Intracity Service Agreement
NO. XXX-XXX-XXX-XXX
Between the
CITY OF RICHMOND FINANCE DEPARTMENT
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
And the
ECONOMIC DEVELOPMENT DEPARTMENT
Recipient Legal Name: Economic Development Department
Unique Entity Identify (UEI) Number: W856SVG77LP8
Mailing Address for Payment: 450 Civic Center Plaza Richmond, CA 94804 Award Period of Performance: Start: 12/05/2023 End: 12/31/2026 Total Amount of Federal Funds Obligated: $ 2,000,000.00 Award Budget Period: Start: 12/05/2023 End: 12/31/2026 Approved Indirect Cost Rate: N/A
Match or Cost Sharing: N/A
Federal Award Information funding this award in part or in its entirety Assistance Listing #: 21.027
Program Name from Assistance Listing #: Coronavirus State and Local Fiscal Recovery Fund Federal Award Identification Number (FAIN): SLFRP0002
Federal Award Date: 08/06/2021
Total Amount of the Federal Award to Pass-Through
Entity (PTE):
$27,740,723.00
Federal Award Project Description: To assist with the recovery from the COVID-19 Pandemic.
Name of Federal Awarding Agency, PTE, and Contact
Information for Awarding Official at PTE
U.S. Department of Treasury
Is the award for research and development (R&E)? No
Indirect Cost Rate for the Federal Award (PTE’s rate
and base)
N/A
Federal Conditions for Interagency Agreements (highlight those that apply) See: https://home.treasury.gov/system/files/136/SLRF_ObligatingFunds_Jul11.pdf
ONE requirement from Column A: ALL requirements from Column B:
Imposes conditions on the use of funds by recipient
agency, department, or part of government receiving
funds to carry out the program
Sets forth specific requirements (e.g., scope of work and project deliverables)
Governs provision of funds from one agency,
department, or part of government to another to carry
out an eligible use of SLFRF funds
Is signed by the parties or otherwise evidences assent of parties
Governs the procurement of goods or services by one
agency, department, or part of government from another
Does not disclaim binding effect or state that it does not create rights or obligations
This Grant Agreement (“Agreement”) is entered into by and between the City of Richmond Finance (hereinafter referred to as “Grantor”) located at 450 Civic Center Plaza Richmond, CA 94804 and the Economic Development Department, (hereinafter referred to as “Recipient”), to set forth the terms and conditions under which the Grantor will provide assistance to the Recipient. This Agreement is an award of federal grant funds under the Coronavirus State and Local Fiscal Recovery Fund program (Assistance Listing # 21.027).
THEREFORE, it is agreed that the Grantor shall provide funding to the Recipient for services under the terms of this Agreement.
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to authorize use and provide funds from the American Rescue Plan Act (“ARPA”) to the Recipient under Treasury Expenditure Category 6.1: Provision of Government Services.
On January 6, 2022, the U.S. Department of Treasury (“Treasury”) released the Final Rule (the “Rule”), which identifies many ways in which the ARPA’s Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) can support communities working to reduce and respond to the adverse health and economic impacts resulting from the COVID-19 pandemic.
The Nystrom Village Affordable Housing Program, delivered by the Economic Development Department, is a government program designed to support the pre-development costs for the redevelopment of Nystrom Village public housing units.
Under this Agreement, the Recipient’s services must be provided in compliance with the rules of the ARPA. The most current published rules can be found at: Treasury’s Final Rule; https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf.
II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024, contingent upon funding.
III. DESCRIPTION OF SERVICES
Recipient shall:
1. Deliver the Nystrom Village Affordable Housing Program in accordance with Attachment A – Project Proposal.
2. Maintain a tracking of total expenditures and report to Grantor as outlined in Section V or as additional ARPA guidance becomes available.
IV. USE OF FUNDS
1. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
2. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
3. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
4. Recipient may use funds provided under this award to cover both direct and indirect costs. As listed in Attachment A – Project Proposal approved budget.
V. MANNER OF FINANCING
Grantor shall:
1. Provide to Recipient a contract amount of up to $2,000,000.00, for costs associated with the Recipient’s activities referenced in Section III and Attachment A - Project Proposal, incorporated into this contract in its entirety.
2. Provide payment upon Grantor’s receipt and approval of invoices (Request’s for Reimbursement) and programmatic reports for services performed and/or goods received. Invoices may include approved purchases by Recipient so long as the purchase was made solely for the benefit of the Nystrom Village Affordable Housing Program.
3. Any unused funding pursuant to this agreement at the termination date shall be transferred back to the Grantor and the remaining balance of the award de-obligated.
4. The Assistance Listing No. is 21.027 for all activity associated with this agreement.
5. Questions regarding the appropriate use of the funds and/or invoices shall be resolved by mutual written agreement between the Recipient and the Grantor. The Grantor may withhold payment of such questioned costs until reasonable questions are resolved.
The Economic Development Department shall:
1. Use the funds received from Grantor only to support the activities outlined in Section III of this Agreement and Attachment A.
2. Agree that all in-state travel expenses shall be paid only in accordance with the Domestic Per Diem rates allowed under the City of Richmond Travel Policy, and the prevailing City of Richmond standard mileage rates
3. Assure that any expenses reimbursed under this Agreement have not been or will not be reimbursed under any other federal program.
4. Resolve questions regarding the appropriate use of the funds by mutual agreement between the Recipient and the Grantor.
