunteers, the Subrecipient's liability, including
the duty and cost to defend, hereunder shall be only to the extent of the Subrecipient's
negligence. It is further specifically and expressly understood that the indemnification provided
herein constitutes the Subrecipient's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated
by both parties. The provisions of this paragraph shall survive the expiration or termination of
this Agreement.
IN WITNESS THEREOF the parties have executed this Agreement as of the day and year
indicated below.
Date
Attest:
City Clerk Date
Approved as to form:
6· ( j.2-
Date
Subrecipient Agreement -
City of Marysville Parks -Cedar Field PY2022 P a g e I 2
EXHIBIT "A"
SCOPE OF SERVICES
TABLE OF CONTENTS
I. Scope of Service ............................................................................................................................. 2
A. Activities/Project Description ................................................................................................... 2
B. National Objectives ................................................................................................................... 2
C. Levels of Accomplishment -Goals and Performance Measures .............................................. 2
D. Staffing ...................................................................................................................................... 3
E. Performance Reports ................................................................................................................. 3
F. Performance Monitoring(Taken from the Consolidated Plan) .................................................. 4
II. Time of Performance ..................................................................................................................... 4
III. Budget ............................................................................................................................................. 4
IV. Payment .......................................................................................................................................... 5
V. Budget Adjustments ...................................................................................................................... 5
VI. Budget Surplus ............................................................................................................................... 5
VII. Local Financial Support ................................................................................................................ 6
VIII. Notices ............................................................................................................................................. 6
Exhibit A-Scope of Services
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
A-1
EXHIBIT "A"
SCOPE OF SERVICES
I. Scope of Service
The Subrecipient will be responsible for administering the Cedar Field project in a manner satisfactory to
the City and consistent with any standards required as a condition of providing these funds. Such
program will include the following activities eligible under the Community Development Block Grant
Program.
A. Activities/Project Description
1. Location: Cedar Field, 1010 Cedar, Marysville, WA 98270
2. Activities: Fence playground, Install post and netting in center field to protect playground, install
a metal shed to store field equipment.
3. Target Population: 3-14 year olds and families
4. Administration: Marysville Parks, Culture and Recreation
B. National Objectives
The Subrecipient certifies that the activities carried out with funds provided under this
Agreement will meet one or more of the following CDBG National Objectives as defined in
24 CFR Part 570.208
C. Levels of Accomplishment -Goals and Performance Measures
In addition to the normal administrative services required by part of this Agreement, the
S b t t "d th fi 11 . 1 1 f . u rec101en agrees o prov1 e e o owmg eve s o program services:
Total unduplicated Marysville Residents or
Persons Assisted Households to be served
Marysville Persons to be Assisted by All Funds 3,500
Marysville Persons to be assisted by 3,500
Marysville CDBG Funds only
Marysville Families/households to be assisted by 1,400
Marysville CDBG Funds only
· Marysville Units Provided by Marysville Units Provided by Marysville
Output Unit all funds CDBG Funds only
3,500 3,500 3,500
1. Definition of Units of Service -3,500 is equal to 5% of the Marysville population
2. Outcome Goals -Provides safety fencing/netting for the playground and equipment
storage.
Exhibit A-Scope of Services
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
A-2
3. Outcome Measures -3,500 Marysville children will benefit from these improvements
D. Staffing
The Subrecipient shall assign the following staff as Key Personnel to the CDBG program:
Staff Member Title
Jesse Birchaman Transportation & Parks Maintenance Manager
Jesse Perrault Streets Supervisor
Jeramie Roth Parks Maintenance Lead
Any changes in the Key Personnel assigned or their general responsibilities under this project
are subject to the prior approval of the City.
E. Performance Reports
The Subrecipient agrees to track outcome performance measures as required by the U.S.
Department of Housing and Urban Development and the City. The Subrecipient will report
the outcomes to the City on at least a quarterly basis. Information and forms are provided to
the Subrecipient by the City as Quarterly Report or Exhibit "D" and Reimbursement Request
or Exhibit "E" for reporting this information.
F. Performance Monitoring(Taken from the Consolidated Plan)
The City will monitor the performance of the Subrecipient against goals and performance
standards throughout the year. Projects funded by the City are expected to maintain high
standards. Performance reports will be reviewed by the Citizens Advisory Committee
(CAC). Standards and procedures are further outlined below:
1. The City will monitor projects closely to ensure that Subrecipient staff members have a good
understanding of contractual requirements, project and fiscal administration, performance
standards, recordkeeping, and reporting. Issues that need clarification will be addressed.
2. All projects will be monitored. Projects that need guidance in achieving performance
measures or adhering to contractual requirements will receive technical assistance.
Subrecipient staff will be required to attend a meeting with City staff, and/or will receive an
on-site monitoring visit.
3. Monitoring concerns/findings will be reviewed with Subrecipient staff and documented in
writing.
Exhibit A -Scope of Services
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
A-3
4. When applicable, corrective action will be required on a timely basis. Additional time for
corrective action may be allowed on a case-by-case basis.
5. Subrecipients will be required to provide supporting documentation verifying that
deficiencies have been corrected.
6. Failure to take corrective action could lead to the withholding or loss of funding to a
subrecipient.
II. Time of Performance
Services of the Subrecipient shall start on the 1st day of July, 2022 and end on the 30th day
of June of 2024. The term of this Agreement and the provisions herein shall be extended to
cover any additional time period during which the Subrecipient remains in control of CDBG
funds or other CDBG assets, including program income. The City may, at its discretion,
extend the term of this Agreement to allow for the expenditure of unexpended funds.
III. Budget
Line Item Amount
Salaries/Wages
Benefits
Consultants/Contracts
Supplies $23,750
Printing
Communications
Travel
Utilities
Rent
Insurance
Repairs/Maintenance
Other (Specify)
Indirect (Specify)
Total $23,750
Any indirect costs charged must be consistent with the conditions of Paragraph II (C)(2) in
Exhibit B of this Agreement. In addition, the City may require a more detailed budget
breakdown than the one contained herein, and the Subrecipient shall provide such
supplementary budget information in a timely fashion in the form and content prescribed by
the City. Any amendments to the budget must be approved in writing by both the City and
the Subrecipient.
IV. Payment
Exhibit A-Scope of Services
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
A-4
It is expressly agreed and understood that the total amount to be paid by the City under this
Agreement shall not exceed $23,750.00. Drawdowns for the payment of eligible expenses
shall be made against the line item budgets specified in Paragraph III herein and in
accordance with performance. Expenses for general administration shall also be paid against
the line item budgets specified in paragraph III and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR Part 84.21.
V. Budget Adjustments
The City reserves the right to withdraw such funds as the City may deem appropriate at any
time while this Agreement is in effect from the Budget of the Subrecipient if the Subrecipient
is not in the opinion of the City spending at a reasonable rate, is not providing services at a
level consistent with the approved contract, is not providing proper reports, or is not
maintaining adequate records.
