Orange County NC Website
Browse       Search
62 <br /> APPENDIX 1: Subrecipient or Contractor Classification Checklist <br /> If Orange County wishes to contract with another government entity or a private entity and use ARP/CSLFRF funds <br /> to pay for that contract,the County must determine if the relationship with the outside entity is a contractor or <br /> subrecipient.To make this determination the County must review the project proposal, budget classification,and <br /> other related proposal documents,as well as engage in discussions with key personnel about the nature of the <br /> proposed agreement.The determination of whether a proposed agreement involves a contractor or subrecipient <br /> relationship must be recorded on this form and maintained in the project file for the duration of the records <br /> retention period for ARP/CSLFRF records. <br /> Instructions:Complete Sections one through three.The section with the greatest number of marked <br /> characteristics indicates the likely type of relationship.The substance of the relationship should be given greater <br /> consideration than the form of agreement between the County and outside entity. In borderline cases,the County <br /> may either provide a written justification for its determination in Section three or, if appropriate, restructure the <br /> agreement to more clearly define it as either a contractor or subrecipient relationship. <br /> Name of Outside Entity: <br /> Section 1--Brief Description of Nature of Proposed Agreement: <br /> Section 1--Subrecipient.A subaward is for the purpose of carrying out a portion of a Federal award and creates a <br /> Federal assistance relationship between the recipient and the subrecipient.Subrecipients may have one or more of <br /> the following characteristics: <br /> ❑ May determine who may be eligible to receive Federal assistance under the program guidelines. <br /> For example:A Subrecipient that identifies mentors and mentees under a mentoring program. <br /> ❑ Has its performance measured in relation to whether objectives of a Federal program were <br /> met? The recipient will rely upon the subrecipient's data to submit its own performance <br /> data to Treasury. <br /> ❑ Has responsibility for programmatic decision making. For example:If the recipient funds <br /> a Subrecipient to develop(or improve)a particular program and the subrecipient will use <br /> its own judgment discretion, and expertise to develop all or part of the program. <br /> ❑ In accordance with its subaward agreement(which may be in the legal form of a contract), <br /> the subrecipient uses the Federal funds to carry out a program for a public purpose specified <br /> in authorizing statutes,as opposed to providing goods or services for the benefit of the <br /> recipient.For example:To provide crime-or criminal-justice-related services(and, in the <br /> case of crime victims, compensation)to individual members of the public,such as victims <br /> of crime, or at-risk youth. <br /> ❑ The subrecipient will not earn a profit under the agreement. <br /> ❑ The subrecipient is required to contribute cash or in-kind match in support of the subaward. <br /> Section 2--Contractor.A contract is for the purpose of obtaining goods and services for the recipient's own use and <br /> creates a procurement relationship between the recipient and the contractor. Entities that include these <br /> characteristics are not subject to compliance requirements of the Federal program because of the agreement,though <br /> similar requirements may apply for other reasons. A contractor relationship may have one or more of the following <br /> characteristics: <br /> 10 of 39 <br />