HomeMy WebLinkAboutRes-2021-095RESOLUTION
No.zozr_124{
A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH THECHAMBER OF COMMERCE RELATED TO CORONAVIRUS (CDBG-CV-l)
PROGRAM CONTRACT #20-622IC-1 15
WHEREAS, Kittitas county applied for and was awarded a contract with the Department ofcommerce (coronavirus (cDBG-cV- 1 ) program contract #20-6221 c_ 1 1 5) ; and
WHEREAS, the Chamber of Commerce is prepared to provide the services ouflined in thatcontract denominated as enterprise assistance as " p"rt of ftre county's coronavirus relief effort.
NoW' THEREFoRE, BE lT RESOLVED: The Board of County Commissioners is authorizedto execute the attached contract with the chamber of comr"ice related to coronavirus(CDBG-CV-1 ) Program Contract #20-6221C_1 1 S.
DATED this 1Sth day of June 2021, at Ellensburg, Washington.
BOARD OF COLINTY COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF'WASHINGTON
KITTITAS COLINTY,HINGTON
Chair
ABSENT
Vice-Chair
omml ssioner
n4"lC)
Clerk of the
Contract Page 001
oard
ATTACHMENT lS.C (1)
SUBRECIPIENT AGREEMENT
BETWEEN
KITTITAS COUNry AND THE KITTITAS COUNTY CHAMBER OF COMMERCE
This Agreement is made between KlrrlrAs couNTY (herein called the Local Government) and Ktr'TAscoUNTY CHAMBER oF coMMERCE (herein called Subrecipient) for the cDBG-cVl pubtic Servicesubsistence Payments and childcare services (herein called the project).
As the washington state Department of commerce (commerce) is authorized by the federalDepartment of Housing and Urban Development (HUD) to provide funds to units of local governmentselected to undertake and carry out projects under the Washington state community DevelopmentBlock Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulationsand policies; and
As the local Government has applied for and received a GDBG award, contract number 2o-6221c-715(CFDA L4'2281, to fund the Project with Federal Award ldentification Number (FAtN): B-20-DW-53-000.1;and
As it benefits the Local Government to engage the subrecipient to accomplish the scope of work andthe objectives of the local GDBG project; for Activities to prevent, prepare for, and respond tocoronavirus in partnership with local service providers for the CDBG-CV1 consortium area.
The parties agree that:
1. SCOPE OF SERVICES
A. Local Government Responsibilities
The Local Government is responsible for administration of the GDBG contract, and ensuring GDBGfunds are used in accordance with all program requirements [(2a cFR 570.501(b)] and its CDBGcontract with commerce referenced above. The Local Government will provide such assistanceand guidance to the Subrecipient as may be required to accomplish the objectives and conditionsset forth in this Agreement,
B. Subrecipient Responsibilities
The subrecipient will complete in a satisfactory and proper manner as determined by the LocalGovernment the following tasks to accomplish the objectives of principally benefiting low- andmoderate-income persons. The subrecipient will periodically meet with the Local Government toreview the status of these tasks.
PrincioalTasks
Before providing microenterprise technical and finance assistance
a complete the environmental review and prepare an environmental review record incompliance with NEpA requirements for CDBG.
Develop and establish cDBG. microenterprise assistance program,s policies andprocedures, including grant/loan terms, cDBG income qualiihation, covto_rg impactverification, duplication of benefit prevention, and beneficiary reportingrequirements.
o
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ATTACHMENT 18.C (2)
r Conduct outreach and market the microenterprise assistance prograrns.r Develop and establish financial management systems for tracking microenterprise
assistance, training, grant receipts, and repayments for microenterprise assistance.
Before executing a microenterprise assistance agreementr Review and process applications for microenterprise assistance; confirm CDBG eligibilityr Complete second tier environmental review for activities as needed.r Provide microenterprise training and technical assistance. Approve microenterprise assistance agreements
Complete each microenterprise assistanceI Execute microenterprise assistance agreements to approved CDBG eligible
microenterprises.
r Monitor program progress, contractor performance, and compliance with applicable
federal and state regulations.r Maintain a complete record for each microenterprise assistance agreement.
Approx. 13-20 LMI microenterprise owners receive assistance bv or/gU2}zzo Meet the CDBG national objective of principally benefiting low- and moderate-
income persons.
' Accomplish HUD's outcome of increasing the availability/accessibility of
microenterprise technical and financial assistance to create economic
opportunities and respond to COVID_19 economic impacts.
2. TIME OF PERFORMANCE
The effective date of this Agreement is March 2T,2O2O and complete execution of this
agreement and will be in effect for the time period the contract expires January 3l,zOZg.
3. AGREEMENTREPRESENTATIVES
Each party to this Agreement shall have a representative, Each party may change its
representative upon providing written notice to the other party. The parties' representatives are
as follows:
A. Subrecipient:
Name of Representative: Amy McGuffin, chief Executive officer
Kittitas County Chamber of Commerce
Mailing Address: 609 N Main St
City, State and Zip Code: Ellensburg WA 99926
Telephone Number: 509-925-2002
E-mail Address: amy@kittitascountychamber.comUBI#: 601133921
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ATTACHMENT 18.C t3)
B. Local Government:
Name of Representative
Title:
Mailing Address:
City, State and Zip Code:
Telephone Number:
Fax Number:
E-mailAddress:
4. BUDGET
The LocalGovernment will pass through to the
for eligible incurred costs and .rp.nr", for the
Judy Pless
Budget & Finance Manager
205 W 5th Ave Suite i.05
Ellensburg WA 98926
509-962-75A2
509-952-7687
judy.pless@co. kittitas.wa. us
Subrecipient no more than S75,000 in CDBG funds
Project according to the following budget.
5.
lndirect cost Rate if the subrecipient chooses to charge lndirect under this grant, thesubrecipient shall provide their indirect cost rate that has been negotiated between their entityand the Federal Government' lf no such rate exists, a de minimis indirect cost rate of L0% ofModified Total Direct Costs (MTDC) will be used.
"Modified Total Dir " shall mean all direct salaries and wages, applicable fringe benefits,materials and supplies, services, travel, and up to the first 525,000 of each subaward (regardlessof the period of performance of the subawards under the award). MTDC excludes equipment,capital expenditures, and rental costs.
Any amendments to this Agreement's Budget must first be determined by the local Governmentas consistent with its CDBG contract with commerce and then approved in writing by the LocalGovernment and the Subrecipient.
PAYMENT
The Local Government shall reimburse the Subrecipient in accordance with the paymentprocedures outlined in the cDBG Management Handbook, Financiar Management section for all
il:ffinixpenses
agreed upon bv the parties to comptete the scope of service as approved in
Reimbursement under this Agreement will be based on billings, supported by appropriate detaildocumentation of costs actually incurred. lt is expressly understood that claims forreimbursement will not be submitted in excess of actual, immediate cash requirements necessaryto carry out the purposes of the agreement. Funds available under this Agreement will beutilized to supplement rather than supplant funds otherwise available.
It is understood that this Agreement is funded in whole or in part with GDBG funds through thewashington state cDBG Program as administered by commerce and is subject to those
Project Budget Element Budgeted Amount
croenterprise Assista nceL8CMi
Szs,ooo
Rate,
A"
dln rect Co st ateR %Fed rale ly Approved ndirect LOo/oor d elnmimsfilorrate,o ut d liec"N/ni to ch nng d irectarge i0 /.
Contract Page 004 Page 3 of 14
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ATTACHMENT lS.C (4)
regulations and restrictions normally associated with federally-funded programs and any otherrequirements that the State may prescribe,
The final request for reimbursement shail be January rs,zoz3.
6. PERFORMANCEMONITORING
The Local Government will monitor the performance of the subrecipient by tracking projectprogress, reviewing payment requests for applicable costs, managing the timely pass-through ofGDBG funds, overseeing compliance with cDBG requirements, and ensuring recordkeeping andaudit requirements are met. substandard performance as determined by tie Local Governmentwill constitute noncompliance with this Agreement.
lf action to correct such substandard performance is not taken by the subrecipient within areasonable period of time after being notified by the Local Government, contract suspension ortermination procedures will be initiated.
7. SPECIAL CONDITIONS-
A. prevent Duplication of Benefit
The cARES Act provides that there are adequate procedures in place to prevent anyduplication of benefit as required by section 372ofthe Robert T. stafford Disaster Reliefand Emergency Assistance Act (42 U,S.C, 5L55), as amended by section 1210 of theDisaster Recovery Reform Act of 2018 (division D of public Law 115-25 4; L3|stat. 3442).HUD requires each Grantee (and subrecipient) have procedures to prevent theduplication of benefits when it provides financial assistance with GDBG-CV funds. Federaldisaster 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 seethat the assistance will not cause a duplication of benefits, meaning that the cost has notor will not be paid by another source. Any person or entity (including subrecipients)receiving cDBG-cV assistance must agree to repay assistance that is determined to beduplicative; and to assess whether the use of cDBG-cV funds will duplicate financialassistance already received or is likely to be received by acting reasonably, Grantees (andsubrecipients) must have a method to evaluate need and the resources available to meetthat need' cDBG-cv funded activities will prevent, prepare for, and respond to thecoronavirus
8. GENERAL CONDITIONS
A. GeneralCompllance
The Subrecipient agrees to comply with:
r The requirements of Title 24 of the code of Federal regulations, 570 (HuD regulations
concerning CDBG); and
r All other applicable Federal, State and Local laws, regulations, and policies, governing
the funds provided under this Agreement.
