HomeMy WebLinkAboutRes-2020-113 (2)BOARD OF COUNry COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
REsoLUrroN No. 2o2o - I lb
A RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT BETWEEN STATE
OF WASHINGTON OFFICE OF THE SECRETARY OF STATE AND KITTITAS COUNTY
WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for public
agencies to cooperate by providing services and facilities for mutual advantage; and
WHEREAS, the State of Washington Office of the Secretary of State (OSOS) and Kittitas County
Auditor's Office have the ability and desire to enter into such a cooperative agreement, a copy of
which is attached hereto and incorporated by reference as Exhibit A; and
WHEREAS, it is the purpose of this agreement to provide funding to "improve the
administration of elections for Federal office, including to enhance election technology and make
elections security improvements" to the systems, equipment and processes used in Federal elections;
NOW, THEREFORE, BE lT RESOLVED AND lT lS HEREBY ORDERED, That the agreement between
the State of Washington Office of State and Kittitas County to provide federal funds to "improve the
administration of elections for Federal office, including to enhance election technology and make
election security improvements" to the systems, equipment and processes used in Federal elections
is adopted and the signature of the Kittitas County Auditor on this agreement is acknowledged.
ADoPTED tnis 94v or ku.{4-2020
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BOARD OF COUNTY COMMISSIONERS
KIfiITAS W
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OFT D smith tr
Laura Osiadacz, Vice-Chair
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Julie A. Kjorsvik
Cory Wright, Commissioner
@sns Office of the Secretary of State
Operations Division
Contracts Department
PO Box 40224
Olympia, WA 98504-0224
contracts@sos.wa.gov
(}lS** *l the $e*ret*ry *Y $!*feffiP&,**
June 18,2020
Kittitas County
Jerry Pettit, Auditor
205 W. 5th Ave., Suite 105
Ellensburg, WA 98926
Dear Jerry,
Please find enclosed the Executed Agreement lG-6938 between the Office of the Secretary of
State and Kittitas County.
Please contact Jim Webster for questions regarding this contract at 360-704-5267, or by email
at contracts@sos.wa. qov.
Thank you,
Contracts Department
Enclosures
tG-6938
INTERGOVERNMENTAL GRANT AGREEMENT
BETWEEN
THE STATE OF WASHINGTON,
OFFICE OF THE SECRETARY OF STATE,
AND
KITTITAS COUNTY
THIS INTERGOVERNMENTAL GRANT AGREEMENT (this "Agreement" is made and entered
into between the Office of the Secretary of State, hereinafter referred to as "OSOS," and Kittitas
County, hereinafter referred to as "County."
AWARD IDE ICATION
Subrecipient name [County]
Subrecipient's unique entity identifier [Formerly
DUNS]
Federal Award ldentification number (FAIN)EAC 1 65 1 D B2020XX-2020-6 1 00000 1 -
41 0001-EAC1 908000000
FederalAward Date January 17,2020
Subaward Period of Performance Start and End
Date 12121t2019 -9t30t2024
Amount of Federal Funds obligated by this action by
the pass-through entity to the subrecipient $96,622.33
Total Amount of Federal Funds Obligated to the
subrecipient by the pass-through entity including the
current obligation
$96,622.33
Total Amount of State Fund $27,606.39
Total Amount of Award to County (Federal and
State Funds)$124,228.72
Federal award project description, as required to be
responsive to the Federal Funding Accountability
and Transparency Act (FFATA)
As authorized under Section 101 of the Help
America Vote Act of 20Q2 (P.L. 107-252) (HAVA)
and provided for in the Consolidated Appropriations
Act,2Q2A (Public Law 116-93), the purpose of this
award is to "improve the administration of elections
for Federal office, including to enhance election
technology and make election security
improvements" to the systems, equipment and
processes used in federal elections.
Federal Awarding Agency U.S. Elections Assistance Commission
CFDA Number and Name 90.404 HAVA Election Security Grants
Total Federal award amount $8,860,638 (Federal) $1,77 2,128 (State)
ls the Award Research and Development?No
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tG-6938
II. DEFINITIONS & INTERPRETATION
Except as othenryise provided herein, as used in this Agreement capitalized terms shall
have the following meanings:
means federal funds and matching state funds provided to the County under
this Agreement, pursuant to the Consolidated Appropriations Act, 2020, for the purpose
of improving the administration of elections for Federal office, including to enhance
election technology and make election security improvements.
"Business Dav" shall mean a day that is not either Saturday or Sunday and is not a
holiday observed by the State of Washington or a Federal holiday listed in 5 USC S
6103.
"EAC" means the Election Assistance Commission
UHAVA" means the Help America Vote Act of 2002
'S' means the State of Washington Office of the Secretary of State.
"OSOS SOC" means the Security Operations Center at the Office of the Secretary of
State.