The City shall notify the Subrecipient in writing of a proposed withdrawal, at least ten (10)
working days before the actual
VI. Budget Surplus
The Subrecipient agrees that funds determined by the City to be surplused at the end of the
year within the budget of this Agreement will be subject to cancellation by the City.
VII. Local Financial Support
This Agreement shall not be utilized to reduce substantially the amount of local financial
support for community development activities below the level of such support prior to the
availability of such assistance.
VIII. Notices
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicted below, unless otherwise modified by
subsequent written notice.
City of Marysville
N arne: I Arny Hess
City of Marysville
Address: I 80 Columbia A venue
Exhibit A-Scope of Services
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Subrecipient : City of Marysville Parks
Name: I Dave Hall
City of Marysville Parks, Culture & Recreation
Address: I 6915 Arrnar Rd.
A-5
City, State, Zip: Marysville, WA 98270
Voice: 360-363-8215
Fax: 360-651-5099
e-mail: a hess@marysvillewa.gov
Exhibit A -Scope of Services
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
City, State, Zip: Marysville, WA 98270
Voice: 360-363-8403
Fax: 360-651-5089
e-mail dhall@m;![Ysvillewa.gov
A-6
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
I. General Conditions 1
A. General Compliance 1
B. Independent Contractor 1
C. Workers' Compensation 1
D. Insurance & Bonding 1
E. Licensing and Program Standards 2
F. City Recognition 2
G. Amendments 2
H. Suspension or Termination 3
I. Termination for Withdrawal, Reduction or Limited Funding 3
J. Hold Harmless 4
II. Administrative Requirements 4
A. Financial Management 4
B. Documentation and Records Keeping 4
C. Reporting and Payment Procedures 5
D. Procurement 8
E. Use and Reversion of Assets 9
III. Relocation, Real Property Acquisition and One-for-One Housing Replacement 10
IV. Personnel & Participant Conditions
A. Civil Rights
B. Affirmative Action
C. Employment Restrictions
D. Conduct
V. Environmental Conditions
A. Air and Water
B. Flood Disaster Protection
C. Lead-Based Paint
D. Historic Preservation
VI. Notice to Proceed
VII. Severability
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG.Entitlement
Marysville Parks -Cedar Field PY2022
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Page 1 of 20
VIII. Relationship of the Parties
IX. Minimum Length of Time for Intended Use
X. Compliance with City Ordinance
XI. Venue Stipulation
XII. Section Headings and Subheadings
XIII. Waiver
XIV. Entire Agreement
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
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Page 2 of 20
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
I. General Conditions
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the Subrecipient does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR
Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and
local laws, regulations, and policies governing the funds provided under this Agreement. The
Subrecipient further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
B. "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 City shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
D. Insurance & Bonding
The Subrecipient shall maintain during the life of this Agreement public liability and
property damage insurance covering the Subrecipient' s services hereunder in the sum of not
less than one million dollars ($1,000,000) combined single limits bodily injury/property
damage. Insurance shall cover work done by the Subrecipient or subcontractors and shall
protect, as an additional insured, the City, its officials, officers, employees and agents, from
suits or claims for damages arising from operations under this Agreement or actions of the
Subrecipient, subcontractors, and employees either direct or indirect. The Subrecipient shall
provide the City with a Certificate of Insurance in a form acceptable to the City Attorney
and, by endorsement, naming the City, its officials, officers, employees and agents as
additional insured prior to performing any services pursuant to this Agreement.
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss
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 City.
Exhibit B-General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 3 of 20
E. Licensing and Program Standards
1. The Subrecipient agrees to comply with all applicable federal, state, or local standards for
licensing, certification and operation of facilities and programs, and accreditation and
licensing of individuals, and any other standards or criteria as described in the Agreement
to assure quality of service.
2. Data Universal Number System
Pursuant to 2 C.F.R. §25.l00(a), the City is required to establish a Dun and Bradstreet (D
& B) Data Universal Numbering System (DUNS) as a universal identifier in order to
receive federal financial assistance. In addition, programs or subrecipients receiving sub
awards from the City shall establish a DUNS. 2 C.F.R. § 25.200(c)(l). The Agency shall
provide its DUNS to the City.
F. City Recognition
The Subrecipient shall insure recognition of the role of the City 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 addition, the Subrecipient will include a
reference to the support provided herein in all publications made possible with funds made
available under this Agreement.
G. Amendments
The City or Subrecipient may amend these General Terms and Conditions at any time
provided that such amendments make specific reference to these General Terms and
Conditions, and are executed in writing, signed by a duly authorized representative of each
party, and approved by the City's governing body. Such amendments shall not invalidate the
Agreement, nor relieve or release the City or Subrecipient from their obligations under the
Agreement.
The City may, in its discretion, amend these General Terms and Conditions and the
Agreement to conform with Federal, state or local laws, regulations and policies and
available funding amounts, or for other reasons. If such amendments result in a change in the
funding, the scope of services, or schedule of the activities to be undertaken as part of this
Agreement, such modifications will be incorporated only by written amendment signed by
both City and Subrecipient.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the City may suspend or terminate the Agreement if the
Subrecipient materially fails to comply with any terms of the Agreement, which include (but
are not limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies or directives as
may become applicable at any time;
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 4 of 20
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under the Agreement;
3. Ineffective or improper use of funds provided under the Agreement; or
4. Submission by the Subrecipient to the City of reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, the Agreement may also be terminated for convenience by
either the City 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 City determines that the
remaining portion of the award will not accomplish the purpose for which the award was
made, the City may terminate the award in its entirety.
I. Termination for Withdrawal, Reduction or Limitation of Funding
In the event that funding from the Federal Government is withdrawn, reduced or limited in
any way after the effective date of the Agreement, and prior to its normal completion, the
City may summarily terminate the Agreement as to the funds reduced or limited,
notwithstanding any other termination provision of the Agreement or these General Terms
and Conditions. If the level of funding so reduced or limited is so great that the City deems
that the continuation of the program covered by the Agreement is no longer in the best
interest of the public, the City may summarily terminate the Agreement in whole
notwithstanding any other termination provisions of the Agreement. Termination under this
subsection shall be effective upon receipt of written notice by the Subrecipient or its
representative.
The City agrees to promptly notify the Subrecipient of any proposed reduction in funding by
Federal or other officials. The Subrecipient agrees that upon receipt of such notice it shall
take appropriate and reasonable action to reduce its spending in the affected funding area so
that expenditures do not exceed the funding level which would result if said proposed
reduction became effective.