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B. CDBGNationalObiective
The subrecipient certifies the activities carried out under this Agreement meet a cDBGProgram Nationar objective defined in 24 cFR 57o.2og.
C. lndependentContractor
Nothing contained in this Agreement is intended to, or will be construed in any manner, ascreating or establishing the relationship of employer/employee between the parties. TheSubrecipient will at all times remain an "independeni contractor,, with respect to theservices to be performed under this Agreement. The Local Government *itt u. exemptfrom payment of atl Unemployment compensation, FlcA, retirement, life and/ormedicalinsurance and workers' compensation lnsurance, as the subrecipient is an independentcontractor.
D. Hold Harmless
The subrecipient will hold harmless, defend and indemnify the Local Government from anyand all claims, actions, suits, charges and judgments whatsoever that arise out of thesubrecipient's performance or nonperformance of the services or subject matter called forin this Agreement.
E, Workers'Compensation
The subrecipient will provide workers' compensation rnsurance coverage for all of itsemployees involved in the performance of this Agreement.
F. lnsurance and Bonding
The subrecipient will carry sufficient insurance coverage to protect contract assets from lossdue to theft, fraud and/or undue physicar damage, ,nJ., a minimum wi1 purchase ablanket fidelity bond covering all employees in an amount equal to cash advances from theLoca J Government.
The subrecipient shall furnish the Local Government with properly executed certificate ofinsurance or a signed policy endorsement which shall clearly evidence all insurance requiredin this section prior to commencement of services. The certificates will, at a minimum, listlimits of liability and coverage. The certificate will provide that the underlying insurancecontract will not be cancelled or allowed to expire except on thirty (30) dayslrior writtennotice to the Local Government. Exhibit A includes the insurance requirements for theSubrecipient
G. Fundine Source Recoenition
The subrecipient will insure recognition of the roles of commerce, the wA state GDBGprogram' and the Local Government in providing services through this Agreement. Allactivities, facilities and items utilized pursuant to this Agreement will be prominenlylabeled as to funding source. ln addition, the subrecipiint will include a reference to thesupport provided herein in all publications made portibt. with funds made available underthis Agreement.
ATTACHMENT lS.C {5)
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ATTACHMENT 18-C (6)
H. Amendments
The Local Government or Subrecipient may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and approved bythe Local Government's governing body. Such amendments will not invalidate this
Agreement, nor relieve or release the local Government or Subrecipient from its obligations
under this Agreement.
l. Suspension or Terminatioq
ln accordance with 2 cFR 200.338-9, the Local Government may suspend or terminate this
Agreement if the Subrecipient materially fails to comply with any terms of this Agreement,
which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statues, regulations, executive orders, and HUD guidelines, policies or directives as
may become applicable at any time;
2' Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement.
3. lneffective or improper use of funds provided under this Agreemenu or
4' Submission by the subrecipient to the Local Government of reports that are incorrect or
incomplete in any material respect.
ln accordance with 2 CFR 200.339, this Agreement may also be terminated by either the
Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to
be terminated. However, if in the case of a partial termination, the Local Government
determines that the remaining portion of the award will not accomplish the purpose for
which the award was made, the Local Government may terminate the award in its entirety.
ADM INISTRATIVE REQUIREMENTS
A. FinancialManagement
L. Accountine Standards
The Subrecipient agrees to comply with 2 cFR 200 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient willadminister its program in conformance with 2 CFR 2OO. These
principles will be applied for all costs incurred whether charged on a direct or indirect
basis,
9
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B
ATTACHMENT lS.C (7)
3. Duplication of Costs
The subrecipient certifies that work to be performed under this Agreement does notduplicate any work to be charged against any other contract, subcontract or othersource.
Documentation and Record Keeping
1. Records to Be Maintained
The subrecipient will maintain all records required by the Federal regulations specifiedin 24 CFR 570'506 that are pertinent to the activities to be fundeo under this Agreementand those records described in the cDBG Management Handbook. such records willinclude but not be limited to:
a, Records providing a fuil description of each activity undertaken;
b' Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
c. Records required to determine the erigibirity of activities;
d' Records required to document the acquisition, improvement, use or disposition ofreal property acquired or improved with cDBG assistance;
e' Records documenting compliance with the civil rights components of the SDBGprogram;
f. Financial records as required by 2a cFR sTo,soz,and 2 cFR 200.333;
g' Labor standards records required to document compliance with the Davis Bacon Act,the provisions of the contract work Hours and safeiy standards Act, and all otherapplicable Federal, State and Local laws and regulations applicable to cDBG-fundedconstruction projects; and
h' other records necessary to document compliance with subpart K of 24cFR 570.
2. Access to Records and Retention
The grantee, commerce, and other authorized representatives of the state and federalgovernments shall have access to any books, documents, papers and records ofthesubrecipient that are directly pertinent to this Agreement for the purposes of makingaudit, examination, excerpts and transcriptions.
All such records and all other records pertinent to this Agreement and work undertakenunder this Agreement witl be retained by the subrecipient for a period of six years afterfinalaudit of the Local Government's CDBG project, unless a longer period is required toresolve audit findings or litigation. ln such cases, the Local Government will request alonger period of record retention.
3, Audits and lnspections
All Subrecipient records with respect to any rnatters covered by this Agreement will bemade available to the Local Government, Commerce, and duly authorized officials of thestate and federal government, at any time during normal business hours, as often as
Contract Page 008 PageT of14
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c.
ATTACHMENT 1S.C (8)
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevantdata.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within30 days after receipt by the Subrecipient. Faiture of the Subrecipient to comply with theabove audit requirements will constitute a violation of this Agreement and may result inthe withholding of future payments.
The Subrecipient that expends S750,ooo or more in a fiscal year in federal funds from allsources hereby agrees to have an annual agency audit conducted in accordance withcurrent Local Government policy concerning subrecipient audits and 2 cRF 200.501. Thecatalog of Federar Domestic Assistance (CFDA) number is14.z2g.
Reporting
l. Program lncome
The subrecipient will report annually all program income (as defined at 24 cFR570'500(a))generated by activities carried out with cDBG funds made available underthis Agreement, The use of program income by the Subrecipient will comply with therequirements set forth at 24 CFR 570.504.
2. Periodic Reoorts
The subrecipient, at such times and in such forms as the Local Government may require,will furnish the Local Government such periodic reports as it may request pertaining tothe work or services undertaken pursuant to this Agreement, the costs and obligationsincurred or to be incurred in connection therewith, and any other matters covered bythis Agreement.
Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement will be incompliance with the requirements of 2 cFR 200.311 and 313, 24 cFR 570.502,570.503,
570'504, as applicable, which include but are not limited to the following:
1' The subrecipient will transfer to the Local Government any GDBG funds on hand andany accounts receivable attributable to the use of funds under this Agreement at thetime of expiration, cancellation, or termination.
2' Real property under the Subrecipient's control that was acquired or improved, in wholeor in part, with funds under this Agreement in excess of S2S,000 will be used to meetone of the GDBG National objectives pursuant to 24 cFR 570.20g until ten (L0) years
after the contract between Commerce and the Local Government is closed, lf thesubrecipient fails to use cDBG-assisted real property in a manner that meets a GDBGNational objective for this L0-year period of time, the Subrecipient will pay the LocalGovernment an amount equal to the current fair market value of the property less anyportion of the value attributable to expenditures of non-CDBG funds for acquisition of,or improvement to, the property after the GDBG program,s approval. such payment willconstitute program income to the Local Government. The Subrecipient may retain realproperty acquired or improved under this Agreement after the expiration of the ten-year period,
D
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10
B.
ATTACHMENT lS.C (e)
3' ln cases in which equipment acquired, in whole or in part, with funds under thisAgreement is sold, the proceeds will be program income. Equipment not needed by thesubrecipient for activities under this Agreement will be (a) transferred to the LocalGovernment for cDBG-eligibie activities as approved uy ttre cDBG program or (b)retained after compensating the Local Government.
PERSON NEL AN D PARTICIPANT CONDITTONS
A. Civil Rights
ntle vt of the civil Rishts Act of 1964;
Under Title Vl of the Civil Rights Act of !964, no person will, on the grounds of race, color,creed, religion, sex or national origin, be excluded from participation in, be denied thebenefits of, or be subjected to discrimination under any program or activity receivingfederal financial assistance.
No person in the united states wilr on the grounds of race, coror, creed, religion, sex ornational origin be excluded from participation in, be denied benefits of, or be subjected todiscrimination under any program or activity funded in whole or in part with funds madeavailable under thls title.
No person will be excluded from participation, denied program benefits, or subjected todiscrimination on the basis of age under any program or activity receiving federal fundingassistance. (42 U,S.C. 610 et. seq,)
No otherwise quarified individuar wiil, sorery by reason or his or her dfrom pa rticipation (i ncruding emp roym ent), denied program benefits,discrimination under any program or activity receiving iederarfunds.
w
isability, be excluded
or subjected to
(2e u.s.c. 7e4)
subject to the provisions of this title, no qualified individual with a disability will, by reasonof such disability, be excluded from participation in or be denied the benefits of theservices, programs, or activities of a public entity, or be subjected to discrimination by anysuch entity.
section 3 of the Housing and community Deveropment Act of 1968
compliance in the provision of Training, Emproyment, and Business opportunities:L' The work to be performed under this agreement is on a project assisted under aprogram providing direct federal financial assistance from HUD and is subject to therequirements of section 3 of the Housing and urban Deveropment Act of 19Gg, asamended' 12 U's'c' l7oLu' section 3 requires that to the greatest extent feasibleopportunities for training and employment be given lowei-income residents of theproject area; and contracts for work in connection with the project be awarded to
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ATTACHMENT 1S.C (10)
business concerns which are rocated in, or owned in substantiar part, by persons
residing in the area of the project.