"Securitv Assessment" means the documented findings provided to the County by
OSOS SOC of security risk concerns regarding County elections apparatus pursuant to
the Security Site Visit.
"Securitv Site Visit" means the site visit conducted by OSOS SOC in either 2019 or 2020
at the County facilities for the purpose of assessing security risks to County elections
apparatus and documenting identified concerns in the Security Assessment provided to
the County.
III. PURPOSE
It is the purpose of this Agreement to provide the County with federal funds and a state
matching share of funds as authorized under Section '101 of the Help America Vote Act
of 2002 (P.L. 107-252) (HAVA) and provided for in the Consolidated Appropriations Act,
2020 (Public Law 1 16-93). The purpose of this award is to "improve the administration
of elections for Federal office, including to enhance election technology and make
election security improvements" to the systems, equipment and processes used in
Federal elections.
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tG-6938
The Congressional Joint Explanatory Statement for the Consolidated Appropriations
Act,2020 (Public Law 116-93) provides the following:
Consistent with the requirements of HAVA, states may use this funding to: replace voting
equipment that only records a voter's intent electronically with equipment that utilizes a
voter-verified paper record; implement a post-election audit system that provides a high-
level of confidence in the accuracy of the final vote tally; upgrade election-related
computer systems to address cyber vulnerabilities identified through [Department of
Homeland Security] or similar scans or assessments bf existing election systems;
facilitate cybersecurity training for the state chief election official's office and local
election officials; implement established cybersecurity best practices for election
systems; and fund other activities that will improve the security of elections for Federal
office.
IV. AWARD
County is hereby awarded the amount of funds stated in Section I of this Agreement -
Total Amount of Award to County (Federal and State Funds).
V. STATEMENT OF WORK
The County shallfurnish the necessary personnel, equipment, material and/or service(s)
and otherwise do all things necessary for or incidental to the performance of work set
forth in this Agreement and in the Security Assessment.
The County must use the funds provided under this Agreement to resolve items
identified in the Security Assessment, starting with the most critical items on down to the
lower risk items, until all items have been resolved or there are insufficient funds to
resolve any remaining items. The risk areas in the Security Assessment that identify
items needing to be resolved include, in descending order of concern: Critical Risk
Areas, High Risk Areas, Moderate Risk Areas, and Low Risk Areas. lf there are multiple
items identified in a particular risk area, the County will consult with OSOS SOC to
determine the order in which those items should be addressed.
For each item in the Security Assessment the County seeks to address using funds from
this Award, the County must submit to the OSOS Project Manager identified in Section
XVlll of this Agreement a completed and signed Project Worksheet in the form of
Exhibit "A" attached hereto and incorporated herein. No Award funds shall be spent or
obligated by the County without prior written approval from OSOS of the project
described in the Project Worksheet.
The County will promptly notify OSOS SOC upon completion of each project, and OSOS
SOC will verify completion of projects in accordance with the Security Assessment
during subsequently scheduled site visits. lf at any time the County becomes aware that
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tG-6938
a project is unlikely to be or cannot be completed within the timeframe specified for
project completion in the Project Worksheet, the County will immediately notify OSOS
SOC of the same.
Any Award funds remaining after resolution of all items listed in the Security Assessment
can be used by the County for purposes consistent with the Consolidated Appropriations
Act, the Congressional Joint Explanatory Statement, and this Agreement. A request for
such use of Award funds by the County shall be made by submission to OSOS of a
completed and signed Project Worksheet in the form of the attached Exhibit "A". No
such Award funds shall be spent or obligated by the County without prior written
approval from OSOS of the project described in the Project Worksheet.
VI. UNALLOWABLE EXPENSES
Funds provided under this Award shall not be used for any electronic ballot transmission
products or services. Funds provided under this Award shall not be used to pay for
general operating expenses historically paid for with non-federal funds, as they may not
constitute an actual improvement to the administration of federal elections and would be
questioned in a federal audit. Per Section 101(c)(1)&(2) of HAVA, funds must be used in
a manner that is consistent with the laws described in Section 906 of HAVA and must
not be used in a manner that is inconsistent with the requirements of Title lll of HAVA.
Questions about whether an expense is allowable or unallowable should be directed to
the OSOS Project Manager.
VII. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on the date of execution
of this Agreement by the parties, and shall continue until September 30, 2024, unless
terminated sooner as provided in this Agreement.
Allowable and authorized expenditure of Award funds may commence as of December
21,2019, as provided in Section I of this Agreement - Subaward Period of Performance
Start and End Date.
VIII. ADMINSTRATIVE OBLIGATIONS OF COUNTY
Accountinq Standards
The County agrees to comply with 2 CFR 200 - Uniform Administrative Requirements,
Cost Principles, and Audit Requirements. The County agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred under this program.
