HomeMy WebLinkAboutRes-2021-030Washington State
, Department of
Commerce
Interagency Grant Agreement with
Kittitas County
through
For
t€h?.t
Community Development Block Grant Program
CDBG - Coronavirus (CDBG-CVI)
Activities to prevent, prepare for, and respond to coronavirus in
partnership with local seruice providers for the CDBG-CVI
consortium area.
Staft date: 312712020
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERAGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE FOR
coMMuNrTY DEVETOPMENT BLOCK GRANT -CORONAVTRUS (CDBG-CV-II PROGRAM
c o NT RACT #20-622tC-tL5
RESOrUTloNNo.2o2l. a3c
WHEREAS, Chapters 39.33 and 39.34 RCW, the lnterlocal Cooperation Act, authorizes
public agencies to enter into agreements for mutually advantageous joint or cooperative action;
and
WHEREAS, Kittitas County and Washington State Department of Commerce are public
agencies within the meaning of chapters 39.33 and 39.34 RCW; and
WHEREAS, Kittitas County and Washington State Department of Commerce will enter
into the agreement to fund the Costs incurred for the Activities to prevent, prepare for, and
respond to coronavirus in partnership with local service providers for the CDBG-CV1 consortium
area. in Kittitas County for the period of March 27,2020 thru January 31, 2023.
NOW, THEREFORE, BE lT RESOLVED, the Kittitas County Board of County Commissioners
authorizes the execution of the lnteragency Agreement with Washington State Department of
Commerce, attached hereto, and incorporated herein by this reference.
APPROVED, this 2ND day of March 2O2t, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY,HI
illiltt
Brett,ith, Chairman
ABSENT
Laura Vice-Cha'irman
Cory Wright, Commissioner
of the rd
TABLEOF CONTENTS
Special Terms and Conditions
Definitions
Authority
Acknowledgement of Federal Funding... ... !........... i,.
Acquisition And Disposition Of Assets
Audit.....................
Billing Procedures
Closeout...........,...
1.
2.
3.
4.
5.
b.
7.
8.
9.
1
1
1
1
2
2
3
3
3
4
Compensatlon...............
Debarment .......10. EnvironmentalReview11. lndirectCosts...,....12. Grant Management13. Historical Or CulturalArtifacts, Human Remains._.14. lnsurance..,,.15. Laws...................16. Performance Reporting
17 Program |ncome.........18. ProhibitiononGertalnFundsTransfers.,,.....,.....19. Subcontractor Data Collection
20.Subcontracts for Engineering Services..
21
1.
2.
3.
4.
5.
6.
7.
8.
9.
Order of Precedence...
General Terms and Conditions
Definitions
5
5
5
5
5
5
5
6
6
6
6
7
7
7
7
7IIIIIIII
9I
All Writings Contained Herein.........,
Amendments..
Assignment.,..
Confidentiality and Safeguarding of lnformation...
Copyright......
Disputes..,....
Goveming Law and Venue
lndemnification..........10. Licensing,AccreditationandRegistration11. Recapture12. Records Maintenance13. Savings14. Severability
16. Survival17. Termination for Cause .......18. TerminationforConvenience..........
19 Termination Procedures20. Treatment of Assets......
0
1
,l21. Waiver.........
Attachment A, Scope of Work and Budget
Attachment B, Letter to lncur Costs
lt
FACE SHEET
\Yashington State Department of Commerce
Local Government Divlslon
Communlty Assistance and Research Unit
CDBG - Coronavirus (CIIBG.CVI)
Contract Number: 20-6221C-ll5
1. Grantee
Kittitas County
205 W sth Ave, Suite I08
Ellensburg, Washington 98926
2. Grantee Doing Business As (optional)
NA
3. Grantee Representative
Brett Wachsrnith, Kittilas County Commissioner, District #3
Phone: 509.962.7508
Email: brett.wachsmith,co@co.kittitas.wa.us
4. COMMERCE Representative
Genny Matteson, Project Manager
Phone; (360) 725-3093
Fax: (360) 586-8440
Genny. matteson@commerce.wa,gov
Address:
PO Box 42525
l0l I Plum Street SE
Olympia, WA 98504
5. Grnnt Amount
$292,364
6. Funding Source
Fcderal: fi State: E Ottrer: n N/A: n
7. Start Date
312712020
8. End Date
u3v2023
CFIIA Numbcr:
14.228
Indirect Rate (if applicable);
N/A
9. Federal Funds (as applicable) Federal Agency:
$292,364
(HUD)
Department of Housing
Urban Development
u.s.
And
10. Tax ID #
9l-6001349
11. swv#
00r047s-00
12. UBI #
192002673
13. DUNS #
010202547
14. Grant Purpose
Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers for the CDBO-CVI
consortium area. A full description of the project is in Attachment "A" Scope of Work and Budget.
15. Signing Statement
COMMERCE, defined as the Department of Cornmerce, and the Grantee, as defined above, acknowledge and accept the terms of this
Grant and Attachments and have executed this Grant on the date below to start as ofthe date and year referenced above and warrant
they are authorized to bind their respeotive agencies. The rights and obligations ofboth parties to this Grant are governed by this Grant
and the following documents hereby incorpomted by reference: Grant Terms and Conditions inoluding Attachment "A" - Scope of
Work and Budget, Attachment "8" - Letter to Incur Costs (if appl; le), and the following documents incorporated herein by
reference: Granteeos application for funding and the Communit', uent Block Grant policies and procedures, prepared by
Commerce.