J. Hold Harmless
The Subrecipient shall defend, indemnify and hold the City, it officials, officers, employees,
agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the acts, errors or omissions of the
Subrecipient in performance of this Agreement, except for injuries and damages caused by
the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event ofliability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Subrecipient and the City, its officials, officers, employees, agents, and volunteers, the
Subrecipient's liability, including the duty and cost to defend, hereunder shall be only to the
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 5 of 20
extent of the Subrecipient's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Subrecipient' s waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
II. Administrative Requirements
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR part 200 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
2. Costs Principles
The Subrecipient shall administer its program in conformance with 2 CFR part 200
subpart E, "Cost Principles for Non-Profit Organizations," or, "Cost Principles for
Educational Institutions," as applicable. These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis.
[Note: For the above sections, if the subrecipient is a governmental or quasi-
governmental agency, the applicable sections of 2 CFR Part 200, "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, "and 0MB Circular A-87 would apply.}
B. 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 the Agreement.
Refer to Exhibit "C" for a more detailed listing of records to maintain.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of four ( 4) years.
The retention period begins on the date of the submission of the City's annual
performance and evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records
cited and that have started before the expiration of the four-year period, then such records
must be retained until completion of the actions and resolution of all issues, or the
expiration of the four-year period, whichever occurs later.
3. Client Data
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 6 of 20
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information shall be made available to City monitors or their designees for review upon
request.
4. Disclosure
The Subrecipient understands that client information collected under this Agreement is
private and the use or disclosure of such information, when not directly connected with
the administration of the City's or Subrecipient's responsibilities with respect to services
provided under this Agreement, is prohibited by the [insert applicable State of Federal
law] unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian.
5. Close-Outs
The Subrecipient's obligation to the City shall not end until all close-out requirements are
completed, notwithstanding any expiration or termination of the Agreement. Activities
during this close-out period shall include, but are not limited to: making final payment,
disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the City),
and determining the custodianship of records. Notwithstanding the foregoing, the terms
of the Agreement shall remain in effect during any period that the Subrecipient has
control over CDBG funds, including program income.
In the event that the Agreement is terminated in whole or part for any reason, the
following provisions shall apply:
a. Upon written request by the Subrecipient, the City shall make or arrange for payment
to the Subrecipient of allowable reimbursable costs not covered by previous
payments.
b. The Subrecipient shall submit within thirty (30) days after the date of expiration of
the Agreement all financial, performance and other reports required by the
Agreement, and in addition, will cooperate in a program audit by the City or its
designee.
c. In the event a fmancial audit has not been performed prior to close-out of the
Agreement, the City retains the right to withhold a just and reasonable sum from the
final payment to the Subrecipient after fully considering the recommendation on
disallowed costs resulting from the final audit.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by the Agreement shall be
made available to the City, its designees or the Federal Government, at any time during
normal business hours, as often as the City deems necessary, to audit, examine, and
make excerpts or transcripts of all relevant data. Any deficiencies noted in the audit
reports must be fully cleared by the Subrecipient within thirty (30) days after receipt by
the Subrecipient. Failure of the Subrecipient to comply with the above audit
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 7 of 20
requirements will constitute a violation of the 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 City policy concerning Subrecipient
audits and, as applicable, 2 CFR 200 Subpart F.
C. Reporting and Payment Procedures
I. Program Income
The Subrecipient shall report quarterly all program income as defined at 2 CFR part
200.80 generated by activities carried out with CDBG funds made available under the
Agreement. The use of program income by the Subrecipient shall comply with the
requirements set forth at 2 CFR part 200.80. By way of further limitations, the
Subrecipient may use such income during the term of this Agreement for activities
permitted under the Agreement and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All unexpended program
income shall be returned to the City at the end of the term of this Agreement. Any
interest earned on cash advances from the U.S. Treasury and from funds held in a
revolving fund account is not program income and shall be remitted promptly to the
City.
2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation
plan for determining the appropriate Subrecipient's share of administrative costs and
shall submit such plan to the City for approval, in a form specified by the City.
3. Payment Procedures
The City will pay to the Subrecipient funds available under the Agreement based
upon information submitted by the Subrecipient and consistent with any approved
budget and City policy concerning payments. With the exception of certain advances,
payments will be made for eligible expenses actually incurred by the Subrecipient,
and not to exceed actual cash requirements. Payments will be adjusted by the City in
accordance with advance fund and program income balances available in
Subrecipient accounts. In addition, the City reserves the right to liquidate funds
available under the Agreement for costs incurred by the City on behalf of the
Subrecipient.
Payments by the City shall be limited to allowable costs and so shall be made upon
the occurrence of the following, in addition to any other conditions contained herein
or in the special conditions:
a. Receipt by the City of a written reimbursement request supported by copies of
vouchers, invoices, salary and wage summaries, and other acceptable
documentation; and
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 8 of 20
b. Determination by the City that the expenditures or obligations for which
reimbursement is sought constitute allowable costs under Federal law and come
within the Project Budget.
c. No payment shall be made for any service rendered by the Subrecipient except for
the services within the scope of a category set forth in the budget in Exhibit "A"
to the Agreement, and all funds received must be used for service as identified in
Exhibit "A" to the Agreement.
d. The Subrecipient shall submit to the City a written request for approval of a
budget revision when a proposed revision would result in an increase or decrease
of twenty percent (20%) or more in an approved budget subject category. Written
budget revision approval must be received by the Subrecipient prior to the
Subrecipient incurring any expenditure against the revised budget subject
categories.
e. When the revision of the Subrecipient budget does not exceed twenty percent
(20%) of an approved budget subject category, the Subrecipient must submit a
revised budget to the City prior to the submittal of claims against the budget.
4. Billing Procedures
a. The Subrecipient shall submit no fewer than quarterly written claims for
reimbursement of services performed under the Agreement in the manner
prescribed in subsection 3 above and as prescribed by the City.
b. Claims for reimbursement by the Subrecipient shall be submitted to the City by
the 1st day of each month or quarter following the month or quarter during which
the services were provided. All claims will be submitted to:
Chris Holland
Planning Manager
80 Columbia A venue
Marysville, WA 98270
360-363-8 207
cha lland@marysvillewa.gov
c. The City will not process claims for reimbursement until all supporting
documentation is provided in the correct and proper format. The City reserves the
right to withhold payments pending timely delivery of program reports or
documents as may be required under the Agreement.
5. Progress Reports
The Subrecipient shall submit quarterly Progress Reports to the City in the form,
content, and frequency as required by the City.