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Cost Principles
The County shall administer its program in conformance with 2 CFR 200 Subpart E
(200.400-475). These principles shall be applied for all costs incurred whether charged
on a direct or indirect basis. The County agrees to adhere to the accounting principles
and procedures required therein.
Gountv Monitorinq and Management
County agrees to abide by, and cooperate with OSOS, in meeting the applicable federal
requirements for sub-recipient monitoring and management found in 2 CFR 200.331.
lnterest
The County shall place funds received pursuant to this Agreement in an interest bearing
account. All funds received pursuant to this Agreement will remain in that account until
spent by the County on allowable activities. lnterest earned on deposited funds will be
spent on allowable activities under this Agreement. ln the event of termination of this
Agreement in accordance with its terms, unspent or unobligated interest earned on
deposited funds shall be remitted to OSOS together with all other unspent or unobligated
Federal and state matching grant funds.
IX. GENERAL OBLIGATIONS OF THE COUNTY
General Standards
The County shall procure materials in accordance with the requirements of 2 CFR 200,
Subpart D regarding Procurement Standards, and shall subsequently follow 2 CFR 200,
Subpart D Property Standards, covering utilization and disposal of property.
Equipment
The purchase of equipment is an unallowable activity except when it is an integral part of
an eligible project or service. Equipment with a unit cost of $5,000 or more must have
prior approval from OSOS before any expense is incurred. The County shall comply with
its own current policies concerning the purchase of equipment and shall maintain
inventory records of all non-expendable personal property as defined by such policy, and
as may be procured with funds provided herein. All other program assets (property,
equipment, accounts receivable, etc.), other than unused grant funds and interest, shall
revert to the County upon expiration of this Agreement, unless this Agreement is
terminated under its own terms, or a different disposition of program assets is specified
separately in writing by the parties.
Page 5 of 21
lG-6938
Unused Funds
Unused grant funds, including unspent or unobligated interest earned on grant funds,
shall be returned to OSOS on or before December 20,2024, unless this Agreement is
terminated sooner in accordance with its terms.
X. DOCUMENTATION AND RECORDKEEPING
Records to be maintained
The County shall maintain all records required by the Federal regulations that are
pertinent to the activities to be funded under this Agreement. Such records shall include
but not be limited to:
a) Records providing a full description of each activity undertaken by the County
hereunder;
b) Records demonstrating that each individual activity undertaken by the County
meets one of the provisions in Section 101 of HAVA and the Congressional
Join Explanatory Statement for the Consolidated Appropriations Act of 2020:
c) Records required for determining the eligibility of activities;
d) Records documenting compliance with Davis Bacon and Related Acts;
e) Financial records as required by 2 CFR 200 Subpart D; and
f) Other records necessary to document compliance with applicable laws, rules,
and regulations.
Public Records Act
The County shall comply with the provisions of the Public Records Act, Chapter 42.56
RCW, and all other applicable records laws. When a public records request related to
this Agreement is received by the County, it shall provide notice to the OSOS Project
Manager identified in Section XVlll of this Agreement.
Format of records
Wherever practicable, the County shall collect, transmit, and store records related to this
Award in an electronic, machine readable format.
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Retention Period
The County shall retain all records according to applicable federal and state laws
Protections for Data
The County shall comply with all federal and state regulations to ensure proper disposal
of data.
XI. REPORTING REQUIRMENTS
Quarterlv Progress Reports
The County shall provide quarterly progress reports to the OSOS Project Manager on
the following dates of each year during the term of this Agreement:
. January 31
. April30
. July 31
r October 31
Quarterly progress reports shall detail the activities performed or in progress toward the
successful completion of the projects approved to utilize Award funds under this
Agreement.
Final Report
No later than October 31, 2024, or on such earlier date as the County has completed all
projects utilizing Award funds and has documented the same, the County shall submit a
final report to the OSOS Project Manager that provides a complete summary of the
projects undertaken, completed and funded in whole or in part utilizing Award funds
under this Agreement.
Other Reports
OSOS may, in its sole discretion, require more frequent activity or other related reports
from the County to monitor performance under this Agreement. Potential reasons why
OSOS may exercise such discretion include but are not limited to: (1) the County fails to
provide required reports under this Agreement in a timely manner or containing the
required information; (2) the reports submitted by the County indicate unfavorable trends
or conditions; or (3) the County is determined to be at high-risk of noncompliance.
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XII. AUDITS AND INSPECTIONS
Audits
lf the County expends $750,000 or more in Federal awards during its fiscal year, the
County is required to provide the appropriate single or program-specific audit in
accordance with the provisions outlined in 2 CFR Part 200.501.
lnspections and Interviews
County shall provide OSOS and its representatives, as well as authorized
representatives of the Federal awarding agency, lnspectors General, and the
Comptroller General of the United States, pursuant to 2 CFR 200.336, access to the
premises of the County at any time and from time to time during normal business hours
on any Business Day and upon reasonable notice under the circumstances for the
purposes of:
a) lnspecting and copying (at County's expense) any and all program documents
maintained by the County; and
b) Discussing the affairs, finances and business of the County with any representative
of County who is present at such premises or with the County Auditors to disclose to
OSOS and its representatives and/or any authorized representatives of the Federal
awarding agency, lnspectors General, and the Comptroller General of the United
States, any and allfinancial and other information regarding the County that is
reasonably related to the program.