APPROVE]) AS TO FORM ONLY BY ASSISTAITIT
ATTORNE Y GENERAL 07 I N NO'9'
APPROVAI.ON FILE.
COMMERCE
Director
Date
Date
, JDAIt rh fr *,rrr[t -
FORGRANTEE
Kittitas County Commissioner, District #3
Wachsmith,Mark
Local
ilt
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
1. DEEINIIIQILS.
A. "Contractor" and "Grantee" in this Grant, and the term "subrecipient" found in the federal
Community Development Elock Grant (CDBG) rules and regulations, shall mean the same.B. Community Development Block Grant - Coronavirus Response (CDBG-CV) grants are fundecl by
the Coronavirus Aid, Relief, and Economic Security (GARES) Act.
C. "Low- and moderate-income" shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size.
D. "Subgrantee/Subconlract" shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Grant under a separate Grant with the Grantee,
The terms "subgrantee" and "subcontractors" mean subcontracto(s) in any tier.E. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that ls a
beneficiary of such a program, lt also excludes vendors that receive federalfunds in exchange for
goods and/or services in the course of normal trade or commerce.
2. AU]_I_|SBIIY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the lnterlocal
Cooperation Act, Ghapter 39.34 RCW.
3. AcKNowLE*pqUENr _QF_f"EQEBAL f',UNps
Federal Award Date: July'14, 2020
Federal Award ldentification Number (FAIN): B-20-DW-53-000 1
Total amount of the federal award: $7,720,383
Awarding official: John W. Peters, HUD CPD Director
The Grantee agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in
whole or in part with federal funds under this Contract, shall contain the following statements:
"This project was supported by Grant No. B-20-DW-53-0001 awarded by the U.S.
Department of Housing and Urban Development (HUD). Points of view in this document
are those of the author and do not necessarily represent the official position or policies of
HUD. Grant funds are administered by the Community Development Block Grant Program,
Washington State Department of Commerce".
4. AqAUJ$I_O_N,A.UD ptSpOSlTtON OF ASs
The Grantee will account for any tangible personal property acquired or improved with lhis Grant.
The use and disposition of real property and equipment under this Grant will be in compliance with the
requirements of all applicable federal law and regulation, including but not limited to 24 CFR Part 84
and24 CFR Part 570,489,570.502,570.503,570.504, and 570.505 as applicable, which include but are
not limited to the following:
Real property that was acquired or improved, in whole or in part, with funds under thls Grant in excess
of $25,000 shall be used to meet one of the CDBG nalional objectives for ten (10) years after the Grant
is closed. Any exception must be made with COMMERCE approvaland the Grantee willbe responsible
to pay COMMERCE an amount equal to the current fair market value of the property less any portion
of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the
property. Such payment from the disposition of real property acquired with this Grant withln ten (10)
years of closeout of the Grant shall be treated as CDBG Program Income.
ln cases in which equipment acquired in whole or in part with funds under this Grant is sold, the
proceeds will be CDBG Program lncome.
State of Washlnglon
Department of Comrnerce
lnteragency Grant Agreement
Page 1
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
1. Auplr
lf the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific
audit for that flscal year. Upon completion of each audit, the Grantee shall:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide (if applicable), and a copy of eny management
letters issued by the auditor.B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
lf the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit
requirement.
The Granlee shall send all single audit documentation to qUditreview@sommerce.wruqV.
2. FI NT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE Representative on a
Washington State lnvoice Voucher form not more often than monthly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the proJect, and fees. The invoice shall include the Contract Number
identified on the Face Sheet of this Grant. lf expenses are invoiced, provide a detiailed breakdown of
each type.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee,
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any terrn or condition of
this Grant, including completion of the Environmental Review and the release of funds (if applicable).
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall
be made by COMMERCE.
COMMERCE shall not release the final five (5) percent of the total grant amount until acceptance by
COMMERCE of project completion.
lnysiaes snd -Etd-sl FiseallGar
The grantee must invoice end of state fiscal year final invoices for all expenses from the beginning of
the contract through June 30, regardless of the contract start and end date. Commerce will provide
notification of the end of fiscal year due date.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Pfevent Duplicatioto
The CARES Act provides that there are adequate procedures in place to prevent any duplication of
benefit as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-{54; 132 Stat. 3442). HUD requires each Grantee (and subrecipient)
have procedures to prevent the duplication of benefits when lt provides financial assistance with CDBG-
CV funds, Federal disaster law prohibits the provision of federal assistance in excess of need. Before
paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that
the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid
Slate of Washington lnteragency Grant Agrsement
Department of Commerce Pag,e 2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
by another source. Any person or entity (including subrecipients) receiving CDBG-CV assistance must
agree lo repay assistance that is determined to be duplicative; and to assess whether the use of CDBG-
CV funds will duplicate financial assistiance already received or is likely to be received by acting
reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources
available to meet that need.
Digellgued'l9osts
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontrac.tors/subrecipient.
3. CLOSEOUT
COMMERCE willadvise the Grantee to initiate closeout procedures when there are no impediments to
closing and the following criteria have been met or soon will be met:
A. All costs have been incurred with the exception of closeout costs and any unsettled third-parg
claims against lhe Grantee. Costs are incurred when goods and services are received or contract
work is performed.
B. The Grantee has held a public hearing to review program performance,
C. The Grantee has submitted the Contract Closeout Report. Failure to submit a report will not
preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest. Any
exc€ss grant amount in the Grantee's possession shall be returned in the event of failure to finish
or update the report.