2' The parties to this contract will comply with the provisions of said section 3 and theregulations set forth in 24 CFR 1.35, and all applicable rules and orders of HUD andCommerce issued thereunder prior to the execution of this contract. The parties to thiscontract certify and agree that they are under no contractual or other disability thatwould prevent them from complying with these provisions.
3' The subrecipient will send to each Iabor organlzaflon or representailve of workers wlthwhich he has a collective bargaining agreement or other contract or understanding, ifany, a notice advising the said labor organization or workers' representative of hiscommitments under this Section 3 clause and will post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
4' The Subrecipient will include this Section 3 clause in every subcontract for work inconnection with the project and will, at the direction of the applicant, or recipient offederal financial assistance, take appropriate action pursuant to the subcontract upon afinding that the subcontractor is in violation of regulations issued by the secretary ofHUD,24 cFR 135. The subrecipient will not subcontract with any subcontractor where ithas notice or knowledge that the latter has been found in violation of regulations under24 cFR 135 and will not let any subcontract, unless the subcontractor has first providedit with a preliminary statement of ability to comply with the requirements of theseregulations.
5' Compliance with the provisions of Section 3, the regulations set forth in 24 cFR 1.35, andall applicable rules and orders of HUD and Commerce issued hereunder prior to theexecution of the contract, will be a condition of the federal financial assistance providedto the project, binding upon the applicant or recipient for such assistance, its successors,and assigns. Failure to fulfill these requirements will subject the applicant, or recipient,its consultants and subcontractors, its successors and assigned to those sanctions
specified by the grant or loan agreement or contract through which federal assistance isprovided, and to such sanctions as are specified by z+ crn irs.
Conduct
1. Assisnabilitv
The Subrecipient will not assign or transfer any interest in this Agreement without theprior written consent of the Local Government thereto; provided, however, that claimsfor money due or to become due to the Subrecipient from the Local Government underthis contract may be assigned to a bank, trust company, or other financial instjtutionwithout such approval. Notice of any such assignment or transfer will be furnishedpromptly to the Local Government and Commerce.
2 Conflict of lnterest
No member of the Local Government's governing body and no other public official ofsuch locality, who exercises any functions or responsibilities in connection with theplanning or carrying out of the project, will have any personal financial interest, direct or
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ATTACHMENT 18-C (11)
indirect, in this Agreement; and the subrecipient will take appropriate ste ps to assure
compliance.
The subrecipient agrees to abide by the provisions of 2 cFR 2oo.31g and 24 cFR
57o.6LL, which includes maintaining a written standard code of conduct that will govern
the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
The Subrecipient covenants that its employees have no interest and will not acquire
interest, direct or indirect, in the study area or any parcels therein or any other interest
which would conflict in any manner or degree with the performance of services
hereunder, The Subrecipient further covenants that in the performance of this
Agreement, no person having such interest will be employed.
3. Certification ReAardinA Debarment. Suspension, tnelieibilitv and Voluntarv Exclusion -
Lower Tier Covered Transactions
a. The lower tier contractor certifies, by signing this contract 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 contractor is unable to certify to any of the statements in this
contract, such contractor will attach an explanation to this contract.
D. Copvrieht
lf this Agreement results in any copyrightable material or inventions, the Local Government
and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable Iicense
to reproduce, publish or otherwise use and to authorize others to use, the work or
materials for governmental purposes.
E. RelieiousActivities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 57O.ZOoU), such as worship, religious
instruction, or proselytization.
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreernent will not be
affected thereby and all other parts of this Agreement will nevertheless be in full force and effect.
PERFORMANCE WAIVER
The Local Government's failure to act with respect to a breach by the Subrecipient does not
waive its right to act with respect to subsequent or similar breaches. The failure of the Local
Government to exercise or enforce any right or provision will not constitute a waiver of such right
or provision.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Local Government and the
Subrecipient for the use of funds received under this Agreement and it supersedes all prior
LL.
L2
13
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ATTACHMENT 18.C (12)
communications and proposals, whether electronic, oral, or written between the LocalGovernment and the subrecipient with respect to this Agreement.
The attachments to this Agreement are identified as follows:
EXHIBIT A - Insurance Requirements
EXHIBIT B - cDBG-cV lnteragency Grant Agreement between Commerce and the CDBG-
CV grantee, Kittitas County, which includes the Scope of Work and Budget for theprojects
lN wlrNEss wHEREoF, the Local Government and the subrecipient have executed this Agreement asof the date and year last written below.
KITTITAS COUNTY CO ERS KITTITAS COUNW CHAMBER OF COMMERCE
COUNW
Brett , cha an Amy McGuffin,Executive Officer
ABSENT
[aura adacz, Vice Chbirman
Wright, Commissioner
U tf 2{Date bl q laoat
(
il,t
llillill
$
k,erk ofthe Board or
Deputy Clerk of the Board
Approved As To Form:
Attorney
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The contractor shall secure and maintain in effect at all times during performance of the work suchinsurance as will protect contractor, its support and the Additional insured,s from all claims, losses,harm' costs' liabilities, damages and expenses arising out of personal injury (including death) or propertydamage that may result from performance of the wJrk or tt,i, ngr""rent, whether such performance isby Contractor or any of its Support.
All insurance shall be issued by companies admitted to do business in the state of washington andhave a rating of A-, class Vll or better in the most recently published edition of Best,s Reports unlessotherwise approved by the county. lf an insurer is not admitted, all insurance policies and proceduresfor issuing the insurance policies must compry with chapter 4g.15 Rcw and 2g4_15 WAC.
The Contractor shall provide proof of insurance for:
X
Coverage limits not less than:
ATTACHMENT 1S.C (13)
EXHIBIT ''A''
. 55,000,000 per occurrence. S1,000,000 per occurrence liquor liability. S1,000,000 products & completed operations aggregateo S1,000,000 personaland advertising injury, each offenser Certificate Holder _ Kittitas Countyr The Certificate must name the county as additionar insuredr sixtY (60) days written notice to the county of canceilation of the insurance policy
E
Automobile Liability for owned, non-owned, hired, and leased vehicles (Mcs g0 endorsementond a cA 9946 endorsement must be attoched if 'pollutonts' ore to be transported)o Coverage lirnits not less than:. S1,000,000 combined single limit
' Thirty (30) days written notice to the county of canceilation
of the insurance policy.
X Workers' Compensation
Workers'Comp.ensation in amounts required by law
[J Stop Gan/tmplovers tiabilitv
Coverage limits not less than:. S1,OOO,o00 each accident. 51,000,000 disease _ policy limit. 51,000,000 disease - each employee
Be Required:MayAdditionalCoverage
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ATTACHMENT 18.C (14)
r Thirty (30) days written notice to the county of canceilation
of the insurance policy.
I Professional Liabitity
The Contractor and/or its Subcontractor and/or its consultant providing professional services
shall provide evidence of Professional Liability lnsurance covering professional errors and
omissions, Such policy must provide the following minimum limits:r 91,000,000 per claimr $2,000,000 annual aggregater lf insurance is on a claims-made form, its retroactive date, and that of all subsequent
renewals, shall be no later than the effective date of this Contractor shall furnish the County
a certificate of lnsurance to include the Policy Endorsements/Exclusions as evidence thatpolicies providing insurance required by this Agreement are in full force and effect.
Contractor hereby waives all rights of recourse, including any right to which another may be
subrogated, against Kittitas County for personal injury, including death, and property
damage. Contractor's insurance policies required above shall be primary insurance and shall
be non-contributing with any other insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to anytools, Contractor's employee-owned tools, machinery, equipment, or motor vehicles owned or rentedby the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary
structures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are
obtained by subcontractors,
NOTE: No contract shall form until and untess a copy of the Certificate of tnsurance with
Endorsements/Exclusions, properly completed and in the amount required, is attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during the term of the
Agreement shall be considered a material breach of contract and cause for immediate termination of
the Agreement at the County's discretion. Alternatively, the County may procure and maintain, at the
Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required
coverage(s). The County may offset the cost of such insurance against payment due to the contractor
under this Agreement.
Contract Page 015 Page 14 of 14
Revised ll25l202I
EXHIBIT B
)'l%)'
Washington State
Deoartment of
Ctl'ruttL'rce
Interagency Grant Agreement with
Kittitas County
through
For
Community Development Block Grant Program
CDBG - Coronavirus (CDBG-CVI)
Activiues to prevent, prepare for, and respond to coronavirus in
paftnership with local seruice providers for the cDBG-cvl
consortium area.
Staft date: 312712020
Contract Page 016
BOARD OF COUNTY COMMISSIONERS
COUNW OF KITTITAS
STATE OF WASHTNGTON
A RESOTUTION AUTHORIZING THE EXECUTION OF AN
INTERAGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE FORCOMMUNITY DEVEI.OPM ENT BLOCK G RANT -CORONAVIRUS (CDBG.CV.II PROG RAM
c o NT RACT # 20-6221c-t'r5
RESOTUT|oN NO.202b 83c
WHEREAS, chapters 39.33 and 39.34 Rcw, the tnterlocal cooperation Act, authorizespublic agencies to enter into agreements for mutually advantageous joint or cooperative action;and
KITTITAS COUNTY,
WHERCAS' Kittitas county and washington state Department of commerce are publicagencies within the meaning of chapters 39.33 and 39.34 RCW; and
wHEREAS, Kittitas county and washington state Department of commerce will enterinto the agreement to fund the coits incurred for the Activiiies to preven! prepare for, andrespond to coronavirus in partnership wlth local servlce provlders for the cDBG-cvl consorilumarea. in Kittitas county for the period of March 27, 2o2othru January 3r., 2023.