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 9 of 20
D. Procurement
1. Compliance
Any personal property having a useful life of more than one year and purchased
wholly or in part with funds from this Agreement at a cost of three hundred dollars
($300) or more per item shall upon its purchase or receipt become the property of the
City. The Subrecipient shall be responsible for all such property, including its care
and maintenance, and shall comply with the following procedures:
a. Property records shall be maintained accurately and provide for: a description of
the property; manufacturer's serial number or other identification number;
acquisition date and costs; source of the property; percentage of block grant funds
used in the purchase of property; location, use and condition of the property.
b. A physical inventory of property shall be taken and the results reconciled with the
property records at least once every two years to verify the existence, current
utilization and continued need for the property.
c. A control system shall be in effect to insure adequate safeguards to prevent loss,
damage, or theft to the property. Any loss, damage, or theft of the property shall
be investigated and fully documented.
d. Adequate maintenance procedures shall be implemented to keep the property in
good condition.
e. If the Subrecipient elects to capitalize and depreciate such non-expendable
personal property in lieu of claiming the acquisition cost as a direct item of cost,
title to such property shall remain with the Subrecipient. An election to capitalize
and depreciate or claim acquisition cost as a direct item of cost shall be
irrevocable.
f. Non-expendable personal property purchased by the Subrecipient under the terms
of the Agreement, in which title is vested in the City or Federal Government, shall
not be rented, loaned, or otherwise passed to any person, partnership, corporation,
association or organization without the prior expressed approval of the City.
g. Non-expendable personal property furnished to, or purchased by, the
Subrecipient, title to which is vested in the City or Federal Government, shall,
unless otherwise provided herein or approved by the City, be used only for the
performance of activities defined in this Agreement.
h. The Subrecipient shall be responsible for any loss or damage to the property of
the City or Federal Government (including expenses entered thereunto) which
results from negligence, willful misconduct, or lack of good faith on the part of
the Subrecipient to maintain and administer in accordance with sound
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 10 of 20
management practices of that property, to ensure that the property will be returned
to the City or Federal Government in like condition to that in which condition the
property was acquired by purchase, fair wear and tear accepted.
2. 0MB Standards
Unless specified otherwise within the Agreement, the Subrecipient shall procure all
materials, property, or services in accordance with the requirements of 2 CFR part
200.317-200.326.
3. Travel
The Subrecipient shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under the Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under the Agreement shall be in
compliance with the requirements of24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the City any CDBG funds on hand and any
accounts receivable attributable to the use of funds under the Agreement at the time
of expiration, cancellation, or termination of the Agreement.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of the Agreement or such longer period ohime as the City
deems appropriate. If the Subrecipient fails to use CD BG-assisted real property in a
manner that meets a CDBG National Objective for the prescribed period of time, the
Subrecipient shall pay the City an amount equal to the current fair market value of the
property less any portion of the value attributable to expenditures of non-CD BG
funds for acquisition of, or improvement to, the property. Such payment shall
constitute program income to the City. The Subrecipient may retain real property
acquired or improved under the Agreement after the period of time it is required to be
used to meet one of the CDBG National Objectives under this section.
3. In all cases in which equipment acquired, in whole or in part, with funds under the
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under the Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under the
Agreement shall be (a) transferred to the City for the CDBG program or (b) retained
after compensating the City [ an amount equal to the current fair market value of the
equipment less the percentage of non-CDBG funds used to acquire the equipment].
III. Relocation, Real Property Acquisition and One-for-One Housing Replacement
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 11 of 20
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations
at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c)
governing the Residential Anti-displacement and Relocation Assistance Plan under section
104(d) of the HCDA; and (c) the requirements in 24 CFR 570.606(d) governing optional
relocation policies. [The City may preempt the optional policies.] The Subrecipient shall
provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b )(2) that
are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a
CDBG-assisted project. The Subrecipient also agrees to comply with applicable City
ordinances, resolutions and policies concerning the displacement of persons from their
residences.
IV. Personnel & Participant Conditions
A. Nondiscrimination
1. The Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24
CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the HCDA are still applicable.
2. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended; Title VIII of the Civil Rights Act of 1968, as amended; Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975; Executive Order
11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478,
12086, and 12107.
3. The Subrecipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against the individuals with disabilities or handicaps in
any Federally assisted program.
4. The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity
to participate in the performance of this Agreement. As used in this Agreement, the
terms "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and
women's business enterprise" means a business at least fifty-one ( 51) percent owned
and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American
Indians. The Subrecipient may rely on written representations by businesses
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 12 of 20
regarding their status as minority and female business enterprises in lieu of an
independent investigation.
5. The Subrecipient will, in all solicitations or advertisements for employees placed by
or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative
Action employer.
6. The Subrecipient will include the provisions of Subsection IV.A in every subcontract
or purchase order, specifically or by reference, so that such provisions will be binding
upon each of its own subrecipients or subcontractors.
B. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; inherently
religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards insofar as
those acts apply to the performance of this Agreement. The Subrecipient agrees to
comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and it's
implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
Subrecipient shall maintain documentation that demonstrates compliance with hour
and wage requirements of this part. Such documentation shall be made available to
the City for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction
of residential property containing less than eight (8) units, all contractors engaged
under contracts in excess of $2,000.00 for construction, renovation or repair work
financed in whole or in part with assistance provided under the Agreement, shall
comply with Federal requirements adopted by the City pertaining to such contracts
and with the applicable requirements of the regulations of the Department of Labor,
under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journey workers; provided that, if wage rates higher than
those required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher wage. The Subrecipient shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the
requirements of this paragraph.
3. "Section 3" Clause
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 13 of 20
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of the
Agreement, shall be a condition of the Federal financial assistance provided under
the Agreement and binding upon the City, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the City, the Subrecipient and any of the Subrecipient's
subrecipients and subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. The
Subrecipient certifies and agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under the
Agreement:
"The work to be performed under this Agreement is a project assisted
under a program providing direct Federal financial assistance from
HUD and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given to low-and very low-income
residents of the project area, and that contracts for work in connection
with the project be awarded to business concerns that provide
economic opportunities for low-and very low-income persons
residing in the metropolitan area in which the project is located."
The.Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing construction, or
other public construction project are given to low-and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low-and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low-and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead-based paint hazards),
housing construction, or other public construction project to business concerns
that provide economic opportunities for low-and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low-and very low-income residents within the service
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 14 of 20
area or the neighborhood in which the project is located, and to low-and very
low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient will not subcontract with any entity where it has notice or knowledge
that the latter has been found in violation ofregulations under 24 CFR Part 135
and will not let any subcontract unless the entity has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
C. Conduct
I. Assignability
The Subrecipient shall not assign or transfer any interest in the Agreement without
the prior written consent of the City thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the City under the Agreement
may be assigned to a bank, trust company, or other fmancial institution without such
approval. Notice of any such assignment or transfer shall be furnished promptly to the
City.
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of the Agreement without the written consent of the
City prior to the execution of such agreement. ·
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be summarized in
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 15 of 20
written reports and supported with documented evidence of follow-up actions
taken to correct areas of noncompliance.
c. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder and will
permit access to its books, records and accounts by the City, HUD or its agent, or
other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
d. Content
The Subrecipient shall cause all of the provisions of the Agreement in its entirety
to be included in and made a part of any subcontract executed in the performance
of the Agreement.
e. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the
performance of the Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement requirements. Executed copies
of all subcontracts shall be forwarded to the City along with documentation
concerning the selection process.
f. Debarment
The Subrecipient shall not contract with any business who has been debarred,
suspended, or deemed ineligible to work with Federal funds as set forth in 24
CPR 570.609.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under the
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CPR 84.42 and 570.611,
which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award
and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal
funds if a conflict of interest, real or apparent, would be involved.