D. Other responsibilities of the Grantee under this Grant and applicable laws and regulations appear
to have been carried out satisfactorily or there is no further state interest in keeping this Grant open
for the purpose of securing performance,
4. COMPENSATTON
COMMERCE shall pay an amount not to exceed he amount ldentified on the Face Sheet of this Grant
for the performance of all things necessary for or incidental to the performance of work as set forth in
Attachment A, Scope of Work and Budget incorporated herein, and by reference the Grantee's
application for funding.
Grantee shall receive reimbursement for travel and other expenses as aulhorized in advance by
COMMERCE as reimbursable. Grantee shall receive compensation for travel expenses at current state
travel reimbursement rates
5. _qE*BABIU-ENT
A. Grantee, defined as the primary participant and it principals, cerlifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
li. Have not within a three-year period preceding lhis Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense ln
connection wilh obtaining, attempting to obtain, or performing a public or private agreement
or transac'tion, violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, receiving stolen property, making false claims, or obstruction of
justice;
iii. Are not presently indic-ted for or olherwise crirninally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1Xb) of federalExecutive Order 12549;and
iv. Have not within a three-year period preceding the signlng of this Grant had one or more
public transactions (Federal, $tate, or local) terminated for cause of default.
State of Washinglon
Department of Gomrnerce
lnteragency Grant Agreement
Page 3
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
B. \A/here the Granlee is unable to certifi to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
G. The Grantee agrees by signing this Grant lhat it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," as follows, without modification, in all loryer tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b. Where the lower tier Grantee is unable to certifiT to any of the statements in this Grant,
such contractor shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, lneligible, lower tier covered
transactlon, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
6. sNVtR9J!rylEi|IAL BEvtEW
9.-e1gralEurp_sse, tlqu*slng_]EilrEn_qgng!!_t, and.EcSll.on0ic*9ppgrtq!!ry_Glalts
Funding in excess of the amount stipulated in Aftachment B, Letter to Incur Cosls, shall not be
released to a Grantee by COMMERCE until the following conditions irnplementing 24 CFR part 58 are
met:
A. The Grantee must complete an environmental review of the project and make a finding of
environmental impact. A notice of this finding must be published along with a notice of the Grantee's
intent to request release of funds for the project unless the project is exempt from the publication
requirements as described. The Grantee must allow a seven (7) or fifteen (15) day period for public
review and comment following publication of the notices unless exempt under the National
Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA).
When this review and comment period expires, the Grantee may, after considering any comments
received, submit a request for release of funds to GOMMERGE. Upon receipt of the request,
COMMERCE must allow a fifteen (15) day period for public review and comment. When
COMMERCE's public review and comment period expires, COMMERCE may, after considering
any comments received, formally notiff the Grantee in writing of the release of federal funds for the
project.
B. This special condition is satisfied when the Grantee completes the environmental review and
request for release of funds from COMMERCE. The special condition is effectively removed on the
date COMMERCE provides the Grantee with written notice of release of funds.
Mlcroenterprise Assislance, Planning.Only and Public Servlces Activitles
Funding shall not be released to a Planning-Only Activities or Public Services Activlties recipient until
the following conditions are met The Grantee assures that assisted activities are exempt under NEPA
(24 CFR 58,34) and categorically exempt under SEPA (RCW 43,21C.110). The Grantee further
assures that the activities do not come under the purview of any other federal, state, and known local
environmental laws, statutes, regulations or executive orders. ln addition, the Grantee assures it will
document, in writing, its determination that each activity or pCIect is exempt and meets the conditions
specified for such exemption under NEPA (24 CFR 58.34(3) (fior Planning-Only) or 58.34(4) (for Public
Services) and (SEPA) WAC 197-11-800,
State of Washington
Oepartment of Commerce
lnleragenry Grant Agreement
Page 4
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
7. rNprRECl: COSTS
The Grantee shall prwide their indirect cost rate that has been negotiated between their entity and the
federal government. lf no such rate exists a de minimis indirect cosl rate of 1oo/o of modified t6tal direcl
costs (MTDC) will be used.
8. 9BANLIUAUA(iEUENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on lhe Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are ldentified on the Face Sheet
of this Grant.
e. H I sroRt cA!. -qB quLTuEAL4gIEAqIA, HUUIAUB-E MA IN I
ln the event that historical or cultural artifacts are discovered at the project site during construction or
rehabilitation, the Grantee shall immediately stop construction and notify the local historical
preservation oflicer and the state historic preservation officer at the Department of Archaeology and
Historic Preservation (DAHP) at (360) 586-3065. lf human remains are discovered, the Grantee shail
stop work, report the presence and location of the remains to the coroner and local law enforcement
immediately, and contact DAHP and the concerned tribe's cultural staff or committee.
10, lNliuISauQ*E
Each party certjfies that it is self-insured under the State's or local governmenl self-insurance liability
program, and shall be responsible for losses for which it is found liable.
1{. Laus
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local,
state, and federal governments, as now or hereafter am€nded, including,
. Housing and Community Development (HCD)Act of 1974.r CDBG regulations in 24 CFR Part 570.r 2 CFR 200.r Coronavirus Ald, Relief, and Economic Security Act (CARES Act), Public Law PL 116-136.r Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for
Community Development Block Grant Program Coronavirus Response Grant, Fiscal Year
2019 and 2020 Community Development Block Grants, and for other Formula Programs,
Docket No. FR-621 8-N-01.