Now' THEREFoRE, BE lr REsowE4 the Kittitas county Board of county comrnissionersauthorizes the execution of the lnteragencyAgreement with washington state Department ofcommerce, attached hereto, and incoiporated herein by thrs ,"rir*...
A''ROVED, this 2ND day of March ZOZL, atEllensburg, Washlngton,
BOARD OF COUNTY COMMISSIONERS
rltt
Brett,, Chairman
ABSENT
Laura Vice-Chiirman
Cory Wright, Commissioner
t o
Contract Page 017
of the
TABLE OF CONTENTS
Speclal Terms and Condltions
1.
2,
3.
4.
5.
6.
7.
8.
o
'10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Authority
Definitions
Acknowledgement of Federal Funding...1
1
1
2
2
3
3
3
Acquisilion And Disposition Of Assets
Audit
Billing Procedures and Payment
Envlronmental Review
Compensaflon
Closeout
Debarment
lnsurance
lndirect Costs... .., . ....4
,5
Artifacts, Human Remalns
5
5
5
5
5
5
6
6Subcontractor Data Colleclion
Subcontracts for Engineering Services......
Order of Precedence 6
0
General Terms and Condlfions
1.
2.
3.
4.
5.
o.
7.
8.
o
10,
11.
12.
13.
14.
15.
f6,
17.
18.
18.
20.
21,
Attachment A, Scope of Work and Budgel
Attachment B, Letterto lncur Costs
Contract Page 018
FACE S}IEET
Wnshington Strte Department of Commerce
Locol Govcrnment Diylslon
Community .Aseistcnce and Rcsoarch Unit
CDBG . Coronavlrus (CIIBG.CVI)
Conlrrct Num ber: 20-6221 C-l I 5
1. Grantee
Kittitas County
205 W sth Ave, Suite 108
Ellensburg, Washington 98926
2. Grcntee Dolng Business As (optional)
NA
Brctt Waohsrnith, Kittilas County Commi*sioner, District #3
Phone: 509,962.?508
Email: brett.wachsmith.co@co.kittitas.wa.us
3. Grsntee Represcntrtive
Genny Matteson, ProJect Manager
Phone; (360) 725-3093
Fax: (360) 586-8440
Genny. matteson@commerce.wa.gov
Address:
PO Box 42525
l0l I Plum Strect SE
Olympia, WA 98504
4. COMMERCE Represcntatlve
9. Federal Funds (rs applicable) Fcdersl Agencyl Indirecl Rrte (if appllcnbte);
6. Funding Sourcc 7. Stsrt Dote
Federrt: I State: E Other: fl wll,: D 312712020
CFDA Number:
N/A
8. End llate
u31t2023
$292,364
5. Grant Ahount
$292,364
U.S. Department of Housinp
And Urban o.uetopmini--' 14'228
10, Tax ID #
9l-6001 349
rt. swv #
00r0475-00
12. UBI #
192002673
13. DUNS#
0t020254'.1
Activities to prevgn!
-pr-eparg {or, and respond to coronavirus in partnership with rocarconsortium area. A full description of the pioject is in Attachment -A" s"opeJf work and
service providcrs for the CDBC-CVI
Budget.
14, Grant Purpose
coMMERcE, defined as the Department of commerce, and the crantee, as defined above, acknowledge and acceptthe terms of thiscrant and Attachments and have executed this Grant on the date betow to si; ; ottlrc oat, and year referenced above and wanantthov aro authorized to bind their respective ngencies. Therights and ;biig;6;;;;both parties to this Granr are governed by rhis Grantand the following documents trereuy incorpirated by refe[noe: Gr"ff T";;- ;Jconditions inoluding Attachment ,,A,,- scope ofWork and Budget Attachment "8" - Letter to Incur_Costs (if appli t"t;;; the followin! Jo";;;;;".orporated heroin by
3Jflff;":*"tee's
application for funding and the communit,' ' ncnt nlock cranr p'"ti"i"r -J proc"dures, prepared by
I5. Slgning Statemcnt
JOAI
Director
Date
Date
Mark
Local
FOR .COMMERCE
Kittitas County Commissioner, Distriot #3
Wachsmith,
APPROVE}) AS TO FORM ONLY BY ASSISTAFIT
ATTORNE T GENERAL O7lI 7I2OIL.
APPROVAI,ON FILE.
lil
Contract Page 019
1. DEFlNlTlqNs
A' "Contractor" and "Grantee" ln lhis Grant, and the term -subrecipient,,found
in the federal
- community DevelopmenlPlock Granl (c_DBGI rurer
"noieJ,iiions, snalt mean the same.B' Gommunitv Develolment Block Grant - cororiavirus i""polniJ'rcoaG-cv) grants are funded bythe Coronavirus Aid, Retief, and Economic SecuriiViCARE-S) d.c' "Low- and moderate-income'snarr mean a t*.ehtri il;;;; eiuat ro or tess than B0 percent ofarea median income adjusted by family slze.D' "Subgrantee/Subconlrac{" shall hean one not in lhe employment of the Grantee, who isperforming all or part of those services under this crant lniei a'separate Grant w1h the Grantee.The terms "subgrantee'and "subcontractors', mean .rr.onlia"Ior(s) in any iler.E' "subrecipient" shall meen a non-federal entity that "rp"no"i"Jii"l awards receivsd from a pass-through entity to carry out a fedenal program, but does not inctuoe an lndividual that ls abeneficiary of such a prograrn, tt atsi exituoe";;;;;. th"t;;;;ir" federat fu;ds il exchange forgoods and/or services in the course of normar lrade or #;;;;;.2. AUTHORITY
coMMERcE and Grantee enter into this Grant pursuant to the authority granted by the lnterlocalCooperation Act, Ghapter 39.34 RCW.
3, AcKNOwLEp. gUENr _O_F_JEDEBAL EUNps
FederalAward Date: Juty 14,2O20
Federat Award tdentifi catlon Number (FAtN): B_20_DW_03-000 1Total amount of the federal awarO: $Z,ZZO,5gSAwarding officiat: John W. peters, tttiO CFO Director
The Grantee agrees lhat a.ny publicalions (written, vlsual, or sound) but excluding press releases,newsletters, and issue.anqtyleg, issued by'the Gr"t.il"*rliiig progors or pro1ects funded inwhole or ln part with federal iunds under thi6 conkact, stratt contiin irre following statements:
"This project was supported by Grant No. B-20-DW-53-000i awarded by the U.s.Department of Housing and uiban Development (HUD). point.-oiui"* in this documentare those of the author and do not necessirily reir"""it f'r omcilr posi1on or pol6les ofHUD' Grant funds are administered by the c6mmunit11 o"n"roprient atocr Grant program,Washington State Department of Commerce,,.
4. A-c_q_uts!r!9_N,A.N-D_ qsEqglTleNl)F Ass EJS
The Grantee will account for any tangible personal property acquired or improved with this Grant.
The use and disposition.of real property and equipment under thls Grant will be in compliance with thefq.ujl9q9lTf all applicable r6oerat tiw anu_regutation, incruding but not timited to 24 cFR part 84and24 CFR part 570,4B9,570.5oz,slo.sos,s7o.51t;;ilitdi6si..pprirabte, which inctude but arenot limited to the foilowing:
Real property thal was acquired or improved, ln whole or in part, w1h funds under thls Grant ln excessof $25'000 shall be used to meet one 6r thi doa-e _gt'gl"i Jfiti""r r"r ten (10) years after the Grantis closed' An-y-exception must be made wiih colrrrugnCE
"ppi"r"i"ritne Grantee wiltbe responsibteto pav CoMMERCE an amount equar to ihacunent rair miiretunr";'#ft;.;4;'i"H'."nViorrionof the value attributable to expenditures of non-cDBe runo* ioiarqrilition of or improvement to theproperty' such payment from the disposition or rearproqerty .;qutL; with thts crairt wlnrn.ren ftolyears of croseout of the Grant shail be treated as coeo Fro6rr'nlor".
!-case3 in..which eluipment acquired in whole or ln part with funds under lhis Grant is sold, lheproceeds will be CDBG program lircome.
State of Washlnglon
Deparhent olComrFrce
SPECIAL TERMS AND CONDITIONS
I NTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
Contract Page 020
lnteragency Grant Agreement
Page 1
..S-
PECIAL TERMS AND CONDITIONS
INTERAGENCY GMNT AGREEMENT
FEDERAL FUNDS
1- AUDIT
lf lhe Grantee i-i-"^^tu91"iq1"nt and expends $750,000 or more in federal awards from any and/or allsources in any flscal year, the Grantee shatt procuie an;;;; f";; singte audit o.' , progr"m-specificaudit for that flscar year, Upon .orpt"tion of dach .Jo', t Str"ntee snatt:A' submit to COMMERCE the reporting package specified tn oMB super circutar 2 cFR 200,s01,_ L'i""*:Jff:5"ri,?iliT,tlXf'-'pedi'ic
auJiili;ftil;ii"ir'"r, ili;;;py ;;i1ii"nas"me,,tB' submit to coMittERcE follow-up and developed corrective aclion ptans for all audit findings.lf the Grantee is a subrccipient and expends,less..then $750,000 in federal awards frorn any and/or all;i',fflr$l''v fiscal vear, the Granree stralt noti[iCdMMfi;i thtft #';i,Hii5'.'ingr" ,roit
The Granlee shall send all single audit documentation to -audilreview@commerce.wa.gov.2. Bil=_U NG- PR,O*C Eg-u BEs AN p-paillr ENT
COMMERCE wiil pay.Grantee upon acceptance of seruices providedinvoices, wn1r, drrdrra" i#Tri,rd io^ir,u n"p,'J;";i;jir;';;41",ilf,,!SE,$jJ,Tr"*r,""f#ri",l":Was hi ngton State tnvoi ce voucn"i rorm not,or! o[";'il;^- ;;fity.