VI. REPORTING REQUIREMENTS
The Recipient shall submit financial and programmatic reports to the Grantor for activities funded under this Agreement as requested. The Grantor expects full cooperation with requested information in a timely manner.
The format for these reports will be developed by the Grantor with input and agreement from the Recipient to ensure proper reporting of quantifiable impact metrics as required under Federal guidance. Recipient also agrees to comply with any reporting obligations established by Treasury as they relate to this award.
A. MONITORING: Per Uniform Guidance 2 C.F.R. § 200.332, to safeguard this award and ensure the use is for authorized purposes, in compliance with Federal statutes, regulations and the terms and conditions of this Agreement; and that the performance goals are achieved. Grantor and authorized third party shall conduct monitoring activities on agreed monitoring plan and/or necessary activities. Collaboration from Recipient at a minimum shall include the following; • Site Visits;
• Desk Reviews;
• Response to; findings, question costs, or corrective action plans.
VII. NON-AVAILABILITY OF FUNDS
Every payment obligation of the Grantor under the Agreement is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Grantor at the end of the period for which funds are available. No liability shall accrue to Grantor in the event this provision is exercised, and the
Grantor shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.
VIII. AUDIT
The Recipient shall retain and shall contractually require each contractor and subcontractor to retain all data, books and other records (“records”) relating to this Agreement for a period of five years after all funds have been expended or returned to Grantor, whichever is later. All records shall be subject to inspection and audit by the Grantor or federal audit authority, or any other authorized third-party at reasonable times. Upon request, the Recipient shall produce the original of any or all such records.
A. SINGLE AUDIT: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award, if the Recipient expends more than $750,000 in federal awards during its fiscal year. If such single audit applies, and an audit finding that is organization-wide and/or specifically affects the award, a copy of any such report shall be provided to the Grantor.
XII. FUND MANAGEMENT
The Recipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The Recipient must manage funds according to applicable federal regulations for administrative requirements, cost principles and audits.
The Recipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are:
• Financial Management 2 C.F.R. § 200.302
• Internal Controls 2 C.F.R. § 200.303
• Procurement Standards 2 C.F.R. §§ 200.317-200.327
• Personnel 2 C.F.R. §§ 200.430-200.431.
o Recipient shall maintain documented support for personnel costs (i.e., some form of time and effort documentation) to ensure in compliance with requirements • Property Standards 2 C.F.R. §§ 200.311-200.316
• Travel
A system is adequate if it is: 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied – it applies to all sources of funds. The Grantor reserves the right to review all business systems policies.
A. PROGRAM INCOME TREATMENT: If program income is created because of this award. Per 2 C.F.R § 200.307, program income must be added to the award. Any program income generated from this award must be used for the purposes and under the conditions of this Agreement. Program income includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under federal awards, the sale of commodities or items fabricated under a federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with federal award funds. Interest earned on advances of federal funds is not program income. For more information on what constitutes “Program Income” please see 2 CFR 200.1."
XIII. UNIQUE ENTITY IDENTIFIER (UEI)
Each successful Recipient who is awarded $25,000 or more must provide the following prior to an Agreement being executed a Unique Entity Identifier (UEI) assigned as proof of current registration in the System for Award Management (SAM/SAM.gov). Additionally, SAM registration must be in good standing
and maintained for the term of the Agreement. The SAM registration information may be found at https://sam.gov/content/home.
XIV. CLOSEOUT REQUIREMENTS
The Recipient shall submit a closeout package with both programmatic report and financial reimbursement request. 2 C.F.R §200.344, requires all information regarding the closeout of awards that would include compliance delivered with that 90-day timeframe.
At a minimum, the standard closeout package includes all final documents from the Recipient:
• a final progress/performance report;
• a final financial report;
• compliance confirmation, including any monitoring and/or site visit reports and communications along with any corrective action plan(s) approved and implemented; and • financial reconciliation between what was obligated to the Recipient and the amount of money the Recipient was reimbursed
XV. OTHER
It is agreed that the Parties to this Agreement have participated fully in the negotiation and preparation of the Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. The Parties acknowledge they have been advised by counsel, or have had the opportunity to be advised by counsel, in the negotiation and execution of the Agreement.
XVI. NOTICES
The Recipient shall address all notices relative to this Agreement to:
Andrea Miller
Director of Finance
City of Richmond
450 Civic Center Plaza Richmond, CA 94804
Email: [email protected]
The Grantor shall address all notices relative to this Agreement to:
Nannette Beacham
Director of Economic Development
PO Box 4046, Richmond, CA 94804
Email: [email protected]
IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement.
Economic Development Department CITY OF RICHMOND FINANCE DEPARTMENT
Name Date Name Date
Title Title
Attachment A – Project Proposal
Economic Development Department – Summary Sheet
UEI: W856SVG77LP8
Summary Scope of Work:
The Economic Development Department will be awarded $2,000,000 of ARPA funding to manage and administer the redevelopment of Nystrom Village. The purpose of the program is to develop new affordable and market-rate housing units and operate replacement affordable housing units for the redevelopment and operations of Nystrom Village by approximately June 30, 2030. The program is anticipated to result in continued housing for low to very low-income households and families, replace the existing 100 units of war era housing with new units to serve the same population, improve the physical conditions and financial performance of the historic four-block Nystrom Village.
Preliminary Budget:
Performance Period:
December 05, 2023 – December 31, 2026