1 2. P_ER FoRM dIQ_E_BEPQEIINC
The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic
progress and performance reports pertaining to the aclivities undertaken pursuant to this Grant. These
reports may include environmental review records, publication affidavits, procurement and contracting
records, documentation of compliance with federal civil rights requirements, job creation records,
program income reports, reports of the costs and obligations lncurred in connection therewlth, the final
closeout report, and any other matters covered by this Grant. Activities funded by this Grant providing
income-qualified direct assistance or direct services under the limited clientele, housing, or job creation
CDBG National Objectives, must submit quarterly beneficiary reports as furnished by COMMERCE.
Failure to submit these repofts may result in COMMERCE withholding payment or terminating this
Grant.
{ 3. PROG RAIU !NA*O-_U!E
Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used in
accordane with CDBG-CV requirements. The Grantee must maintain records of program income
received and expended, and annually report program income received afier closeout of this Grant.
State of Washington
Department of Commeroe
lnleragency Grant Agreenrenl
Page 5
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
Program lncome shall be used to conlinue lhe same activities to benelit low- and moderate-income
persons or, with COMMERCE approval, for other activities to benefit low- and moderate-income
persons. lnterest earned in excess of $100 on CDBG funds received to reimburse incuned costs must
be remitted to COMMERCE for return to the U.S. Treasury.
14. PRgHlBrfl oN oN cERrArN FU_NDiIBANSTEBS
The Grantee that directly or indirectly receives CDBG-CV funds may not sell, trade, or othenruise
transfer all or any such potion of such funds to another such entity in exchange for any other funds,
credits or non-Federal consideralion, but must use such funds for activities eligible under title I of the
HCD Act or permitted by waiver and alternative requirements that apply to the use of GDBG-CV funds.
r5..su-B_c9_NTErAc_TOR_DATACgI_LEQT_l*O_lt
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of
funds expended for work perficrmed by submntractors, including but not necessarily limited to minority-
owned, woman-owned, and veteran-owned business subcontractors. 'Subcontractors" shall mean
subcontractors of any tier.
I 6. SUBCQNTBAC*ISI:QR ENGTN EER| NG SEw
Engineering firms must certify that they are authorized to do business in the state of Washington and
are in full compliance with the requirements of the Board of Professional Registration. The Grantee
shall require that engineering services providers be covered by errors and omissions insurance. The
engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all
activities by the engineering firm and licensed staff employed or under contract to the engineering firm.
The state of Washington, its agents, officers, and employees need not be named as additional insureds
under this policy.
{ 7. 9TDE8 QE P-BEQEDJNCE
ln the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
o Applicable federal and state of Washington stalutes and regulationsr SpecialTerms and Conditions. General Terms and Conditionsr Attachment A - Scope of Work and Budget. Attachment B - Letter to lncur Cost, if applicable. Grantee's application for funding and the Community Development Block Grant policies and
procedures, prepared by Commerce as incorporated by reference on the Face Sheet
State of Washington
Department of Commerce
lnteragency Grant Agreernent
Page 6
GENERAL TERMS AND CONDINONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's bohalf.
B. "COMMERCE" shall mean the Deparlment of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any attachments, documents, or materials incorporated by reference, E-mail or
facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original,
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents of the Grantee.
E. "Personal lnformation" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identi$ing numbers, and any flnancial identifiers.
F. 'Slate" shall mean the state of Washington.
G. "Subgrantee/Subcontrac{" shallm6an one not in the employment of the Grant, who is performing
all or part of those seruices under this Grant under a separate Grant with the Contractor. The ierms
"subgrantee" and "subcontractors" mean subcontrac-to(s) in any ller.
2. ALl. rdglI|lG_g*-c,-oNTAJN Ep ILE_BEIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
3. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and slgned by personnel authorized to bind each of the parties.
4. ASgIqltuENI
Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or
assigned by the Grantee without prior written consent of COMMERCE.
5. AANflPENIIALIIY AUP $AFE9.UAE8IXG-QEIXEQBMA.TLO. N
A. "Confidential lnformation" as used in lhis section lncludes:
i. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and
iii, All personal information in the possession of the Grantee that may not be disclosed under state
or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential lnformation. The Grantee shall use Confidential lnformation solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
lnformation to any third party except with the prior wriften consent of COMMERCE or as may be
required by law. The Grantee shalltake all necessary steps to assure that Confidential lnformation
is safeguarded to prevent unauthorized use, sharing, tran$fgr, sale or disclosure of Confidential
lnformation or violation of any state or federal laws related thereto. Upon request, the Grantee shall
provide COMMERCE wlth lts policies and procedures on confidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
State of Washinglon
Departmenl of Gommeroe
lnteragency Granl Agreement
Page 7
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
6.
Grantee shall make the changes within the time period specified by COMMERCE. Upon request,
the Grantee shall immediately return to COMMERCE any Confidential lnformation that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify GOMMERCE wlthin five (5) working days
of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
c9Pr$cHI
Unless othenruise provided, all Materials produced under this Grant shall be considered "works for hire"
as defined by the U,S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. ln the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all
Materials, including all intellectual property rights, moral rights, and righls of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surueys, studies, compuler programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials lhat are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable lioense (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary lo grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials
furnished under this Grantee, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received by the
Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to
modifi7 or remove any restrictive markings placed upon the Materials by the Grantee.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majorily
prevailing, The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Govemor's process will control.
8. GOVERNING LAWAND VENUE
This Grant shall be construed and interpreted in accordance wilh the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County,
e- uaErvruflaauaN
Each party shall be solely responsible for the acts of its employees, officers, and agents.
r0. Llq_ENslN.G.aasBEprTAfloN ANp RE I
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
Stat€ of Washington
Deparlment of Commerce
7
lnteragency Grant Agreemenl
Page I
GENERAL TERMS AND GONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
11. RECAPTURE
ln the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to
compensate COMMERCE for the noncompliance in addition to any other remedies available at law or
in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from payments
due under this Grantee.