The lnvoices shall describe and document, to,coMMERCE's satisfaction, a description of the workperformed, the progres,s of the prolect,-and fees. ic i;rric;;a[ inctude the contract Number
iX"Jlt'lrlX*
the Faci sheet or this di"ni.- rr dr'.;;;;;r"i.#, provioe a i"6il.-J'ui"r,down or
Payment shall beconsidered timely if made by CoMMERCE within.lhirty (30) calendar days after
!1HlJ"t
properly completed invo'lces.
.Fayment
shalt oe s"ni io rhe address designated by the
coMMERcE t"u-'-i! its. sole -discrslion, lerminate the Grant or withhold. payments claimed by theGrantee for servicis rsnoered ir ih; c't*i"" r"l. to sllisfactorily compty with any terrn or condition ofthis Grant' including completion or tne rnviionmental Review
"n'oin" retease of funds (if applicable).
iJ*:t#"#t3^iffElt"=:''in anlicipation of services or suppties to be provided under thts Grant shail
33ilME[3E;ffilifilfifffl.|H.o,'d rive (5) percent orthe torar srant amount untir acceptance by
lnvoices and End otfis-sa.! y-ea,r
The grantee must invoice end of state fiscal. year final invoices for all expenses from the beginning ofl[i'"gl[?1lfi:'"'lr'#-:"1;XliX'""",'#il;';;Hi;|fiii!1ru;i;:;il;';Yi'provide
Pupllcatio n of Bi iled_C_qS_tS
The Grantee shall not bill coMMERcE forservlces performed under lhis Agreement, and coMMERCE
:3il::i,ffilJiiicn|ilt:il1tfl?,?:1ji:l; 'ntnr.o tb puv'"'.,t1,'.i'-u,'0."n-orwir b; p;id bt ;;y orhe,
Prey-ent O-upliesfi sn qf B enefl r
The CARES Act provides.that there are adequale-procedures in prace to prevent any duplicalion ofbenefit as required bv section grz oithe nob;ii.-si;ifil6il"t"ifiLri"r and Emergency AssisranceAct (42 u's'c' 515s)' -"t 311"1gga 6tt ;;;"n .r,1o oI tne oirartli Recovery Reform Act of 2018(division D of Public law 115-25a; r:iz st"1 slgl nuo i"[rirltlacn Granree (and subrecipient)have procedures lo orevent the dupiicaiion ;'o"ner't! wrren lt pioviceJnnanciatassistance with .DBG_cV funds' Federal tiit"tt"ii"* p,'5;ibilffi prwision ot recerar asii.t"n"" in excess of need. Beforepaying a cost with federal disasier ;.Et;n;;, tne Grrnie"-("tio iuii"ripiunt) must check to see thatthe assistance will not cause a dup6;iiil;ilenefits, ri""il'l *,iitie cost has not or wil not be paid
Slate of Washington
oepu.t.eni oi Ciimer* lnteragency Granl Agrsoment
p8{,e z
Contract Page O21
SPECIAL TERMS AND CONOITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
by another source'Any pgPqtl or entity (including subrecipients) receiving cDBG-cv assistance mustagree lo repay assistance that is deteriined to oiouprc-atiG"-,ioio
"rr".rwhetherthe use of cDBG-cV funds will duplicate lTnancial
"r*irt"n"" atreaciy i"ii"iu"o or i. likely to t"-i"".i"JJ Ly actingreasonably' Grantees (and subrecipients) must havi a meihod lo
"v"luate need and lhe resourcesavailable lo meet that need,
plcaleued_c_ecle
The Grantee ls responsible for any audit exc,eptions or disallowed costs incurred by its own organizationor that of its subcontrac{ors/srOr.i.lpi",itl^-
3. CLOSEOUT
coMMERcE will advise the Grantee to initiate closeout procedures when there are no impediments toclosing and the following criteria trave leen-met or soon will be met:A' All costs have been incurred with the exception of closeout costs and any unsetfled third-partyclaims against lhe Grantee, costs are incuried wtr"n goods ano services are received or contractwork is performed.B' The Grantee ha_s herd a pubric hearing to review program performance,c' The Grantee has submitteo ttre boniiact ctosd,oui nepSrt. il"irur" to submit a repon wi1 notpreclude coMMERcE from effeciing closeout if it is deemei to u" in ttre stalCte iit"iust. nnyexcess grant amount in the Grantee'J possession shart ue ieium"o in tt * event of failure to finishor update the report.D' other responsibilities of the Grantee under this Grant and applicable laws and regulagons appear|i,.T:"r|fiffi'5;fl;#f i{;:l"Jv"'0'd; [;;i;il;;Jf,T" rlt"'".tin k;et;;]li"-e?"niop"n
4_ COXTP-_ENSAT|ON
coMMERcE shall oay an amount not to exceed tre amount ldentified on lhe Face sheet of rhis Grantfor the performanci oi arr tt'ings ;;;;#;;r.or incidentar ro the performance of work as ser forth inAttachment A, scope of woik ;;d ilA;i incorporated herein, and by reference the Grantee,sapplication for fu nding.
Grantes shall recelve reimbursement for travel.and othel expenses as aulhorized in advance bycoMMERcE as reimbursabu' eraniee s-nail re"eivu.orp"noiG'ioi travet exp€nses at cunent statetravel reimbursement rates
5. DEBARMENT
A' Grantee' defined.as the primary participant and.it.principals, certifies by signing lhese GeneralTerms and conditions trat to tn6 oest oiits knowreote
"-ni-o-"ri.iit,rt tt
"v,i' Are not presently debarred, suspended, proposed for deberment, declared ineligible, orvoluntarily excluded from covered tranrd"lioris ui "ni ri-i"r"r deparrrnent or agency,li' Have not within a three-year period preceding this Grant, been convicted of or had a civiljudgment rendered, against 'them ior rorrii.iion oi iruo or a criminal offense lnconnec-lion wilh obtaining, attempting to oltain, oiperrorming a public or private agreementor transaction, violalion ot r'eaeiat or" st"t"'rntiirri .t"trt"s or commission ofembezzlement, theft, forgery, bribery, ratsificaiion J Jestiuction of records, makinq falsestatemenrs, rax evasron, reieiving sioren properrv,-r;iiil;;il ili;.,'lio#tilfnon orjustice;
iii' Are not presenlly indicted for or olhenrvise criminally or civilly charged by a governmentalentily (Federal,.st-a!e,. or local) wjth pfiiii1"r iir lny'* the offenses enumerated inparagraph (1)(b) of federalExecutive Order 12549;"nJ, '
iv' Have not within a three-year perlod preceding the signlng of thls Grant had one or morepublic transactions (Fed6ral, $tate, oi local) te-rrninaie? ioi."r." of default,
Stateof Washimlon
Departmenl of Gimrnerce
Contract Page 022
lnleragency Gnnt Agreement
Page 3
B' lA/here the Grantee is.unable to certifu to any of lhe statements in this Grant, the Grantee shallatlach an explanation to this Grant.
G' The Grantee agrees by signing this Grant lhat it shall not knowingly enter into any lower tier coveredlransaction wlth a person who is debarred, suspendeo, o"cr"ie.Jinetigibte, or doruntaiiry Licludeofrom participation in this covered transaction, u,illtri,itr"riil! coMMERcE.
D' The Grantee further agrees by signing this Grant that it will include the clause tiiled ,,certilication
Regarding Debarmenl, suspbnsion, -lneligibitity ;il v9t1';;i;-11) Exctusion-Lower Tier coveredTransaction,' as follows, wiihout modificaiion,'in alt lo,vei ilei covereo transactions and in allsolicitations 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 ispresently debarred, suspended, proposeo 16r oeaarment, cecrareJ inerigiire, Jr'voi1lntariryexcluded from participation ln this kbnsaction oy any Federatoepartme-nfr;'rs";;;.b' where the lower tier Grantee ls 11abr9. to 9"rti1, ( "ni ot tn"'statemenG iritnis'cr.nt,such contractor shail attach an expranation to thi6 Grant]
E. The terms covered transaction, debarred, suspended, lneligible, lower fier coyaredtransacfion, person' prrmary covered tr1*i"1i91, Eili;,"i;';"d voruntariry excruded, asused in this secti_on, iave thg meanings set out in tni'oetinilions ano cov*age'secti;;'or therules lmplementing Executive order izsqg. You may .-i".i cor,lMERcE for assistance inobtaining a copy of these regulations.
