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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 Page - I 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. Page - 2 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. Page - 3 SUB -RECIPIENT WERLOGALAMEMENT 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. Page - 4 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 Page - 6 -- Charles A. Harball City Attorney SUB -RECIPIENT I TERLOCAL ACREF1v Wr City of Kalispell Samaritan House, Inc.