1 2. RE8SB89-![A!NIENAXcE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirec{ costs of any nalure expended
in the performance of this Grantee.
The Grantee shall retain such records for a period of six (6) years following the date of final payment.
At no additional cosl, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspeclion, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officiats so authorized by law,
regulation or agreement.
lf any litigation, claim or audit is started before ihe expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVTNGS
ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or
terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day
nolice requirement, ln lieu of termination, the Grant may be amended to reflect the new funding
limitations and conditions.
14.SEVEBAB|L|TY
The provisions of this Grant 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
Grant,
I 5. SUBG RANT| NG,SU BCONTRA9JTIIG
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
lf COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or
(c) require the Grantee to rescind or arnend a subcontract.
Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant, The Granlee shall appropriately monitor lhe activities of the Subgrantee to assure liscal
conditions of this grant. ln no event shall the existence of a subcontract operate to release or reduce
the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the subcontract.
Stale of Washington
Department of Commerce
lnteragency Grant Agreement
Page I
GENERAL TERMS AND CONDITIONS
INTERAGENGY GRANT AGREEIIIENT
FEDERAL FUNDS
16. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and conlext are
intended to survive the completion of the performance, cancellation or termination of this Grantee shall
so survive.
17. TERMINATION FOR CAUS_E
ln the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant
in a timely manner, COMMERCE has the right to suspend or terminaie this Grant. Before suspending
or terminating the Grant, COMMERCE shall notiff the Grantee in writing of the need to take corrective
action. lf corrective action is not taken within 30 calendar days, the Grant may be terminated or
suspended,
ln the event of termination or suspension, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Grant and the replacement or
cover Grant and all administrative costs directly related to the replacement contract, e,9., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending conective action by the GMNTEE or a decision by COMMERCE to
terminate the granl. A termination shall be deemed a "Termination for Convenience" if it is determined
that the Grantee: (1) was not ln default; or (2) failure to perform was outside of his or her control, fault
or negligence.
The rights and remedies of COMMERCE provided in this Granl are not exclusive and are in addition io
any other rights and remedies provided by law.
I8. TERMTNAnON FOR COIIV|=IUENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice,
beginning on the socond day after the mailing, terminate this Grant, in whole or in part. lf this Grant is
so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for
services rendered or goods delivered prior lo the effective date of termination.
I 9. TE.IUIIYAI"IQN P,FQ q E D U RES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this contract,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of
Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE, and the amounl agreed upon by the Grantee and COMMERCE
for (i) completed work and services for which no separate price is stated, (ii) partially completed work
and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection
and preservation of property, unless the termination is for default, in which case the Authorized
Representative shall determine the extent of the liability of COMMERCE, Failure to agree with such
determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE
may withhold from any amounts due the Grantee such sum as the Authorized Representative
determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERGE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not terminaled;
State of Washington
mpartment of Commerc€
lnteragenry Grant Agreement
Page 10
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
G. Assign to COMMERCE, in the manner, al the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and
subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion,lo settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts ;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent direc'ted by
the Authorized Representative any property which, if the Grant had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been lerminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
prolection and preservation of the property related to this Granl, which is in the possession of lhe
Granlee and in which the Authorized Representative has or may acquire an interest.
20. TBEAIi'|ENrQE ASTELS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled lo be reimbursed as a direct item
of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the
Grantee, Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall
pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this
Grant, or (ii) commencement of use of such property ln the performance of this Grant, or (iii)
reimbursement of the cost lhereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless othenruise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from lhe negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
G. lf any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately nolify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERGE prior to settlement upon
completion, termination or cancellation of this Grant.
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subg rantees/S ubcontractors,
2l.UtAlyF*B
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach,
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington
Department of Commerce
lnteragency Grant Agreement
Page I 1
ATTACHMENT A - SCOPE OF WORK AND BUDGETGrantee: Kittitas CountyContract No. 20-622 1C-115Section A: Project Description / OeliverableKittitas County is awarded a5292,364 CDBG-CVI Grant. The County will make these CDBG-O/1 funds available to the following five nonprofrts: Kittitas County Chamberof Commerce; HopeSource; Cle Elum Downtown Association; Ellensbulg Downtown Association, and the Ellensburg Business DwelopmentAuthority, as grantsubrecipients. These funds will result in new and increased CDBG eligible public services and microenterprise assistance for the Kittitas County CDBG-CV1 consortiumservice area. The project will provide essential assistance to stabilize eligible households and microenterprises impacted by COVID-19 and create economic opportunities.Total project costs are estimated at 5292,364.based on a lJ\41 household qualification process. For eligible microenterprise businesses, the project will benefit approximately 13 - 20 low-and moderate-incomemicroenterorise businesses based on a LMI oualification Drocess. CDBG{V funded activities will prevent, preoare for, and respond to the coronavirus.Section B: Project Activities, Milestones and BudgetPerformanceMilestonesBefore first paymentrequestNot more thanmonthlyFirst payment requestwithin 270 days fromcontract executionBy Jan 31" April 30,Julv 30. Oct 31.Prior to Commerce'son-site monitoringBefore requestingfinal5% of CDBGawardBefore auditProject Activities*Must complete each bulleted proiect actlvlty to meet the correspondlng mllestone.t Execute grant contract with Commerce.. Verifo subrecipients do not have an active o<clusion record in the federal award system (SAM.gov),include documentation in the CDBG file, and submit a copy to Commerce.. Establish subrecipient agreements that include a quarterly beneficiary reporting requirement. Submit asigned copy to Commerce.r Establish administrative, financial, reporting and record keeping systems, including a system toDrevent duolication of benefit.Payment requests:. Review subrecipient reimbursement requests ond project costs and invoices against project budget andcontract start date.r Once costs are approved, prepare and submit payment request and project status report to Commerce.r Document receipt of grant funds and reimbursemeryt of eligible costs.Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter.IComplete applicable civil rights requirements.Conduct an on-site monitoring of subrecipients to verifo the grant is used according to CDBGreauirements and all costs reimbursed are allowable.r Resolve all monitoring issues with CDBG.. Accomplish all grant activities.. Conduct a final public hearing to review project performance,r Submit a CDBG-CV contract Closeout Report.List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an auditwith the State Auditor's Offrce to meet the Uniform Guidance (2 CFR Part 200).BudgetAmountSoCDBG BudgetCode21A GeneralAdmin.