XIII. AWARDCONTINGENCIES
The County shall implement or have implemented the Drug-Free Workplace
Requirements of 2 C.F.R. S 182.200 and comply with subpart C of 2 C.F.R. Part 180-
Debarment & Suspension & include in lower-tier covered transactions.
XIV. SUBCONTRACTS
The County shall abide by the following requirements and include all applicable
provisions in any subcontracts paid for with federal funds:
Page 8 of 21
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Equal Employment Opportunitv
All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal
Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and as supplemented by regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, and Department of Labor."
Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.G. 276c)
All contracts and subgrants in excess of $2,000 for construction or repair awarded by
County shall include a provision for compliance with the Copeland "Anti-Kickback" Act
(18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or
in Part by Loans or Grants from the United States"). The Act provides that each
contractor or County shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he is otherwise entitled. The recipient shall report all
suspected or reported violations to the Federal awarding agency.
Contract Work Hours and Safetv Standards Act (40 U.S.G 327-333)
Where applicable, all contracts awarded by County in excess of $2,000 for construction
contracts and in excess of $2,500 for other contracts that involve the employment of
mechanics or laborers shall include a provision for compliance with Sections 102 and
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102
of the Act, each contractor shall be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of
not less than 1 lz limes the basic rate of pay for all hours worked in excess of 40 hours
in the work week. Section 107 of the Act is applicable to construction work and provides
that no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
Riqhts to lnventions Made Under a Gontract or Aqreement
Contracts or agreements for the performance of experimental, developmental, or
research work shall provide for the rights of the Federal Government and the recipient in
any resulting invention in accordance with 37 CFR part401, "Rights to lnventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by
the awarding agency.
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Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act
(33 U.S.G. 1251 et seq.). as amended
Contractors and subgrants of amounts in excess of $100,000 shall contain a provision
that requires the them to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the
Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
Bvrd Anti-Lobbvinq Amendment (31 U.S.G. 1352)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352.
Each tier shall also disclose any lobbying in non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are fonvarded from tier
to tier up to the recipient.
Davis Bacon Act of 1931 (Public - No.403-74th Conqress IS.33031)
That the advertised specifications for every contract in excess of $2,000, to which the
United States or the District of Columbia is a party, for construction, alteration, and/or
repair, including painting and decorating, of public buildings or public works of the United
States or the District of Columbia within the geographical limits of the States of the Union
or the District of Columbia, and which requires or involves the employment of mechanics
andior laborers shall contain a provision stating the minimum wages to be paid various
classes of laborers and mechanics which shall be based upon the wages that will be
determined by the Secretary of Labor to be prevailing for the corresponding classes of
laborers and mechanics employed on projects of a character similar to the contract work
in the city, town, village, or other civil subdivision of the State in which the work is to be
performed, or in the District of Columbia if the work is to be performed there; and every
contract based upon these specifications shall contain a stipulation that the contractor or
his subcontractor shall pay all mechanics and laborers employed directly upon the site of
the work, unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account, the full amounts accrued at time of payment,
computed at wage rates not less than those stated in the advertised specifications,
regardless of any contractual relationship which may be alleged to exist between the
contractor or subcontractor and such laborers and mechanics, and that the scale of
wages to be paid shall be posted by the contractor in a prominent and easily accessible
place at the site of the work; and the further stipulation that there may be withheld from
the contractor so much of accrued payments as may be considered necessary by the
contracting officer to pay to laborers and mechanics employed by the contractor or any
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subcontractor on the work the difference between the rates of wages required by the
contract to be paid laborers and mechanics on the work and the rates of wages received
by such laborers and mechanics and not refunded to the contractor, subcontractors, or
their agents.
Debarment and Suspension (E.O.s 12549 and 12689)
No contract shall be made to parties listed on the General Services Administration's List
of Parties Excluded from Federal Procurement or Non-procurement Programs in
accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list
contains the names of parties debarred, suspended, or othenvise excluded by agencies,
and contractors declared ineligible under statutory or regulatory authority other than E.O.
12549. Contractors with awards that exceed the small purchase threshold shall provide
the required certification regarding its exclusion status and that of its principal
employees.
Public Law 88-352. Title Vl of the Civil Riqhts Act of 1964 (42 U.S.C. 2000d et seq.)