6. ENVIRONMENTALREVIEW
G en e ra l P u rp osq !o V€! ng gnlnl-Sgm o1t, gn d Eco n o m !_c- lBpCd-U!|.try g_f_e nfsFunding in excess of the ffiu-nt itipuraiilln AttaCtrmeni al'Gfr"; to tncur GosF, shal not be
fr::ltto to a Grantee bv OOMMERCE until the roriowing ;o;oitbnrl'ilpr"r"nting zacER p"rt is "r.A' The Grantee must complete an environle_ltal. ,review..of the project and make a finding ofenvironmental irnpact. A notice of this finding must be puolisrreo arJng with a notice of the Grantee,sintent to request release of funds for the priject.unr"!.ihe Jrol"ii'is exempt from the publtcationrequirements as described. The Grantee muit attow a ser"nizioi'nn""" tr 5l J"v pJtofi?oi pruri"review and comment-following publication of the noficls-unLss exempt under the NalionalEnvironmental Policy Act (NEPA) and the. wasiringtdsiat"'eiuionr"ntat poticy Act (sEpA).when this review and comment pbriod expires, tn" 6rrnt"" r.v,
"no considering any commentsreceived, submit a request for ielease oi tunds to coruMEiil.'upon r"""ipt-oiif," i"qu".t,coMMERcE must,allow a lifteen (15) day perioo roi proiiJ'review and comment. whencoMMERcE's public review and conim6nt pbribc expires,'CoutMERcE may, after consideringany comments received, formally notiry the Giantee in writing orme ietease orfeierat rrnJs'ro; p,"project.
B' This special cuditiol is satisfled when th^e_Grantee completes the environmental review andrequest for release of funds from OOMMERCE. The sp""ili lonJition is ettuctiviiv *o"uJo" L"date COMMERCE provides the Grantee with written noti"" oii"r"."e of funds.
Mlcrpentetpriee Asqlq-talrc*e,_planli_ng.edy and pubilc_servlces ActavtfiesFundins shall not be released to a Ftlning-bnlv ncriviiiei-or i;btL3;#r-Activtles reclpient untitthe following conditions are met: The GrantEe asiures that assisted
".riuiti"s are exempt under NEpA(24 cFR.5834) and categorically e*emft unoer sepe tncw li]iic.110). The Grantee furtherassures that the activities do not come unier the purview oi any ottrer tederal, state, and known localenvironmental laws, statutes, regulations or executive orders. fit aoOition, the Grantee assures it willdocument, in writing, its determinltion that "r.n ..tiuity or proJect is exempt and meets the conditionsspecified for such exemplion under NEPA (24 cFR sa.5{sil tri;r plin]iiig-onrvl or 88.34(4) (for pubticServices) and (SEpA)WAC 197_11_S00. '
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
Slate of Waehington
Oeparhent olCommerce
Contract Page 023
lnleragenry Grant Agreemenl
Page 4
SPECIAL TERMS AND CONDITIONS
I NrE nnc ENg
ryP;6gne itu e m
7. !N!t&Eqrcosrg
The Grantee shall provide their indirect cosl rate that has been negotiated_between their entity and the::1il1-ff5';iilfiT"'L:ff:"n oi"
"":it-. i a",iiiiii:,;i#i[& ot" orib'zE.iiiih;iiotar oirect
L CEANtUANAg*Ei,lExr
The Representttl'"
I9t,9q9.h of the parlies. shail be responsible for -and shall be the contact person forat communications and bitings r"girdi;fth. performance of this Grant. l
I|,?,:"8ffittative for coMMERcE and their contact information are identified on the Face sheet
Iffi':Bf"Tttative for the Grantee and their contact information are tdentified on the Face sheet
s. Hls-ToRtcAL qB glt rutAL Ag[tfAglg HUMAltf REMATN_S
ln the event that historical or cultural artifacts are discovered at the project site during construction orrehabiritation, the Grantee srrarrrmmeiiaterv stop-c;ffi;;tffi and noufy the rocar historrcarpreservation officer and the state historic preservatiin officer at the Department of Archaeology andHistoric Preservation (DAHPI rti36'0iJ'46-soos. rf hrr;;;;;ins ar" discovered, the Grantee shalrstop work' report the ireseni:e "io rdoiion or the remain. io'ii"loroner and rocar raw enforcementimmediately, and contact pnnp and't]1;cinc"rneo tribe's cultural staff or committ€e.10, |N_qUFANQE
Each party certifies. that it is self-insured und-er the state's or local governmenl selFinsurance liabilityprogram, and shail be responsibre for rossesE'' *niJr,liir'duii"rilir".
11. LAWS
The Granlee shall comply witr all aPPlicable.laws, ordinances, codes,.regulations, and policies of local,state, and federar governments, as'tio* or trer"afrer amended, including,. Housing and Community Development (HCD)Act of 1g74.r CDBG regulations in 24 CFR pah CZO.r 2 CFR 200.r coronavirus Ald, Relief, and Economic security Act (CARES Act), pubtic Law pL 116-136.' Notice of Program Rules, waivers, ardelternatiu_" h"qrirJrents Under the cAREs Act forcommunity Developmeni etoci Grant nrogram Coib-ti,rrir. Response Grant, Fiscar year
3:: "fffi?i:ri"#ffii]tr
oeveropment Ero"r b,"ni,, '",.,0
ro.. bir.,Ci e"iriii" i,is,.rrr,
1 2. P_ERFORM ANCF REPQn-TJllg
The Grantee' at such tlmes and in such fonns as coMMERcE may require, shall furnish periodicprogress and perform_ance reports.pertalnhf to tnJacriviiiesl^iln"'rr"" pursuant to this Grant, Thesereports may include environn'ienlal review re"cords, puuticaiLn'"rio"""itr, procurement and contrac{ingrecords' documenhtion of complian* *in-reo,jrir ."ifiign6 r"quirements, Job crealion records,program income reoorts, reports bt the cos6 and ooligationsin;rrIlin ,onn.rtion therewrth, the rinarcloseout report' and any ott er iltt;; il;;;o.ov tnil d-ra.t.'i.ii'""it'* rrnded by this Grant providinsincomequalified dkec't.issist"n"" oi oiru-"i!'J*i.6. uno"irre ii,iiili-crientere, housing, or job creation.DBG Nationar obiecrives,ry;ifu;-it;r"iIt g9[91q3r';;';;;'." rurnished by ..MMERCE.
ff:Uni:
to submit these reports tav ,".uit in ccin,lnrencE'*ii[[;tirg paymenr or terminating rhis
{3. PB.o,GSAM tileg-llE
Program lncome' as-!e!1ed in 24 cFR 570.489(e), retains federal ldenfity and wilt be used inaccordan@ with cDBG-cv requirement.. ih" erinif" ru.i ir:iiiri" records of program incomereceived and expended, and annuarrir+ort'program income ,erJulo afler closeout of this cranr.
Stale of Washington
Depedment ofC(xnmerce
Contract Page 024
lnteragency Granl Agreemenl
Page 5
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
Program lncome slt?l! !e used to conlinue lhe same activities to benefit low- and moderate-incomepersons or' with coMMERcE approval, for other activitieJ o nenefit low- and moderate-incomepersons' lnterest earned in excess 6t glob on c^oBG irrd;;;""ir;;io reimburse incuned costs mustbe remttted to COMMERCE tor retuinio rn" U.S. frlrrrry. ' ---'.-- I
l 4. PRoHtB |T'TON ON _cl B-TAITT| F UN DS TRANSFE RS
The Grantee that directly
-or
indirectly receives cDBG-cv funds may not sell, lrade, or olhenarisetransfer all or any such potlon of such funds to another sucrr
"ntity
in exchange for any other funds,credits or non'Federal consideralion, out must use such funds for
""iiuiti"* eligible uncter tige I of theHcD Act or permilted by waiver anu arternaiive requirements that apply to the use of cDBG-cV funds.15. SUBCONTRAGTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by commerce and at intervals asasreed bv the parties, resardins worr unaer ili{qFFi;ii'""01i{"o.ontractors and rhe portion orfunds expendect for worklerori,ea ov suulntractors, ilrcruainj uut'not nncessarily limited to minority-owned' woman'owned, and veteran'owned buslness ilb;""nir*ft. ,subcontractors,,shall
meansubcontractors of any tier,
16._S_U_E9ONTRAQTSFQFENG|NEER|Ncs_E_Bv_lgEs
Engine'ering firms musr c.ertifu that they are authorized to do businessare-in ruil ;diil;; with th; requi',lin"njr'or ilre eoaid oiir;i;;;ljiR"1?jflli#.Tl,fj?:f:sshall require that engineering .e*i;ei'pioviou^ u" .ou.i"J bi;;il and omissions rnsurance. Theengineering firm sha]ir"int"]n ,i"i,iwi'ii#il..or"o r"r, ir,,"n,Erliidir,ooo per occurrence to cover alaclivities by the engineering flrm
""0 ri"""."J.taff employeJor uria"itontract to the engineering firm,
Jffi""Jfii"T#rThinston, iti agents, otticers, ano emprirvets-neeJi
"ioL named as aooiti-onaiindurecs
17. ORDER OF PREGE-DENCE
[JH.e."j],"J,n'lii"TftTcvjn this Grant, the inconsisrency shar be resorved by sivins
' Appilcabre federarand state of washington starutes and regurationsr Special Terms and Conditions. General Terms and Conditionsi Attachment A - S6spg of Work and Budget. Attachment B _ Letter to lncur Cosl, lf applicable' Grantee's applicalion for funding
""e t_g:r*rnityDevelopment Block Granl policies andprocedures, prepared by commlrce as incorporated by reference on the Face sheet
State of Washinoton
Department ol Cbmmerce
Contract Page 02S
lntoragency Grant Agrefilent
Psge 6
1. D-EFINITI-ONS
As used throughout this Grant, the following terms shall have the meanlng set forth below:A' "Authorized Represenlative" shall mean lhe Director and/or the designee authorlzed in writing toact on the Dlrector's behalf.
