11-29-21/Subrecipient AgmtSUB -RECIPIENT INTERLGCAL AGREEMENT
Between the City of Kalispell and
Samaritan House, Inc.
THIS AGREEMENT is entered into on this day of tAoV 20211 by and between
the City of Kalispell (hereinafter referred to as "the City") and Samaritan House, Inc., a private.
non-profit corporation incorporated under the laws of Montana (hereinafter referred to as "the
Agency") in regard to the administration of the Montana Department of Commerce Community
Development Block Grant Contract #MT-CDBG-PL-20-07, (hereinafter referred to collectively as
the "Contract") between the Montana Department of Commerce (hereinafter referred to as
"MDOC") and the City.
WITNESSETH
WHEREAS, the City has been granted Montana Department of Commerce Community
Development Block Grant Program funding for planning activities approved by the MDOC under
the Community Development Block Grant Program on behalf of Samaritan House Inc.; and
WHEREAS, the City will contract with the Agency to carry out the CDBG approved CDBG
Program activities as set forth in the in the Montana Department of Commerce Community
Development Block rant Program Contract #MT-CDBG-P.L-20-07.
WHEREAS, the Agency agrees to operate, manage, and maintain the activities, documents and
reporting requirements set forth in the Contract to make these available to all income qualified
residents within the City limits without regard to race, color, religion, creed, political ideas, gender,
age, marital status, physical or mental disability, or national origin and with granting agencies
required guidelines; and
WHEREAS, the parties to this Agreement understand that neither party has in any way abrogated
any of its individual powers, and that this Agreement does not create any new organization or legal
entity.
NOW. THEREFORE, THE CITY AND THE AGENCY MUTUALLY AGREE AS FOLLOWS:
I. Responsibilities Delegated to the A e� ncv_
A. Grantee shall, in performance of work under this Contract, fully comply with all
applicable federal, state, or local laws, rules, regulations, and executive orders
including but not limited to, the Montana Human Rights Act, the Equal Pay Act
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SUB -RECIPIENT PTIERLOCAL AGREEMENT
City of Kalispell Samaritan House. Inc.
of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the
Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation
Act of 1973. Grantee is the employer for the purpose of providing healthcare
benefits and paying any applicable penalties, fees and taxes under the Patient
Protection and Affordable Care Act [P.L. 111-148, 124 Stat. 119]. Any
subletting or subcontracting by Grantee subjects subcontractors to the same
provisions. In accordance with 49-3-207, MCA, and Executive Order No. 04-
2016. Grantee agrees that the hiring of persons to perform this Contract will be
made on the basis of merit and qualifications and there will be no
discrimination based on race, color, sex, pregnancy, childbirth or medical
conditions related to pregnancy or childbirth, political or religious affiliation or
ideas, culture, creed, social origin or condition, genetic information, sexual
orientation, gender identity or expression, national origin, ancestry, age,
disability, military service or veteran status, or marital status by the persons
performing this Contract.
B. The Agency will comply with all. applicable parts of the Housing and
Community Development Act of 1974, as amended, 42 U.S.C. §§ 5301, et seq.;
the applicable Department of Housing and Urban Development (HUD)
regulations, including but not limited to 24 CFR Part 570 and Form HUD4010,
as now in effect or as amended during the term of this Contract. The Grantee
will comply with all applicable local, state, and federal laws as well as all
applicable regulations, ordinances, and resolutions now in effect or as may be
amended during the term of this Contract. Grantee will comply with all
administrative directives and procedures that may be established or amended by
the Department for the Program, including the most current version of the
CDBG/NSP Grant Administration Manual and CDBG Application &
Guidelines for Housing, Public Facilities, and Economic Development Planning
Grants, as amended;
C. The Agency agrees to carry out the duties and responsibilities assigned in the
Contract.
D. The agency agrees to review and maintain all documentation for the project.
Including but not limited to MDOC communications, City communications,
professional services communications, professional services invoices, reporting
documents and fund tracking documents.
E. The Agency will pay costs associated with the project and receive
reimbursement`s upon request and receipt of funds from MDOC to the City.
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SUB -RECIPIENT N ERLOCALAQ2IDVIENr
City of Kalispell Samaritan House, Inc.
F. The Agency agrees to provide to the City copies of all project progress reports,
status of fund reports, fund request reports, project completion reports and
supporting documents to prior to submission to the MDOC.
G. The Agency will provide all requested information during MDOC monitoring
and inspection.
H. The Agency will comply with the applicable procurement requirements set forth
24 CFR §85.36. The Agency will provide to the City copies of all quotes and any
other documents as requested by the City and MDOC. The Agency shall procure
all materials, property, or services in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurement Standards.
II. Duration of the Agreement
A. This Agreement takes effect when the following conditions are satisfied:
1. The MDOC and the City have executed the Contract;
2. The attorney for the City and the attorney for the Agency have approved
this Agreement as to fortn and content; and
3. The City's Manager and the Agency's Executive Director have each
reviewed this Agreement, agreed fully to its terms and conditions, and
executed the same.
