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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 Continue 4. Economic Development Activities:. Equipment purchaser lnventory financing I I I lnterest subsidy Operating costs I : : t l I n tr I I I t I 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: I vrs Continue 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. EYrs Continue 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 - ? -a'-- Date: 03-02'2021