Exhibit B-General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 16 of 20
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position
to participate in a decision-making process or gain inside information with regard
to such activities, may obtain a financial interest in any contract, or have a
financial interest in any contract, subcontract, or agreement with respect to the
CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted
activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year
thereafter. For purposes of this paragraph, a "covered person" includes any person
who is an employee, agent, consultant, officer, or elected or appointed official of
the City, the Subrecipient, or any designated public agency.
5. Covenant Against Contingent Fees
The Subrecipient warrants that no person or selling agency has been employed or
retained to solicit or secure the Agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, excepting bona fid employees
or bona fide established commercial or selling agency maintained by the Subrecipient
for the purpose of securing business. The City shall have the right, in the event of
breach of this clause by the Subrecipient, to annul the Agreement without liability or,
in its discretion, to deduct from the Agreement price or consideration or otherwise
recover the full amount of such commissioner, percentage, brokerage or contingent
fees.
6. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
it, 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 contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
b. 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, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
and
c. It will require that the language of paragraph ( d) of this certification be included
in the award documents for all sub awards at all tiers (including subcontracts, sub
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 17 of 20
grants, and contracts under grants, loans, and cooperative agreements) and that all
Subrecipients 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, U.S.C. 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.
7. Copyright
If this Agreement results in any copyrightable material or inventions, the City
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.
8. Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not be utilized
for inherently religious activities prohibited by 24 CFR 570.200G), such as worship,
religious instruction, or proselytization.
V. Environmental Conditions
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply
to the performance of the Agreement:
1. Clean Air Act, 42 U.S.C., 7401, et seq.;
2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under the Agreement shall be subject to HUD Lead-Based Paint
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 18 of 20
Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain
to all CDBG-assisted housing and require that all owners, prospective owners, and
tenants of properties constructed prior to 1978 be properly notified that such properties
may include lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning and the advisability and availability of blood lead
level screening for children under seven. The notice should also point out that if lead-
based paint is found on the property, abatement measures may be undertaken. The
regulations further require that, depending on the amount of Federal funds applied to a
property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, state, or local historic property list.
VI. Notice to Proceed
No work on the program shall occur prior to the notice to proceed without written approval
from the City. The City shall furnish the Subrecipient with written notice to proceed upon
release of funds from HUD related to the project pursuant to 24 CFR Part 58.
VII. Severability
It is understood and agreed by the parties hereto that if any part, term, or provision of the
Agreement or these General Terms and Conditions is held by the courts to be illegal, the
validity of the remaining provisions shall not be affected; and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the particular
provision held to be invalid.
If it should appear that any provision hereof is in conflict with any statutory provision of the
United States or the State of Washington, said provision which may conflict, therewith, and
shall be deemed modified to conform to such statutory provision.
VIII. Relationship of the Parties
The parties intend that an independent Subrecipient/City relationship will be created by the
Agreement. The City is interested only in the results to be achieved; the implementation of
services will tie solely with the Subrecipient. No agent, employee, or representative of the
Subrecipient shall be deemed to be an employee, agent, servant or representative of the City
for any purpose, and the employees of the Subrecipient are not entitled to any of the benefits
the City provides City employees. The Subrecipient will be solely and entirely responsible
Exhibit B -General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 19 of 20
for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise
during the performance of the Agreement.
IX. Compliance with City Ordinance
The Subrecipient must comply with all City ordinances. No variance may be applied for
property purchased or rehabilitated with funds provided through the Agreement. Those
agencies using these funds to place people in housing will not refer to or use units which are
substandard or illegally created.
X. Venue Stipulation
The Agreement has been and shall be construed as having been entered into and delivered
within the State of Washington, and it is mutually understood and agreed by each party
hereto that the Agreement shall be governed by laws of the State of Washington, both as to
interpretation and performance.
Any action at law, suit in equity, or judicial proceeding for the enforcement of the Agreement
or any provisions thereof shall be instituted and maintained only in any of the courts of
competent jurisdiction at Snohomish County, Washington.
XI. Section Headings and Subheadings
The section headings and subheadings contained in these General Terms and Conditions are
included for convenience only and shall not limit or otherwise affect the provisions of this
Agreement.
XII. Waiver
The City's failure to act with respect to a breach by the Subrecipient does not waive its right
to act with respect to subsequent or similar breaches. The failure of the City to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
XIII. Entire Agreement
The Agreement and all terms incorporated in the Exhibits constitute the entire agreement
between the City and the Subrecipient for the use of funds received under the Agreement and
supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral, or written between the City and the Subrecipient with respect to the subject matter of
the Agreement.
[NOTE: For the above sections, if the Subrecipient is a governmental or quasi-governmental
agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments," and 0MB Circular A-87
would apply.]
Exhibit B-General Terms and Conditions
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 20 of 20
EXHIBIT "C"
RECORDS TO MAINTAIN
I. Program Records and Inspections
A. Contracts and Amendments
B. Records of City Approvals
C. Subcontracts and Agreements
D. Records Identifying the Assisted Activity
II. Program Benefit Records
III. Financial Records
IV. Records of Program Operations, Management and Evaluations
V. Property Records
VI. Procurement Records
VII. Nondiscrimination and Equal-Opportunity Records
VIII. Conflict of Interest
IX. Verification of Contractors Eligibility
X. Additional Requirements for Acquisition
or Improvement of Real Property Projects
XI. Retention of Records
Exhibit C-Records to Maintain
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
1
1
1
1
1
1
2
2
3
3
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Page 1 of 6
EXHIBIT "C"
RECORDS TO MAINTAIN
I. Program Records and Inspections
Throughout the term of the Agreement, the Subrecipient shall establish and maintain current
the records described below. Be advised that the listing below is intended only to assist the
Subrecipient in identifying the required records and their respective authorities, and is not all
inclusive.
A. Contract and Amendments -A complete copy of the Agreement and all amendments
thereto and notices there under.
B. Records of City Approvals -Copies of all requests for amendments or revisions to the
Agreement and the City's subsequent approval or denial of such requests as are required
under the Agreement.
C. Subcontracts and Agreements -Complete copies of all contracts, subcontracts, and
agreements with third parties into which the Agency enters in the performance under the
Agreement; and all correspondence, reports, and other documentation pertaining to such
contracts, subcontracts, and agreements.
D. Records identifying the assisted activity -A complete description of each activity
assisted, in whole or in part, with CDBG funds under the Agreement, including:
I. Location( s ), organization, operating hours, qualifications for service or participation,
etc.;
2. Fees or charges for services, fee waivers, or fee scales for CDBG-assisted
participants.