(24 CFR Part 1)
The County must comply with the provisions of "Public Law 88-352,'which refers to Title
Vl of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no
person in the United States shall, on the grounds of race, color or national origin, be
denied the benefits of, be excluded from participation in, or be subjected to
discrimination under any program or activity receiving federalfinancial assistance.
Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S.G. 794)
The County must comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which provides that no othenvise qualified individual shall, solely by reason of
his or her disability, be excluded from participation (including employment), denied
program benefits or be subjected to discrimination under any program or activity
receiving federal assistance funds.
Americans with Disabilities Act (42 U.S.C. 12101. et seq.)
The County shall comply with the provisions of the Americans with Disabilities Act, 42
U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate
discrimination against individuals with disabilities. The Act may impose requirements on
the County in four principle ways: 1) with respect to employment; 2) with respect to the
provision of public services; 3) with respect to transportation; 4) with respect to existing
facilities and new construction.
The National Environmental Policv Act 1969 {NEPA} (42 U.S.G Section 4321 el
seq., and 24 CFR Part 58)
The County shall comply with the provisions of the National Environmental Policy Act of
1969. The purpose of this Act is to attain the widest use of the environment without
degradation, risk to health or safety, or other undesirable and unintended consequences.
Environmental review procedures, including determining and publishing a Finding of
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Significance or of No Significance for a proposal, are a necessary part of this process.
Pursuant to these provisions, the County must also submit environmental certifications
to the Department when requesting that funds be released for the project. The County
must certify that the proposed project will not significantly impact the environment and
that the County has complied with environmental regulations and fulfilled its obligations
to give public notice of the funding request, environmental findings and compliance
performance.
Executive Order 11990. Mav 24. 1977: Protection of Wetlands (42 F.R.26961 et
seq.)
The County shall comply with Executive Order 11990. The intent of this Executive Order
is (1) to avoid, to the extent possible, adverse impacts associated with the destruction or
modification of wetland, and (2) to avoid direct or indirect support of new construction in
wetlands wherever there is a practical alternative.
The County, to the extent permitted by law, must avoid undertaking or providing
assistance for new construction located in wetlands unless (1) there is no practical
alternative to such construction, and (2) the proposed action includes all practical
measures to minimize harm to wetlands which may result from such use. ln making this
determination, the County may take into account economic, environmentaland other
pertinent factors.
Executive Order 11988, Mav 24. 1977: Floodplain Manaqement (42 F.R. 26951 et
seq)
The County shall comply with the provisions of Executive Order 11988. The intent of this
Executive Order is to (1) avoid, to the extent possible, adverse impacts associated with
the occupancy and modification of floodplains, and (2) avoid direct or indirect support of
floodplain development wherever there is a practical alternative. lf the County proposes
to conduct, support or allow an action to be located in a floodplain, the County must
consider alternatives to avoid adverse effects and incompatible involvement in the
floodplain. lf siting in a floodplain is the only practical alternative, the County must, prior
to taking any action: (1) design or modify its actions in order to minimize any potential
harm to the floodplain, and (2) prepare and circulate a notice containing an explanation
of why the action is proposed to be located in a floodplain.
The Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.)
The County shall comply with the Wild and Scenic Rivers Act. The purpose of this Act is
to preserve selected rivers or sections of rivers in their free-flowing condition, to protect
the water quality of such rivers and to fulfill other vital national conservation goals.
Federal assistance by loan, grant, license, or other mechanism cannot be provided to
water resources construction projects that would have a direct and adverse effect on any
river included or designated for study or inclusion in the National Wild and Scenic River
System.
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CoastalZone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.)
The County shall comply with the Coastal Zone Management Act of 1972, as amended.
The intent of this Act is to preserve, protect, develop, and where possible, restore or
enhance the resources of the nation's coastal zone. Federal agencies cannot approve
assistance for proposed projects that are inconsistent with the state's Coastal Zone
Management program except upon a finding by the U.S. Secretary of Commerce that
such a project is consistent with the purpose of this chapter or necessary in the interests
of national security.
The Endansered Species Act of 1973. as amended (16 U.S.C. 1531 et seq.)
The County shall comply with the Endangered Species Act of 1973, as amended. The
intent of this Act is to ensure that all federally assisted projects seek to preserve
endangered or threatened species. Federally authorized and funded projects must not
jeopardize the continued existence of endangered and threatened species or result in
the destruction of or modification of habitat of such species which is determined by the
U.S. Department of the lnterior, after consultation with the state, to be critical.
The Reservoir Salvaqe Act of 1960, as amended bv the Archaeoloqical and
Historical Preservation Act o11974 (16 U.S.C. 469 et seq.)