PerformanceMilestonesApprox.76 LMIpersons receivedirect services by7BUza23Before providingmicroenterprisetechnical andfinancialassistanceBefore executing amicroenterpriseassistanceComplete eachmicroenterpriseassistanceApprox.13-20 LMImicroenterpriseowners receiveassistance bymilestone.each bulleted*MustProject Activitiesto meet ther Complete the environmental review and prepare an environmental review record in compliancewith NEPA requirements for CDBG.I Develop and establish CDBG{I/ program's policies and procedures, including CDBG incomequalification, COVID-l9 impact verification, prevent duplication of benefrts, and beneficiaryreporti ng requi rements.r Deliver the direct services identified in the CDBG application through the subrecipients.' Allocate and manage public services funds as established in the approved subrecipientsagreement and budget, and prevent duplication of benefh.r Meet the CDBG nationalobjective of principally benefiting low- and moderate-income persons.r Accomplish HUD's outcome of increasing the availability and accessibility of services to achieveenvironments.HUD,Ssuitableofr Complete the environmental review and prepare an environmental review record in compliancewith NEPA requirements for CDBGr Develop and establish CDBG microenterprise assistance program's policies and procedures,including grant/loan terms, CDBG income qualification, COVID-19 impact verification, duplicationof benefit prevention, and beneficiary reporting requirements.r Conduct outreach and market the microenterprise assistance programs.' Develop and establish financial management systems for tracking microenterprise assistance,assistance.for mandReview and process applications for microenterprise assistance; confirm CDBG elieibility.Complete second tier environmental review for activities as needed.P rovide m icroenterprise train ing and tech nical assistance.IIIIassistancents.r Execute microenterprise assistance agreements to approved CDBG eligible microenterprises.r Monitor program progress, contractor performance, and cornpliance with applicable federal andstate regulations.Iassistancerecord for each microeMaintain a' Meet the CDBG national objective of principally benefrting low- and moderate-income persons.r Accomplish HUD's outcome of increasing the availability/accessibility of microenterprisetechnical and financial assistance to create econornic opportunities and respond to COVID-19economic impacts.BudgetAmount$217,964s7sp00Section B: Project Activities, Milestones and Budget (continued)CDBG BudgetCode05 PublicServlces:0sQ5ubsistencePayments051ChildcareServices18C Migo'enterpriseAssistanceTOTAL: sZgZ,ge+
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
'101 1 Plum Street SE . PO Box 42525 ' alympia, Washington 98504-2525 . (360) 725-4000
www.commerce,wa,gov
October ZZ,2020
The l-ionorable Brett Wachsmith
Kittitas County Commissioner, District fI3
205 W 5th Ave, Suite 108
Ellensburg, WA 98926
Dear Commissioner Wachsmith :
I anr pleased to inform you that Commerce has awarded Kittitas County ry$292,364 in federal
Community Development Block Grant - Coronavirus (CDBG-CV) funds. This award is based
on the jurisdiction's CDBG-CVI application for activities to prevent, prepare for, and respond to
coronavims in partnership with local service providers for the CDBG-CV1 consortium area.
Prior to grant contract execution, this letter allows you to begin inculring costs not to exceed ten
percent of your award as of March 27,2020, for only the lbllowing activities:
. Administration including documented staffirrg, travel and training. Pre-application costs, such as public hearing notices and documented staffing and time
for the CDBG-CVl consortium building and applicationr Review of environmenlal laws and authorities, including Section 106 of the National
I-iistoric preservation Act of 1996
r Preliminary engineering design wolk and consultations needed for the environmental
reviewr Subrecipient agreements or plofessional service contracts for any of the above activitie.s
A CDBG subrecipient agreement, for use if you pass these funds thlough to a service provider to
implement the grant, is available in Section l8 of the CDBG Management Handbook, which is
available electronically at www.commerce.wa. gov/cdbg and herg.
CDBG plocurement requirements rnust be tbllowed before hiring professional services or
contractol's to be ftrnded by this CDBG award. These requirements are in Sections 5 andT of the
CDBG Management Handbook.
CDBG-specifio compliance with the National Environmental Policy Act QIIEPA) mUst be
completed before any construction bid advprlising or propefiy acquisition activity can occul'.
These procedrres are described in Section 6 of the CDBG Management Handbook.
The Honorable Brett Wachsmith
Acl. ber22,2020
Page2
Eligible costs will be reimbursed by Commerce after your grant cbntract with Commerce is
executed and the NEPA environmental review is complete (see enclosure for further
explanation).