II. Program Benefit Records
As applicable, the following categories of records shall be maintained, for the discrete
activities which are assisted in whole or in part with funding under the Agreement ( or for all
the Subrecipient' s activities if funding under the Agreement is not specifically allocated to
particular activities) for the purpose of documenting that a majority of the beneficiaries are
persons offow-or moderate-income.
A. Records specifying by dollar amount, family size, and household income limits used to
determine income level;
B. For service activities serving individual clients without regard to their residence location
within the City/County, records documenting: (a) manner in which each client's income
is determined in all cases; (b) determination that each individual client's income is or is
Exhibit C-Records to Maintain
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 2 of 6
not within low-or moderate-income limits; (c) date determination was made; and (d)
tabulation of the individual determinations.
C. For a service or facility which exclusively serves a class of beneficiaries, the members of
which are presumed to be low-or moderate-income eligible absent general evidence to
the contrary (abused children, battered spouses, senior citizens, adults meeting the Bureau
of the Census' Current Population Reports definition of "severely disabled," homeless
persons, illiterate persons, persons living with AIDS and migrant farm workers), records
documenting: (1) that the facility exclusively serves the eligible class; and (2) there is no
generally available data indicating a specific population served is not predominantly low-
or moderate-income.
D. For a service or facility which offers benefits uniformly without regard to income to all
persons residing within a delineated area, records establishing: (1) boundaries of the
service area; (2) the income characteristics of families and unrelated individuals in the
service area; and (3) if the percent oflow-and moderate-income persons in the service
area is less than fifty-one (51) percent, data showing that the area qualifies under the
exception criteria set forth at 24 CFR § 570.208(a)(l)(ii)
III. Financial Records
Subrecipient shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under the Agreement, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances (2 CFR part 200 subpart F). The records must:
A. Permit comparison of actual outlays with budgeted amounts;
B. Permit reporting of financial data on the accrual basis;
C. Be supported by source documentation;
D. Be independently audited usually annually, but not less frequently than every two years.
IV. Records of Program Operations, Management and Evaluation
Subrecipient shall maintain all records of:
A. Operating policies and procedures;
B. Employee qualifications, training, and evaluation;
C. Principal operations data: work units completed; clients served, classified by client and
service characteristics; staff hours utilized; etc.
D. Self-evaluation of services, programs and employment practices for compliance with 504
and ADA requirements.
Exhibit C-Records to Maintain
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
'Page 3 of6
V. Property Records
Subrecipient shall maintain all records identifying any real and personal property acquired or
improved in whole or in part with funds under the Agreement as follows:
A. Itemized inventory of real property recording legal and common descriptions and
address, date of acquisition and/or improvements, cost of acquisition and/or
improvements, and CDBG-funded share of cost;
B. Itemized inventory of all non-expendable personal property recording full identification,
current location, date and cost of acquisition, and CDBG-funded share of cost;
C. Complete records of any authorized disposition of real or non-expendable personal
property including how and to whom disposed, date, amount of disposition proceeds,
market value at time of disposition and how determined, intended use, and any conditions
governing use following disposition;
D. At the termination of the Agreement, a record of the total purchase cost of all remaining
unused expendable personal property.
VI. Procurement Records
Subrecipient shall maintain all records of:
A. Subrecipient's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
B. Subrecipient' s standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types.
C. Subrecipient's individual purchases or contracts over $10,000 as required by 2 CFR part
200.317 -200.326.
D. Subrecipient's procurement procedures utilized and the bases for supplier
selection/contract award, for individual purchases or contracts over $10,000.
VIL Nondiscrimination and Equal-Opportunity Records
Subrecipient shall maintain:
A. A recordation and tabulation of the racial classification of all individual persons or
households receiving program benefits, and of whether these benefited persons are single
head of household.
Exhibit C -Records to Maintain
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 4 of 6
B. A tabulation of all Subrecipient employees classified by race, position, and salary in the
format of the U.S. Equal Employment Opportunity Commission Form EEO-4.
C. Data identical to that required under A. and B. above for any subcontractor or agent
employed in the performance under the Agreement.
D. Documentation of all substantive actions taken to assure that no prohibited discrimination
occurs in the conduct of any of the Subrecipient's operations.
E. Documentation of all actions taken to make minority residents aware of the
Subrecipient's services and provide them with equal access to benefits.
F. Record of the racial classification and gender of the majority owners of each private for-
profit business with which the Subrecipient contracts with any funds provided under this
Agreement.
VIII. Conflict of Interest
A. Records documenting that all Subrecipient board members, officers, employees and
consultants have been informed of the conflict of interest provisions of 2 CFR part
200.112 and have acknowledged understanding those provisions.
B. Complete records of all requests for exceptions submitted under 24 CFR § 570.611 ( d).
IX. Verification of Subcontractor's Eligibility
The Subrecipient shall maintain records documenting that the Subrecipient, all
subcontractors, and consultants have been determined not to be currently debarred,
suspended, denied participation or declared ineligible to participate in federal government
funded programs. Verification of eligibility shall be accomplished by signing the
Certification Regarding Debarment and Suspension, which is attached and incorporated as
Exhibit "F".
X. Additional Requirements for Acquisition or Improvement of Real Property Projects
A. For construction contracts exceeding the Simplified Acquisition Threshold, records
documenting compliance with the bonding requirements of 2 CFR 200.325.
B. Flood Insurance, Flood Disaster Protection Act of 1973; and Federal Insurance
Administration Notice in Federal Register Vol. 24, No. 133, July 13, 1989.
1. Record of determination whether the assisted project is located within a designated
flood plain or flood hazard area.
Exhibit C-Records to Maintain
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 5 of 6
2. If the project is within such area: (1) Evidence of current participation in the National
Flood Insurance Program; and (2) Evidence of flood insurance coverage in force on
all significant project structures.
C. Lead-Based Paint-Records required to document compliance with the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. §§ 4801, et seq.), as amended and the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851, et seq.), and the
implementing regulations 24 CFR § 35.
D. Labor Standards -Records required to document compliance with all requirements of
Davis-Bacon and Related Acts (40 U.S.C. §§ 3141 and 3142); Contract Work Hours and
Safety Standards Act (40 U.S.C. § 3701, et seq.); Copeland Act (18 U.S.C. § 874); US
Secretary of Labor Regulations (29 CFR §§ 3, 5, 6, and 7).
E. Real Property Acquisition and Relocation -Records required to document compliance
with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, 42 U.S.C. §§ 4601, et seq., as amended; and the implementing regulations 49 CFR
§ 24. The Subrecipient shall consult the City for complete instruction prior to
undertaking any action which may result in displacement of persons as defined at 49 CFR
§ 24.2(g).
F. Miscellaneous Records -The Subrecipient shall maintain such other records as may be
required by HUD or the City.