Under the Reservoir Salvage Act, the County must comply with provisions for the
preservation of historical and archaeological data (including relics and specimens) that
might otherwise be irreparably lost or destroyed as a result of any alteration of the terrain
caused as a result of any federal construction project or federally licensed activity or
program. Whenever the County finds, or is notified in writing by an appropriate historical
or archaeological authority, that its activities in connection with any federal funded
construction project or federally licensed project, activity or program may cause
irreparable loss or destruction of significant scientific, prehistoric, historical or
archaeological data, the County must stop work immediately and must notify the U.S.
Secretary of lnterior and the Department in writing and provide appropriate information
concerning the project or program activity.
The Archaeoloqical and Historical Data Preservation Act of 1974 (16 U.S.G.469 a-1
et seq.)
The County shall comply with the Archaeological and Historical Data Preservation Act,
which provides for the preservation of historic and archaeological information that would
be lost due to development and construction activities as a result of federally funded
activities.
The Safe Drinkinq Water Act of 1974. as amended (42 U.S.C. Section 201. 300(fl et
seq.. and U.S.C. Section 349)
The County must comply with the Safe Drinking Water Act, as amended, which is
intended to protect underground sources of water. No commitment for federal financial
assistance, according to this Act, shall be entered into for any project, which the U.S.
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Environmental Protection Agency determines, may contaminate an aquifer that is the
sole or principal drinking water source for an area.
The FederalWater Pollution Control Act of 1972. as amended. includinq the Clean
Water Act of 1977. PUBLIC LAW 92-212 (33 U.S.G. Section 1251 et seq.)
The County must assure compliance with the Water Pollution Control Act, as amended,
which provides for the restoration of chemical, physical and biological integrity of the
nation's water.
The Solid Waste Disoosal Acf- as ame ded bv the Resource Conservation and
Recovery Act of 1976 U2 U.S.C. Section 6901 et seq.)
The County must assure compliance with the Solid Waste Disposal Act, as amended.
The purpose of this Act is to promote the protection of health and the environment and to
conserve valuable material and energy resources.
The Fish and Wildlife Coordination Act of 1958. as amended (16 U.S.C. Section 661
et seq.)
The County must assure compliance with the Fish and Wildlife Coordination Act, as
amended. The Act assures that wildlife conservation receives equal consideration and is
coordinated with other features of water resources development programs.
Relocation Assistance & Real Propertv Acquisition Policv. Ghapter 8.26 RGW
The County shall comply with the provisions of Chapter 8.26 RCW and Chapter 365-24
WAC when its activities involve any acquisition of real property assisted under this
Agreement or the displacement of any family, individual, business, nonprofit organization
or farm that results from such acquisition.
State Environmental Policv Act (SEPA). Chapter 43.21 (C) RCW
The County shall comply with the provisions of Chapter 43.21(C) RCW and Chapter
197-11 WAC, the guidelines by which local agencies will (1) require environmental
checklists from private and public entities considering an action potentially subject to the
Environmental lmpact Statement (ElS) requirement of SEPA, (2) make "threshold
determinations" that such an action will not have a significant environmental impact, (3)
provide for the preparation of a draft and final EIS if the action has significant impact,
and (4) circulate the EIS to other agencies and interested parties.
Noise Gontrol. Ghapter 70.107 RCW
The County shall assure compliance with the state Noise Control Act. Objectives of the
Act are to assist local governments in implementing local noise ordinances and to
control and reduce excessive noise in Washington.
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Shoreline Manaqement Act of 1971. Ghapter 90.58 RCW
The County shall comply with the provisions of Chapter 90.58 RCW. This Act defines a
planning program and a permit system, which are initiated at the local government level
under state guidance. lts purpose is to protect and enhance the state's shoreline and it
includes a comprehensive shoreline inventory process and a master program for
regulation of shoreline uses. A permit application at the local level must be in compliance
with those plans and consistent with the state Coastal Zone Management program if
substantial developments and shoreline modifications occur, and a record of the
application and decision must be submitted to the state.
State Buildinq Gode. Ghapter 19.27 RGW: Enerqv Related Buildins Standards.
Ghapter 19.27A RGW: and Provisions in Buildinqs for Aqed and Handicapped
Persons- Cha 70.92 RCW
The County shall comply with the provisions of Chapter 19.27 RCW, Chapter 19.27A
RCW, Chapter 70.92 RCW and the regulations for building construction and for barrier
free facilities adopted by the Washington State Building Code Council pursuant to these
statutes.
The State Building Code Act provides for a uniform state building code and mandates
counties, cities and towns to administer and enforce its provisions. Local governments
are authorized to modify the state building code to fit local conditions as long as such
modifications do not result in a code that is less than the minimum performance
standards and objectives contained in the state code.
Open Public Meetinss Act. Chapter 42.30 RCW
The County shall comply with provisions of Chapter 42.30 RCW which require that all
meetings of the governing body which pertain to this Agreement shall be open to the
public except those where specific provision is made for executive sessions pursuant to
RCW 42.30.110.