All costs to be reimbrused must comply with applicable state and federal requirements.
Additional CDBG-CVI implementation guidance is available on the CDBG-CY website here
and forthcorning.
The jurisdiction must have an active and unexpired Dun and Bradstreet Numbering System
(DLINS) in the System for Awatd Management (SAM) to avoid delays in the disbursement of
firnds. Grantees are required to maintain an active SAM regishation for the duration of their
contract by re-activating their DUNS rumber annr.rally at &e following website:
https ://www. sarn. gov/SAN{/.
Ifyoru project is not rtady to proceed, resulting in the contract's execution being delayed over
90 days from the date of this letter, the CDBG-CVI award may be rescinded,
Your contract manager will be oontacting you to develop the grant contract. Until then, if you have any
questions, please contact Kaaren Roe at 360.725.3018 or kaaren.roef0conlrllgrg,c.]l'_S,goy,
I congratulate you and others for your efforts thus far. We look forward to working with you to address
the impacts of COYID-I9 in your communities.
Sincerely,
frirfu
Matl( K.. Barkley /
Assistant I)irectorj
Enclosure
TIMING of CDBG FUNDING and NEPARESTRICTIONS
Costs incuned prior to the CDBG award ietter cannot be rcimbursed by CDBG. Eligible costs
will be reimbursed by Commerce after a grant contract has been formally executed and the
CDBG-specific procedures under NEPA and SEPA are completed. Executing the grant
contract and completing the environmental review can occur concurrently.
Unless tlie activity is exempt or categorically excluded and not subject to 24 CFR 58.5 under
NEPA, the local government grantee, subrecipients, contractors and all other participants may
not cornmit CDBG or non-CDBG fi,uids if the activity would have an adverse environmental
impacl or limit the choice of reasonable alternatives. This restrictiorr applies to activities as of
the date the CDBG program rcceiycsllle grant applicatior]. Portions of preliminaty design
work needed for cornpletion of the environrnental review are allowable.
Title 1 of the Housing and Community Development Act of 1974 as amended and the
environmental review procedures found in 24 CFR 58.22 apply to any activities as part of a
CDBG project. The environmental review activities completed for other federal or state
funding can ccntribute towards but not entirely meet the CDBG-specific procedure for NEPA
and SEPA. Section 6 of the CDIIG ManAgement Ilanclbook provides further detail and the
necessal'y CDBG forms.
Proiect Phase Restrictions on Elieiblc Activities
Before CDBG
contract is
executed and
envlronmcntal
review is
complete
With the award letter, the grantee can begin to incur costs up to 10% of
award for the following activities which don't require an envirorunental
review IF the grant application requested CDBG funding ofthese costs:
Administration: Executing the CDBG contract. Establishing
administrative, financial, reporting, and record keeping systems, including
staffrng, travel and training.
Environmental Review:
Review of environmental laws and authorities, including 24 CFR 58.5 and
Section 106 of the National Historic Preservation Act of 1996, such as:
o Consultation letters to atfected tribesr Cultural resource suryeyr Floodplain/wetlanddetermination
Preliminary engineering feasibility studies for the environmental assessment,
such as surveying and geotechnical or geophysical analysis (excluding
ground-disturbing activity of over one cubic sq. ft.),
Subcontracting: Subrecipient agreements or professional service contracts
for any of the above activities.
After CDBG
contract
exccution
All eligible costs will be reimbrnsed after
1, The applicable level of environmental review is documented and
complete, and funds have been released (see environmental review
guidance below);
2, The subrecipient agreement is executed, if applioable;
3. Proouremenl requirements arc met; and
4. Adequate back-up documentation is submitted witli the payment
request.
To be eligible for CDBG funding, all costs must be allowable under federal
cost plinciples and CDBG regulations, and identified in gtant application's
project budget as to be funded by CDBG,
While
completing
the
environmental
review
The local govemment grantoe must complete the applicable environmental
review procedures depending on the type ofproject:
1. Activities docunrentecl by the grantee, and confirmed by Commerce, as
exempt or Categolically Excluded and without impast to 24 CFR 58.5
laws, historical structures or culturally sensitive lancl may proceed with
commitment of CDBG and non-CDBG funds.
2. Activities that are Categorically Exoluded and impaot 24 CFR 58.5 laws,
or activities requiring an environmental assessment and a Finding of
Non-Significance (FONSI), rnust be dogurnented appropriately with a
request for release of CDBG funds submitted to Commerce.
Only after the Commerce comment period is ended and funcls are
l'elcascd, may CDBG and non-CDBG funds be committed for activities
such as:
r Finalizing design and bid specifioationsr Advertising for construction bids. Property acquisition, including sales and purchase agreementsr Site Preparationr Demolition
Scction 6 of thc CIlllG Mannsemeilt I'landbQoh provides further detail
and the necessary CDBG forms to complete the environmental review.
ATTACHME*t
i,.glX
Determination of Exemption &
Determination of Categorical Exclusion (not subject to Section 58.5)
Deterrnination of activities per 24 CFR 58.34{a) and 58.35(b)
Project Description and Location:
Kittitas County as a consortiurn with all cities applying to fund CDBG public services and local rnicroenterprise assistance
programs; rental and rnortgage assistarrce and daycare expenses for people lvho have lost inconre due to COVID- I 9 impacts.
All CDBG funded activities must benefit low-arrd nroderate-income persons or mcct the CDBG urgent need national objective
critetia.