XI. Retention of Records
Except where otherwise specifically provided, all records as of the end of the term of the
Agreement shall be kept in an accessible file for four (4) years thereafter (2 CFR part
200.333). Exceptions to the four (4) year retention period are as follows: (1) Records that are
the subject oflitigation, claim, or audit findings shall be retained for ten (10) years after the
date all issues have been resolved and final action taken; and (2) Records for real property
and equipment shall be retained for three (3) years after its final disposition, with the
retention period starting from the date of the disposition, replacement, or transfer at the
direction of the City (24 CFR § 570.84(b)).
Exhibit C-Records to Maintain
City of Marysville -CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Page 6 of 6
EXHIBIT D
QUARTERLY PROGRAM REPORT
To: City of Marysville From: (Subrecipient)
Name: Amy Hess Name:
Department: Community Development Agency:
Address: 80 Columbia Avenue Address:
City, State, Zip: Marysville, WA 98270 City, State, Zip:
Voice: 360.363.8215 Voice:
Fax: 360.651.5099 Fax:
e-mail: ahess®marvsvillewa.aov e-mail:
Reporting Period Program
S 1 P ec rogram M'I t , es ones
Program Milestones Comments Accomplished
ec o e: n up ,ca e c 1en coun s mus S 2NtUd l'tdl't t tb e reporte db h ot quarterly an d d year-to-ate
Service Unit/Performance Measure 1st 2nd 3rd 4th Year to Date
Total
Marysville Persons Served
Marysville families/households Served (subset of above)
Sec. 3: Provide a narrative explanation if performance measures were not met for the contract vear.
Exhibit D -Quarterly Program Report
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
D-1
Sec. 3: Race/Ethnicity
NOTE: Column A should equal the totals in the race groups (columns H-R). The totals for the three income
groups (columns B-E) should equal the total in column A. If you serve a "Presumed Benefit" clientele, write
"PB" in columns C-E instead of numbers. Columns F and G should equal total in column A. Columns S and T
stand alone.
w + 0 w + 0 + + 0 Ill + w II 0 $ + +
Ill 0 $ II + $ 0 C:
+ :!!1 Ill c3 "'C $ (I) II -C: $ Q) .!!1 en $ E "cii c3 en -~. en 0
<( Q) c u
. c3 .!!1 E en E C: c3 3: "'C ·o u 0 0 u 0 en : 2 C Q) ....I ·2 I-E Q) ' >, Cll l 2 C. c.. 0 ai -~ 0 ~ u en =1:1: C E C :i: ....I Q) ' Q) Cll 1§ I I MONTH C "'C 3: ... C. C 0 0 x en 0 0 0 t-z 2 ....I w :i: z
A B C D E F G
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
YTD
Exhibit D -Quarterly Program Report
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
C: Cll u ·c
(I)
E <(
C:
Cll u ~ <( .
2 .!I<: 32 u u :c Cll Cll
I-s in in (I)
"'C "'C "'C "'C C: C: C: C: Cll Cll 2 Cll Cll
Q) ]l (I) :c Q) (I) -~ -~ s -~ > m u m m ~ i;:::: z ·13 z "'C z z "'C
Cll C: 0 C: C: Cll C: C: Cll c.. Cll Cll Cll en .c: C: I-C: Q) Q) .!I<: .!I<: .la:: .la:: Cll en Q) en Cll en en ~ en -~ Cll .c: Cll u Cll Cll ::,
<ii 0 -~ :0 0 ~ ~ ~ ~ iii Cll I E --E en C: C: C: 2 C C: ·13 -. <( Cll .!!l Cll <( Cll Cll i5 0
. '8 '8 :c '8 '8 ~ C: "iii s C :5 "'C
Cll E 3: E Cll E E ;. Cll -~ Q) u "'C u "5 E C Cll C ~ C C: I I ·C 2 ~ Cll Cll Cll Cll Cll en Q) -~ Q) u u -~ C
2 C <ii -~ ·c C .la:: ·c <ii I-0 iii Q) :c u Cll Q) Cll u (I) ~ E Cll "iii E m E "iii Cll E E .c: 0 (I) Q) s in <( <( z <( <( in <( <( c.. LL.
H I J K L M N 0 p Q R s T
D-2
Sec 4 Homeless
Note: Complete only for individuals & families who have been assisted with transitional and permanent
housing.
Unduplicated Units 1st 2nd 3rd 4th Year to Date
Individuals
Families
Total Homeless
Sec 5: Accomplishment
Complete for Public Services Projects:
Of the Total Persons, Number of: 1st 2nd 3rd 4th Year to Date
With New or Continuing Access to Service or Benefit
With Improved Access to a Service or Benefit
Receive a Service or Benefit that is No Longer
Substandard
Complete for Capital Facilities & Infrastructure Projects:
Of the Total Persons, Number of: 1st 2nd 3rd 4th Year to Date
With New Access to this type of Public Facility or
Infrastructure Improvement
With Improved Access to this Type of Public Facility or
Infrastructure Improvement
With access to Public Facility or Infrastructure that is No
Longer Substandard
Complete for Homeowner Rehab Projects:
Of the Total Owner Units, Number of: 1st 2nd 3rd 4th Year to Date
Units Occupied by Elderly
Units moved from Substandard to Standard
Units Qualified as Energy Star
Units built prior to 1978
Exempt from Lead Paint Requirements: No paint
disturbed
Exempt from Lead Paint Requirements: Housing
constructed 1978 or later
Person completing the form: __________________________ _
(Printed Name & Title)
Exhibit D -Quarterly Program Report
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
D-3
Signed: ____________________ _
For Department Use Only: Enter notes if AQency underperformed.
For Department Use Only
Contractual Obligations Met
By:
Exhibit D-Quarterly Program Report
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
DATE: __________ _
Date:
D-4
Exhibit E
Request For CDBG Reimbursement
City of Marysville Community Development Department -80 Columbia Ave -Marysville, WA 982'.
Total Reimbursement Requested: ~I ___ $_0_.o_o~I
(Must match the "Reimbursement Requested -This Date" Total)
Subrecipient Contact
Agency Name:
(Street Address)
(City, State, Zip Code)
AUTHORIZED SIGNATURE:
Project No: -------
Project Title: Crosswalk Improve
Preparers Name: -------Reporting Period: -------
-------------------(must be original signature)
Reimbursement Requested CDBG Bud
BARS Expenditure Category This Date Cummulative Approved Total
10 Salaries/Wages
20 Benefits
30 Office & Operating Supplies
41 Professional Services
42 Postage
42 Telephone
42 Internet Access
43 Mileage
44 Advertising ,_
45 Operating Rentals/Leases
46 Insurance
47 Utilities
48 Repairs/Maint
49 Printing/Copying
49 Dues/Subscriptions
49 Registration/Tuition
49 Direct Client Assistance
49 Other (Please Specify)
64 Machinery/Equipment
Total Direct Costs 0.00 0.00 0.00
Admin/lndirect Costs
Total Project Costs 0.00 0.00 0.00
** Subrecipient must expend funds awarded under this Agreement in accordance with the approved budget set out in
subsequently amended. Amendments to the approved budget must be made in accordance with the Agreement and 1
Marysville procedures.