Law Aoainst Discrimi . Chapter 49.60 RCW
The County shall comply with the provisions of Chapter 49.60 RCW in all activities
relating to this Agreement.
Governor's Executive Order 89-10. December 1 1 . 1989: Protection of Wetlands.
and Governor's Executive Order 90-04. April 21. 1990: Protection of Wetlands
The County shall ensure that it avoids any activities that would adversely affect wetlands
and adequately mitigates unavoidable impacts. For the purposes of this requirement,
except where a contrary definition is provided by statute, mitigation means: ('1) avoiding
the impact altogether by not taking certain action or part of an action; (2) minimizing
impacts by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
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environment; (4) reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action; (5) compensating for the impact by
replacing, enhancing, or providing substitute resources or environments; and (6)
monitoring the impact and taking appropriate corrective measures.
Mitigation for individual actions may include a combination of the above measures.
Mitigation may not include any of the above measures to the extent that they may be
contrary to statute as applied under the particular circumstances. Emergency work that
is essential to save lives and protect property and public health is exempt from these
provisions.
XV EV ENT OF DEFAULT OR TERMINATION
Termination for Convenience
Either party may terminate this Agreement upon 30 days prior written notification to the
other party. lf this Agreement is so terminated, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this Agreement
prior to the effective date of termination. All unspent federal and state matching grant
funds, as well as grant funds determined by OSOS to be for unallowable expenditures
must be returned to the OSOS grant program within 30 days of termination.
Termination for Cause
lf for any cause, either party does not fulfill in a timely and proper manner its obligations
under this Agreement, or if either party violates any of these terms and conditions, the
aggrieved party will give the other party written notice of such failure or violation. The
responsible party will be given the opportunity to correct the violation or failure within 15
working days. lf the failure or violation is not corrected, this Agreement may be
terminated immediately by written notice of the aggrieved party to the other. ln the event
of a termination for cause, all unused grant funds, as well as grant funds determined by
OSOS to be for unallowable expenditures, must be returned to the OSOS grant
program.
ln the event that the termination for cause occurs due to any violation of this Agreement
by the County, the County may be required to reimburse the OSOS grant program for
the expended portions of the grant funds.
The rights and remedies of OSOS provided in this section shall not be exclusive and are
in addition to any other rights and remedies provided by law or under this Agreement.
Termination Procedure
Upon termination of this Agreement, OSOS, in addition to any other rights provided in
this Agreement, may require the County to deliver to OSOS any property specifically
produced, furnished, or acquired with grant funds provided under the Agreement.
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OSOS shall pay to the County the agreed upon price, if separately stated, for completed
work and service(s) accepted by OSOS and the amount agreed upon by the County and
OSOS for (i) completed work and service(s)for which no separate price is stated, (ii)
partially completed work and service(s), (iii) other property or services which are
accepted by OSOS, and (iv) the protection and preservation of property, unless the
termination is for default, in which case OSOS shall determine the extent of the liability
of OSOS. Failure to agree with such determination shall be a dispute within the meaning
of the "Disputes" clause of this contract. OSOS may withhold from any amounts due the
County such sum as OSOS determines to be necessary to protect OSOS against
potential loss or liability.
The rights and remedies of OSOS provided in this section shall not be exclusive and are
in addition to any other rights and remedies provided by law or under this Agreement.
After receipt of a notice of termination, and except as othenvise directed by OSOS, the
County shall:
a
Stop work under the Agreement on the date, and to the extent specified, in the
notice;
Place no further orders or subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Agreement
as is not terminated;
Assign to OSOS in the manner, at the times, and to the extent directed by OSOS, all
of the rights, title, and interest of the County under the orders and subcontracts so
terminated, in which case OSOS has the right, at its discretion, to settle or pay any or
all claims arising out of the termination of such orders and subcontracts;
Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of OSOS to the extent OSOS may
require, which approval or ratification shall be final for all the purposes of this clause;
Transfer title to OSOS and deliver in the manner, at the times, and to the extent
directed by OSOS any property which, if the contract had been completed, would
have been required to be furnished to OSOS;
Complete performance of such part of the work as shall not have been terminated by
OSOS; and
Take such action as may be necessary, or as OSOS may direct, for the protection
and preservation of the property related to this contract which is in the possession of
the County and in which OSOS has or may acquire an interest.
a
a
a
a
XU. SAVINGS
ln the event funding from Federal, state or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion, OSOS may terminate the contract under the "Termination for Convenience"
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clause, without the 30-day notice requirement, subject to renegotiation under those new
funding limitations and conditions.
XVII. DISPUTES
Each party shall make a good faith effort to negotiate a resolution of any disputes
between the parties related to this Agreement. ln the event of litigation or other action
brought to enforce Agreement terms, each party shall bear its own attorneys' fees and
costs. Nothing in the Agreement shall be construed to limit the parties' choice of a
mutually acceptable Alternate Dispute Resolution method in addition to the dispute
resolution procedure outlined above.