B. "COMMERCE', shall rnean the Deparlment of Comrnerce.
c' "Grant" or "Agreement" means the entire writtsn agreemenr befueen coMMERcE and theGrantee, including any altachments, documents, or malerials incorporated by referonce. E-mail orfacsimile transmission of a signed copy of this crant srrarr oe tlie same as delivery of an original.D' "Grantee" shallmean the entity idenlified on the face sheet performing service(s) under this Grant,and shall include all employees and agents of the Grantee.
E' "Personal lnformalion" shall mean information.identifiable to any person, including, but not limitedto, information that relates to a person's name, heallh, nnances, 6cucation, busineCs, use or receiptof governmental services or other activities,. aoor'eJses, Erepnone numbers, social securitynumbers, driver license numbers, other identlfying numbers, anu'rny flnanclal identifiers,F. 'State" shall mean the state of Washington.
G' "Subgrantee/Subcontract" shall mean onenot in the employment of the Grant, who is performingell or part of those services under this Granl under a sepirat'" Ci"nt with the Contractor. The terms"su bgrantee" and "su bcontractors" m ean subcontractoitji in anvJr"r.2. At -L WR|T|NGS CONTAINED HERETN
This Grant contains all the terms and condilions ggrgeq upon by the parties. No other understandings,oral or othen'/ise' regarding the subiect matter of lhis ordnt snari le ieemeo to exist or to uino any otthe parties hereto.
3. AMENDMENTS
This Grant may be amende.d. by mutual agreement of the parties. Such amendments shall not bebinding unless they are in writing- and signei by personnet ;"ld;;;i" nina eacn ot ih; plti;,4. ASSIGNMENT
Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred orassigned by the Grantee without prior written'consent or c6lauenCi.
5. COI'|F|DENTIAL|TYAUp SAFEGUARq!!q oF TNFORMATTON
A. "Confidential lnformation', as used in lhis section lncludes:
i' All material provided to the Grantee by COMMERCE that is designated as,,confidential,, byCOMMERCE;
ll. All material produced by the Grantee that is designated as "confidential" by coMMERcE; and
iii' Allpersonalinformation in lhe possession of the Grantee that may nol be disclosed under slateor federal law
B' The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,or disclosure of confidentlal lnformalion, The Grantee stratt Jse Confidential tntoril'aiion ioiery torthe purposes of thls Grant and shall not use, share, transfJr, r.tt or oiscioie an/'doniaentiatlnformation to any thtd party except with the prior written
"oni"r* of coMMERCe oi"i-r"v u"required u)/ taY. rne crdnte6 .tt"ri[t-r"
"ir
necessary steps to assure lhat confidentiat tnformationis safeguarded to prevent unauthorized use, sharing, trinsrer, sare or disclosure of Confideniiallnformation or violation 9f any state or federal laws reiated ttrereio, upon request, the Granree shallprovide coMMERcE,wlth ll8 policies and procedures on confidentia'litv. ccjr,anl1-inde rn.vilqrrr"changes to such policies and procedurei as they apprv-ro ttrii'Grant whenever CoMMERCEreasonably determines that changes are necessiry tb'preveni unauthorized disclosures. The
GENERAL TERMS AND CONDMONS
INTERAGENCY GMNT AGREEMENT
FEDERAL FUNOS
State of Washington
Department of Coflmsrce
Contract Page 026
lnterag€ncy Granl Agrcement
Page 7
GENERAL TERMS AND CONDITIONS
INTERAG ENGY GRANT AGREEMENT
FEDERAL FUNDS
Grantee shall make the changes within the lim^e ryfod specified by GoMMERCE. upon requesl,the Grantee, shall immedialely return to COfVffrlenbe a"V Confidential lnformation lhatcoMMERcE reasonably determines nas not o*.
"orii"Itet] protected by the Grantee againstunauthorized disclosure.
c' Unauthorized Use or Disclosure. The Grantee shallnotify coMMERcE wlthin five (5) working daysof any unauthorized use or disclosure of any contioen'ti"rinioimation, and
"r,"1'tdk" nu"".s"rysteps to mitigate the harmfur effecrs of such u-se or discrosure.6. coPYBlgHT
Unless othennrise eP.vids!' ell Materlals produced under this Grant shall be considered ,korks for hire,,as defined bv the.U,s,-copvright Act dnd shalt b;owil nv iblrtrrr11encE. SSMMERCE sha' beconsldered the author of such Materials. ln the event in" rta"tlii.rt
"re
not considered ,,works for hire,,under the u.s. copvright laws, the Grantee lJfnv iri*;;;il';;;r" alt righr, tile, and inreresr in a1Mateilals, includingall intellectual.proolrtv {s!r!siqorat right's, a-nirights of publicity to CoMMERCEeffective from the moment of creatibn bf suctiMaieriats.
"Materials" means.all iterns in any format and includes, but is not limited to, data, reports, documents,pamphlets, adverrisements, boo-ks, magazines, ;fi;fi';ilL.,'"orprt"1. programs, firms, tapes,and/or sound reproductions. 'owneiship; inctuoes tne ffit io-Jopvi.igr,t, patent, register and the abitityto transfer these rights.
For Materials that are dellvered under the ,Grant, but that lncorporate pre-existing materials notproduced under the Grant, the Grantee hereby grants to coMMEftcE ; ;;";r;i",'rl,,""rtv+r"",irrevocable license.(with .rights to sublicense io ottrers; in sucn lrraterials to translate, reproduce,distribute, prepare d-erivativi works, publi-g perform, and publicly disptay. The Grantee warrants andrepresenls that the Grantee has all rights and permisiions,in.irolng inteitectuat prg;;v;idis, moratrlghls and rights of pubricity, necessalry to grant such a ricense to coMMERcE.
The Grantee shall exert all reasonable effort to govl.n.counraERcE, at the time of delivery of Materialsfurnished under this Grantee' of all known oi potenrialinu".ionr oi piiuacy contained therein and of anyportion of such document which was not proiluced in ttre perroima'nce of ttris Grant. The Grantee shallprovide coMMERcE with prompt written notice of each nbtiC" oiii"i. of infiingement received by theGranlee with respect to any Maierials delivered under thii GLni, bcirvrrvrencE shal have the right tomodifu or remove any restrictive markings piaced upon me lr,,r"t"ii"r. by the Grantee.7. DfSPUT-ES
ln the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board inthe following manner: e,a9n .nafv.fg this Agreement shalt appoint one memoer to the Dispute Board.The members so appojnted' stritt lotntty a"fpoint an aaditii'nai-rEru", to the Dispute Board. TheDispute Board shall revlew the facF, ngreement terms and applicable statutes and rules and make adetermination of the dispute. rne oisp;te Board sheil ttrereaitli oecirte the dispute with the majorityprevailing' The determination of the Dispute Board shail oe nnar ano |indtng on the parties hereto. Asan alternative to this process, either of the.parties ;rt-6;;;iiniervention by the Governor, asprovided bv Rcw 43.17.330, in which euentftte c;u#;';;;;;;;s wirrcontrot.8.
-c--o_ !fERN!NG t AW A-l!p -V-ENUE
Thls Grant shall be construed and interpreted in accordance wilh the laws of the state of washington,and any applicable federal laws, and the venJe otany actio; b;il;fi;reunder shalt be in the superiorCourt for Thurston County,
e. tN,DEMNtFlgATtoN
Each party shall be solely responsible for the acts of its employeas, officers, and agents.
1 0. LtQFll$ll{q'l\Qc REDtrArloN AND B_EGISTFAT|ON
The Grantee shall comply with all applicable local, state, and federal licengng, accreditation andregistration requirements or standards nece"sary ror'ttre pertormancl-of this Grant.
stat€ of Waghington lnleragency Grant AgroemenlOeparlmenl of Commerce
Contract Page 027
Page I
GENERAL TERMS AND CONDITIONS,"=*o?EBIff
i,],.irgeGruEiir
11. BECAPTU-RE
*lHil:31ili,i:l!
"tiffi"E,':1f !%ff#it^,!is Grant in accordance with state raws, rederailaws,
i#il;t!;"o"'fiMERcE ror rhe nonco,ri,:f:iT:ffi,.#iJ,:ll:il:?1lH,""rHlii$d*lj#:?