B. This Agreement will be in effect for the duration of the grant contract period.
C. The Agency agrees to create and maintain records supporting the services covered
by this Contract, including but not limited to, financial records, supporting
documents, and such other records as are required by law or other authority, for a
period of five (5) years after either the termination date of the Contract or the
conclusion of any claim, litigation, or exception relating to the Contract taken by the
State of Montana or third party, whichever is later. These records will be kept in the
Grantee's offices in Kalispell, Montana.
A. The Agency does not assume the City's environmental responsibilities described
at 24 CFR Part 58.
B. The Agency does not assume the City's responsibility for initiating the review
process under the provisions of 24 CPR Part 52.
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City of Kalispell Samaritan House. Inc.
IV. Indemnification
The Agency shall indemnify and hold harmless the City, the City Development Services
Department, and their agents and employees from and against all claims, damages, losses and
expenses, including attorney fees, arising out of, or resulting from, the Agency's performance of
its obligations under this Agreement, provided that any such claim, damage, loss, or expense is:
A. Attributable to bodily injury, sickness, disease or death or to damage or
destruction of tangible property, including the loss and use resulting therefrom;
and,
B. Is caused in whole or in part by any negligent act or omission of the Agency or its
contractor(s), and subcontractor(s), or anyone directly or indirectly employed by
any one of them, for whose acts any of them may be liable, regardless of whether
or not it is caused in part or by a party indemnified hereunder.
V. Debarment
The Agency certifies and agrees to ensure during the term of this Agreement that neither it nor
its principals, contractors, subcontractors, or sub -recipient entities are debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily or otherwise excluded from or
ineligible for participation in this Agreement by any governmental department or agency or in
any Federal assistance programs under Executive Order 12549, "Debannent and Suspension."
VI. Access to and Retention of Records
A. In accordance with the requirements of 24 CFR § 570.502 and 24 CFR § 85.42,
the Agency shall create and retain records of the services covered by this
Agreement, including but not limited to financial records, supporting documents,
and such other records as are required by law, for a period of five (5) years after
either the completion date of this Agreement or the conclusion of any claim,
litigation, or exception relating to this Agreement taken by the State of Montana,
the City, or third party, whichever is later. These records will be kept in the
Agency's offices in Kalispell, Montana.
B. In accordance with the requirements of 24 CFR § 570.502 and 24 CFR § 85.42,
the Agency shall provide MDOC, HUD, Comptroller General of the United
States, Montana Legislative Auditor, or their authorized agents access to any
records necessary to determine compliance with the Agreement and to make
audits, examinations, excerpts, and transcripts.
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SUB -RECIPIENT INTERLOCAL A(RESVIENT
City of Kalispell Samaritan House, Inc.
LIVAIM—�! \-$•
The Agency shall submit regular progress reports and supporting document to the City in the
form, content, and frequency as required by the City and MDOC.
VIII. Assignment. Transfer. and Subcontracting
The Agency may not assign, transfer, or subcontract any portion of this Agreement without prior
written approval by the City and MDOC. If such approval is granted, the Agency accepts
responsibility for the adherence to the terms of this Agreement by such contractors,
subcontractors, or sub -recipient entities and by any public or private agents or agencies to which
it delegates authority to carry out any portion(s) of this Agreement.
IX. Suspension or Termination
In accordance with 24 CFR 84.61, the City may suspend or tenninate this Agreement if the
Agency materially fails to comply with the terms and conditions of this Agreement, or if the
Grant Contract is terminated by MDOC in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth
below.
CITY OF KALISPELL
BY: %G
D ug R ell, City Manager FI
O .
ATTEST;GS
1892
Airrke Brunckliorst, City Clerk
STATE OF MONTANA ) '��'��,,..• ����`��``
f �f 111�
County of Flathead )
On this .day of n,DV Cub PI , 2021, before me, a Notary Public for the State
of Montana, personally appeared Doug Russell, City Manager of the City of Kalispell, and Aimee
Brunckhorst, City Clerk of the City of Kalispell, and acknowledged to me that they executed the
written instrument on behalf of said entity.
PaLre - 5
JUDI A. FUNK
NOTARY PURI,I % PIE. T MERLOCAL Ate'
State of M�rfttd�PP11��
Residing at Kalispell, Montana �)
My Commission Expires / �� "samaritan House, Inc.
February 25.2024
Samaritan House, INC.
BY:%� � &d=- -
I•' I
Chris Krager, Ex tive Director
STATE OF MONTANA
County of Flathead )
On this rjday of 2021, before me, a Notary Public for the State
of Montana, personally appeared Chris Krager, Executive Director of Samaritan House, Inc., and
acknowledged to me that they executed the written instrument on behalf of said entity.
SA -
CHELSEA SANDERS
��ysfp
4 �ptARlq, '9�,
NOTARY PUBLIC for the
State of Montana
* SEAL *
F esiding at Somers, Montana
'"ryf P�Q
FOFMOt�
My Commission Expires
February 25, 2025
APPROVED AS TO FORM:
e
BY:
Chris Krager
Samaritan House, Inc. ecutive Director
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Charles A. Harball
City Attorney
SUB -RECIPIENT I TERLOCAL ACREF1v Wr
City of Kalispell Samaritan House, Inc.