XVIII. AGREEMENT MANAGEMENT
The Project Manager for each of the parties shall be the contact person for
communications regarding the performance of this Agreement.
The OSOS SOC contact person for notifications required under this Agreement is:
Justin Burns, Chief lnformation Security Officer
lT Division
P.O. Box 40220
Olympia, WA 98504-0220
Phone: 360-902-4'166
E-mail: Justin. burns@sos.wa.qov
XIX. GOVERNANGE
This Agreement is entered into pursuant to and under the authority granted by the laws
of the state of Washington and any applicable Federal laws. The provisions of this
Agreement shall be construed and interpreted in accordance with those laws, and the
venue of any action brought hereunder shall be in the Superior Court for Thurston
County.
Proiect Manaqer,for Kittitas Countv is:Proiect Manaqer for the OSOS is:
Countv Auditor
Jerry Pettit
205 W Sth Ave. Suite 105
Ellensburg. WA 98926
(50e) e62-7503
jerry. pettit@co. kittitas.wa. us
Rebecca Clark
Grant and Contract Specialist
Elections Division
P.O. Box 40220
Olympia, WA 98504-0220
Phone: 360-902-4188
E-mail: rebecca.clark@sos.wa.qov
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ln the event of an inconsistency in the terms of this Agreement, or between its terms and
any applicable statute or rule, the inconsistency shall be resolved by giving precedence
in the following order:
. Applicable Federal and state of Washington statutes and regulations
. The terms and conditions of this Agreement
. The attachments to this Agreement
XX. ALL WRITINGS CONTAINED HEREIN
This Agreement contains the entire understanding between the parties, and there are no
other agreements, understandings, or representations set forth or incorporated by
reference herein.
No subsequent modifications or amendments of this Agreement shall be of any force or
effect unless in writing, signed by authorized representatives of the OSOS and County
and made part of this original Agreement.
XXI. HOLD HARMLESS
Each party to this Agreement shall be responsible for its own acts and omissions and
those of its officers, employees and agents. No party to this Agreement shall be
responsible for the acts or omissions of entities or individuals not a party to this
Agreement.
XXII. FORCE MAJEURE
Neither party will incur any liability to the other if its performance of any obligation under
this Agreement is prevented or delayed by causes beyond its control and without the
fault or negligence of either party. Causes beyond a party's control may include, but are
not limited to, acts of God or war, changes in controlling law, regulations, orders or the
requirements of any governmental entity, natural disasters, fire, epidemics and
quarantines.
Both parties shall notify each other orally within five (5) days and in writing within ten
(10) days of the date on which the party becomes aware, or should have reasonably
become aware, that such cause would prevent or delay its performance. Such
notification shall (i) describe fully such cause(s) and its effect on performance, (ii) state
whether performance under the Agreement is prevented or delayed and (iii) if
performance is delayed, state a reasonable estimate of the duration of the delay. The
Page 19 ol 2'l
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party claiming force majeure shall have the burden of proving that such cause(s)
delayed or prevented its performance despite its diligent efforts to perform and shall
produce such supporting documentation as the other party may reasonably request.
After receipt of such notification, the party not claiming force majeure may elect either to
terminate the agreement or to extend the time for performance as reasonably necessary
to compensate for the delay.
XXIII. SEVERABILITY
The provisions of this Agreement are intended to be severable. lf any term or provision
is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of the Agreement.
KITTITAS COUNTY OFFICE OF THE SECRETARY OF STATE
a
unty Auditor nt Secretary of State
APPROVED AS TO FORM:
Attorney General's Office
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2020 HAVA Election Security Grant I PROJECT WORKSHEET
(to be submitted to the OSOS Security Operations Center)
RISK AREA OF CONCERN BEING ADRESSED BY THIS
PROPOSAL (ldentified as Q## on your Security Site Visit assessment)
Please also include a worksheet for proposals on use of leftover
funding after all Security Site Visits Assessment areas of concern have
been addressed. Label this proposal 'N/A'
GENERAL DESCRIPTION OF THE WORK AND OBJECTIVES OF THE PROJECT
SCOPE OF WORK
A non-technical description of the work that will be performed
TECHNICAL REQUIREMENTS
List out specific tasks, phases, analysis, design, and scope of each part of the project
TIMELINE, DELIVERABLES & MILESTONES
Please provide a timeline for the project, as well as specific deliverables and milestones that are quantifiable and measurable
PROJECT COST
Description of goods/services that will be procured for this project QUANTIW/ UNIT UNIT PRICE cosr
I
I
I
I
I
I
TOTAL COST
PREPARED BY TITLE SIGNATURE
APPLICANT REP TITLE SIGNATURE
(For OSOS use only)
APPROVED BY
TITLE SIGNATURE
lG-6938
EXHIBIT A
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