L-ocgl Goverlnlent Namet Kittitas County
Address: 205 W 5th Ave Suite 105 Ellensburg WA 98925
Contract N u m b er: 2O-622LC-LL1
Welfare
Other
Nutritional services
Short term payments for rent/mortgage/utility costs
Assistance in gaining access to government benefits/services
Fundi Sources:
v category below, and listed at 24 CFR 58.34(af as Exempt.
tr L. Environmental and other studies, resource identification, and development of plans and strategies
lnformation and financial services
Administrative and management activities
Public services that will not have a physical impact or result in any physical changes including but not limited to services
concerned with:. Employment I Recreation needs r Energy conservation
ts so!!rce! W4 s!q!g qDBc-
The activity falls into the checked
| -qbg':rqnding
2
3
4
n . Crime preventionI Child care
r Health
r Drug abuse. Educationr Counseiing
!
5. lnspections and testing of properties for hazards or defects
5. Purchase of insurance
7. Purchase oftools
8 Engineering ordesign costs
9. Technical assistance and training
10. Temporary or permanent improvements that do not alter environmental conditions and are limited to activities to
protect, repair or arrest the effects of disasters or imminent threats to public safety, including those resulting from
ohvsical deterioration.
11. Payment of principal and interest on loans made or obligations guaranteed by HUD
The activity falls into the checked category listed below, and is listed at 24 CFR 58.35(b) as a Categorically Excluded
activity @! subject to Section 58.5.
1. Tenant-based rental assistance
;-tr
iv
i.--in
j
I
I
Ii8
I
X
2. Supportive Services (including but not limited to):
r Health care I
' Housing services I
r Permanent housing placement r
_ ,.' Dey.lgle
3. Operating Costs:r Maintenance. Security. Operation
. Utilitiesr Furnishings
r, .. _Equipment
Supplies
Staff training and recruitment
ATTACHMENT 6-c(2)
NEPA
i
I
ij
I
I
a
Othe r exp e I s g_! n o_t as ! gc1glgg_try1![ co n s tr u ct i o n o r ex p a n s io n
5. Activities to assist homeownership of existing or dwelling units under construction, lncluding:r Closing costs and down payment assistanc€ to homebuyers
-?-"-ln!-ere{!gv4ev ns or other actions resu Iting in transfer of title
6, Affordable housing pre-development costs
Legal consulting
Developer and other site-option costs
Project financing
Ad mbislf?tiye qqstl tor ]o, ?n gglll['i*t]sgnlsf zonlQg approvals, and other activities which don't have a physical impact
7. Approval of supplemental assistance (including insurance or guarantee) to a project previously approved under Part 5g if:
the same responsible entity conducted the environmental review on the original project and re-evaluation of the
envilglmental findings is not required under Section 58.47
Additional HUD Laws & Authorities CFR
Section 1. Flood Dlsaster Protection Act
Section 58.6 requires compliance with the Flood Disaster Protection Act, However, under 24 CFR 55.1 (b[l) the prohibitions are
notapplicabletoHUDfinancialassistanceundertheState-administeredCDBGProgram(24CFRpart5T4subpartl). Therefore,the
Act does not apply.
Section 2. Airport Runway Clear Zones (Civilf and Accident Potential Zones (Militaryf
(Check as dppropriate)
Does the proiect involve HUD assistance, subsidy or insurance for the purchase or sale of
an existing property?I vrs
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4. Economic Development Activities:. Equipment purchaser lnventory financing
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lnterest subsidy
Operating costs
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Xno
Proceed to Section 3-
regulation does not apply.
NEPA CERTIFICATION
A Request for Release of Funds (RROF) is not required for this project. The activity may be initiated without further environmental
review beyond 24 CFR Part 58.6.
SEPA CERTIFICATION
The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental Protection Act (SEPA,
Chapter 43.21C RCW) and has determined:
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ls the project located within 2,500 feet of a civil airport or 15,000 feet of a military airfield?!no
Document & proceed to
Sectlon 3-regulation
does not apply.
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Eruo
Document & proceed to
Section 3-regulation
does not applv.
ls the project located within an FAA-designated civilian airport Runway Clear Zone (RCA) or
Runway Protection Zone, or within the military Airfield Clear Zone (CZ) or Accident
Potential Zone/Approach Protection Zone (APZ), based upon information from the airport
or military airfield hdministrator identifying the boundaries of such zones?
Comply with 24 CFR Part 51, Subpart D which may include providing a written notice to a prospective buyer or leaser of the
potential hazards from airplane accidents and the potential that an airport or airfield operator may wish to purchase the property
at some point in the future as part of a clear zone acquisition program. Maintain copies of the signed notice. For properties
located in a military clear zone, make and document a determination of whether the use of the property is generally consistent
with DOD guidelines. Notice Sample:
Section 3. Coastal Barrier Resources Act.
Section 58.6 also requires compliance with the Coastal Barrier Resources Act. There are no Coastal Barrier Resource Areas in
Wash State. Therefore, the Act does not a
ATTACHMEI'IT 6.G(3)
NEPA
tr The project is Categorically Exempt under SEPA WAC 197.11.800
OR
tr The project does not have a probable adverse impact on the environment (WAC t97-Lt-9701and an envlronmental impact
statement is not requlred. Documentation supporting the Determination of Non-signlficance ls contained in the Environmental
Review Record.
Preparer Name (prlntf : Judy Pless
Tltle: Budget & Finance Manager
Date: 02-25-2021
Chlef Admlnlstrative Official (printf : Brett wachsmith
Signature:
Title Chairman, Board ofCountyCgprylsslonerc - ?
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Date: 03-02'2021