Compliance Review
CJ Authorized Signature
CJ Allowable/Eligible Costs
Grantee Manager ___________ _
Reimbursement Certification
City of Marysville CFDA 14.218 CDBG Entitlement
(Agency/Project)
D Within Budget
D Meets Contract Terms
Date ------
1 of 4
Reimbursement Certification
City of Marysville CFDA 14.218 CDBG Entitlement
(Agency/Project)
:70
~ment
(date)
jget **
Balance
0.00
0.00
1 the contract or
the City of
2 of4
Subrecipient:
Project Name:
Subrecipient Certification & Listing Of Actual Expenditures
Project Number:
Reporting Period:
Certification: The undersigned hereby certifies, under penalty of perjury, that -
(1) The following expenditures and accompanying documentation accurately reflect expenditures made by th
during the contract period for materials, services, or labor used to support the project;
(2) The following expenditures conform to the approved contract budget and federal guidelines contained in c
0MB Circulars, as required by 24CFR570.502(b).
(3) The contractor's financial management system complies with the standards established in 24CFR84.21.
Authorized Signature: -------------------
Invoice
Vendor BARS Reference
Number
(Use Additional Pages as Necessary)
Reimbursement Certification
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -PY2022
(must be original signature)
Description
Total:
Date:
Total Charc1
Amount Non-Grant
o.oo 1 o.oo 1
3 of 4
Reimbursement Certification
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -PY2022
1e contractor
all applicable
ed To:
Grant
o.oo 1
4 of4
City of Marysville
Exhibit F
Certification Regarding Debarment and Suspension
Subrecipient Contact:
Agency Name:
Street Address:
City, State, Zip Code:
Project No:
Project Title:
Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief that its
principals;
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records,
making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b)
of this certification; and
d. Have not within a three-year period preceding this application/ proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification (A)
1. By signing and submitting this proposal, the prospective primary participantis providing the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government/City of Marysville, the department or
agency may terminate this transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice to the department or
Exhibit F Certification Regarding Debarment
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -PY2022
Page 1 of 3
agency to which this proposal is submitted if at any time the prospective primary participant learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. 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 meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549. You may contact the department or agency to which this
proposal is being submitted for assistance in obtaining a copy of these regulations.
6. The prospective primary 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 debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency
entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu-
sion -Lower Tier Covered Transaction," provided by the department or agency entering into this
covered transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
8. 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 debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines this eligibility of its principals. Each
participant may, but is not required to, check the Non-procurement List.
9. 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 dealings.
10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government/City of Kent, the department or
agency may terminate this transaction for cause of default.
Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, 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.
2. 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 proposal.
Instructions for Certification (B)
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
Exhibit F Certification Regarding Debarment
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -PY2022
Page 2 of 3
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government/City of Kent, 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 person to
whom this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has 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 meanings 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 these 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 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 Exclu-
sion -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 debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, 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 Non-procurement List.
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 dealings.
9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a
lower covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government/City of Kent, the department or
agency with which this transaction originated may pursue available remedies including suspension
and/or debarment.
Primary Subrecipient/Sub-Contractor
(Print Below)
Authorized Signature
(Sign Below)
Exhibit F Certification Regarding Debarment
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -PY2022
Date
Title
Page 3 of 3
City of Marysville
Exhibit G
Certification Regarding Lobbying
Subrecipient Contact: City of Marysville Parks
Agency Name: City of Marysville
Street Address: 80 Columbia Ave
City, State, Zip Code: Marysville WA 98270
Project No:
Project Title: Cedar Field
The undersigned certifies, to the best of his or her knowledge and belief, that:
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 contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
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 Form to Report Lobbying", in
accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients 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, U.S. 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.
Name Title
(Print Below)
Authorized Signature Date
(Sign Below)
Federal Register Vol. 54. No. 243 / Wednesday, December 20, 1989 / Notices
Exhibit G Certification Regarding Lobbying
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
52323
Page 1 of 4
DISCLOSURE OF LOBBYING ACTIVITIES Approved by 0MB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
□ a. contract □ a. bid/offer/application □ a. initial filing
b. grant b. initial award b. material change
C. cooperative agreement c. post award
d. loan For Material Change
e. loan guarantee Only:
f. loan insurance year quarter
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is
□ Prime □ Subawardee Subawardee, Enter Name and Address of
Tier __ , if known: Prime:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known: $
10. a. Name and Address of Lobbying Entity I b. Individuals Performing Services
(if individual, last name, first name, Ml): I (including address if different from No. 1 Oa) I
I (last name, first name, Ml): I
I
(attach Continuation Sheet(s) : SF-LLL-A, if necessary)
11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply):
$ □ actual □ planned □ a. retainer
□ b. one-time fee
12. Form of Payment (check all that apply): □ C. commission
□ a. Cash □ d. contingent fee
b. In-kind; specify: nature: □ e. deferred □ value: □ f. other; specify:
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for payment indicated in item 11:
(attach Continuation Sheet(s) SF-LLL-A if necessarv)
15. Continuation Sheet(s) SF-LLL-A attached: □
16. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed by
the tier above when the transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352. This information
will be reported to the Congress semi-annually and will be available
for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Federal Use Only:
Exhibit G Certification Regarding Lobbying
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Yes No
Signature:
Print Name:
Title:
Telephone No.: Date:
I Authorized for Local production
Standard Form -LLL
Page 2 of 4
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INSTRUCTION FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or
receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a
form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on
the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing
guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome
of a covered action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred. Enter
the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to
be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime
is the 1st tier. Subawards include but at not limited to subcontracts, subgrants and contract awards under grants.
5. Of the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state, and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan
award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-
001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the
report entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from
10(a). Enter Last Name, First Name, and Middle Initial (Ml).
1. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to
the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).
Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned
to be made.
2. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind
contribution, specify the nature and value of the in-kind payment.
3. Check the appropriate box(es). Check all boxes that apply, If other, specify nature.
4. Provide a specific and detailed description of the service that the lobbyist has performed, or will be expected to perform,
and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent
in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s),
employee{s), or Member(s) of Congress that were contacted.
5. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
6. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction
Project (0348-0046), Washington D.C. 20503.
Federal Register/ Vol. 54, No. 243 / Wednesday, December 20, 1989 / Notices
Exhibit G Certification Regarding Lobbying
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
52325
Page 3 of 4
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Approved by 0MB
0348-0046
Reporting Entity: ________________________ .Page ___ of __ _
Exhibit G Certification Regarding Lobbying
City of Marysville CFDA 14.218 CDBG Entitlement
Marysville Parks -Cedar Field PY2022
Authorized for Local Reproduction
Standard For -LLL
Page 4 of 4