Repayment by lhe Gralrtee of funds underlhisreg-a-p-ture provision shail occur within lhe time period;ffi.Jklllrg?Hiil:. rn the arieinative, conrnrEi'dd,irvililpture such funds from payments
12.8_E_qgBqgrutAlil_rF"_rtalfc_F
The Grantee shall maintaln books, records, documents, dgta and other evidence relating to this Grant:ll &*,,'#:iffi,"J
t!" se'ui"et .i""crioei irerein, rnciuJinf [ufrli'iimiteo ro accounting procedures
in rhe perform"r."ifl;',:tlfl?"o"ltootnv reflect irr Jii".iino ;-,a-i,'ua costs or any narure expended
The Grantee shall retain such records for a period of six (6) years foltowing the date of final paymenl.At no additional cosl, ttrese recoroi,ln"rtoi"g materiars se"'eiated unier thi Grant, snart oe Juo.lect atall reasonable time-s-to lnspecrion, ;;;il;r aucit rvtonrnEnlE, p,ersonner dury authodzed by,.:?#ji:ff[Ji"*gT ot tt'" siLt" n-roitor, and r"a;"i;;dlLle omciars so aufrrorizec by raw,
lf any litigation' claim.or audit is started before-the. expiration of the six (6) year period, the records sha'be retained until alltitisation, ctail.Jr?.iiiinnoindi*o];i"tin=" r".".0, have been resotved.13. SA-v,-!!!cs
ln lhe event functinofrom.stale,-federal, or other sources is withdrawn, reduced, or limited in any wayafter the effective ia13 9t ti'it ffiln; orio,' to-normat compr-"ifu-n,' corurr,,1ER6E may suspend orterminate the Grant under the 'r"rriniiiJn ror convenieniJl";i;;; without the ren babniar dayffit",fi#::Xfl:*,J1.'f' or terminat'ron]'iire e,ant m;t b" ;ilea o ienectirre-;il'iunoins
14. SEVERAEIL_IT_Y
The provisions of this Grant are intended to bo severable. lf any-term or provislon is illegal or lnvalid forfflrf"*" whatsoever, such illegality or' inr"riaitv shau noi
"h;;f i'h;,i"rioitv of the remainder of the
I 5. S UBc BA,N Tf N q/s-u E goN-TRl.*c._1 g_q
ffiffH8ffit"EfltE:tcontract work contemplated under thts Grant if it obtains rhe prtor writen
lf coMMERct
"oolgy:: subcontracting, the Grantee shail maintain written procedures rerated tosubcontracting' as well as copies ot arl s"r.iucontracts ano recoia.'r'i"i"o to subcontracts. For cause,coMMERcE in writing may: ia) require-the Gr"nter io ,r.n-oltr'iri.ontroting procedures as they
i:j?:"r1,"'yli""6?:llfJ8Hilii$;,,:fr:iiil"Jl.'"x',ril;;ffit"uil1 particu,a-r'p",ion oir,,titv; or
Every subconlract shall bind the subgrantee lo lollory all applicable terms of this Grant. The Grantee isresponslble to coMMERcE if the s;bgrant;; failr *,ffit.;ii a-nv appricabre rerm or condiflon ofthis Grant' The Gnantee. sniti
"ppropiiat-ervlionrtor rne aitiiities-oi'in" surgr.nre' to assure riscari'Tf :L:ffi :llHtEll;!,i".ilfi iliAt][BT[tHJf ;tnl[#i;:::n:e"fnnft.,r,:
Eve4y subcontract shall.incl,ude a term that GoMMERCE and the state of washington are not liable forclaims or damages arising fom a arbdffi1!}; perto'nance of the subcontract.
State of Washimton
Deparlmenl of Commerce
Contract Page 028
lnteragency Granl Ag r€emenl
Page I
GENERAL TERMS AND CONDITIONS
INTERAGENCY GMNT AGREEMENT
FEDERAL FUNDS
16. Q-u,Bvlv,AL
The terms, conditions, and warranties contained in this Granl that by their sense and @ntext areintended to survive the completion of the perform"n.e,
".n""il"iion
-or
termination of this Grantee snatiso survlve.
1 7. rE8![!!lAI_loN_rQR cAUsE
ln the event coMMERcE determines the Grantee has failed to comply with the conditions of this Granlin a timely manner, coMMERcE has the right to turpgnJoiioririaie this crant. e;f;A suspenoingor terminating the Grant, coMMERcE shalinotiff tlricranieeln 'nriting of the need to take correctiveaction. rf corrective action is not taken within 30 ;"t.rd;;;;i;,'inj crant ,nt;'i;;j;ated orsuspended,
ln the evenl of termination.or suspension, the Grantee shall be liable for damagos as authorized by lawincluding, but not limited to, any cost diiTerence between tn" otigi.ar orani'an-a ne-ref,taiim"nt o,cover Grant and all administrative costs directly-retateo to irrl iep"r"c"ment contract, e,g., cost of thecompetitive bidding, mailing, advertising and stif ffme
coMMERcE reserv€s the right to suspend.all or part of the Grant, withhold further payments, orprohibit tho Grantee from incurring additional oblig.ii;ns ;irunoi'iuring investigation of the alegedcompliance breach and pending c6rrective action 6y rrJc-naiiiEdor a decision by goMMERCE toterminate the granl. A terminalion shall be deemed i "Termination tor convenience,, if it is determinedthat the Grantee: (1) was not ln default; or (2) failure to pertorm was outside of his or her controt, faultor negligence.
The rights and remedies of.COMMERCE provided in this Grant are not exclusive and are in addition toany other rights and remedies provided fir Aw.
1 O. TEEMTNA-TI,QN, FO"R qO NVE NI FNg E
Except as otherwise provided in-lhis Grant, coMMERcE Lray,_by ten (10) business days written notice,beginning on the se-cond lay afler the mailing, te_rminate tniJ'cianl, in whole or in part. lf this Grant isso terminated' coMMERcE shall be liable o-n'lv for,p"vme;ir"diiJi unoer tne terms of this Grant forseMces rendered or goods derivered prior to ttr" ereciive datetiieiminarion.
r 9. TERMTNATT_ON P_BO_CFD-UB_E$
Upon termination of this Grant, coMMERcE:in€ddition to any other righle provided in this contract,may require the Grantee to deliver to coMMERce any properiy-speciridauv iroouc"o oi'a'.qrired forthe performance of such parl of this Grant as has been itjrmiiratio. inl prov{sions of the ,,Treatment ofAssets" clause shallapply in such property transfer.
col\4MERcE shall pay to the- 9t-31t"" the agreed upon price, if separately stated, for completed workand-services accepted by coMMERCe, anoihe amduniisrldo up-JJfy the Grantee and SSMMERCEfor (i) completed work and services for which no separatJ price is statld, 0i) p;rij;1t';;ililiieo *o,r,and services, (iiD other properly or services that €re'acceptbo u11 bonrrvrERcE, and (iv) the protectionand preservation of qroperty, unless the tormination i;i;; ;'"f"rti; in which case the AuthorizedRepresentative shall determino the extent of lhe liability orcorrrtrrrehcE, Failure to agree with suchdetermination shall be a dispute wilhin the mearing ortn6'uiJpui"r;;-ri.ur" of this Grant. coMMERcEmay withhold from any amounts due the Graitee sucn ium
-as in" nrtnoriieo' ne-p-resentativedetermines to be necessary to prot€ct coMMERcE agirnri ili.;fi ross or riabirity.
The rights and remedies. of CoMMERCE provided in this section shall not be exclusive and are inaddltion to any other rights and remedies piovrded uy taw or uno"itt,i, crant.
After receipt of a notice of. termination, and except as otheruise directed by the AuthorizedRepresentative, the Grantee shall:
A. stop work under the Grant on the date, and to the extent specifled, in the notice;B' Place no further orders or.subgrants/subcontracts for materials, services, or facilities except asmay be necessary for completioi of such portion otttre woii unoli in" cr"ittnails not tarminateo;
State of washinglon liloragency Grant Agreementtepartm€ntofcommerce vrrr^'ruirwrrrerr!
page1g
Contract Page 029
.gE!EE4L rERMs Ar{D coNDtTloNsINTERAGENCY GRANT AGREEMEili
FEDERAL FUNDS
c' Assign to CoMMERCE, in the manner' at the times, and to the er<tent directed by the AuthorizedRepresentative' all of tne righG,"'tr:ib qlo interest oi-ft'"
-Grantee under ihe orders anosubgrants/subt::ltTj"
"o t"niin"i"al'in wtrich
"is"
-Co-lar'il-n9!,h:
rhe risht, afirc ciscretion,:"rd:ilir,:Jri;1,,"il1 o' "ii "Ei,il arisins ""r "i iii"-ii,,minarion oi sirch oroers ano
D' settle all outstanding liabilities and all claims- arising out of such terminaflon of orders andsubcontracts' with thi
"pptou.ioi iatii"arion
"i th" ;;il;Jo n"pr"""ntagve to ,6e exrent thef,1l;i"T:,[:3fi:i::Ti6;;i;l;;, wnicn appioiail,-i"iin.Jrio;;h,ii';;;aT r;; arr tne
E' Transfer title to coMMERcE and deliver in the manner, at lhe times,.and to the extent directed bythe Authorlzed RepresentatirJ inv pi"i"rty which, rr ti" b'iini'i"d been comprered, wourd havebeen requtred to be furnisheirio io-nr-ni'ince;t
3:fr.3i*[i,T:iffl* "r
such pari orthe work as shar nor have been rerminated by rhe Authorized
G' Take such acton as 1a.y be necessary, or as the Aurhorized Representative may direct, for rheproleclion and oreservattlon ot tne prorilrtvj;l1i:i ffi;'fi;i, ir,irr, i, in the possession of rheGranree ano in ivtrictr ine A;il;i;#;Gresentative has or may acquire an interest.20. TREATMENIOPASSETS
tti"i1ilf#it{li{iii["%3.?]ffi.,fi?,'..dflii".ffi:riltf,?y#,,5ffi*1Hi",3",1,i"i1!i#or cost under this crant, shatipa;;I;;il ;;l,t.rn coruivrErict'rpo'nLriuery of such properry by theGrantee' Title to other pPPg4v; *'e cosioiwii.r, tiJ"iilr"ifti,iii"'ur"nree under this Grant, sha'pass to and vesr in couden''ce.rn* iu'rilJr._"-l9r_rr" ilil pilorrtv in rhe performance of thisGrant' or (ii) commencement of use & suctr-property n te pLrrdrmance of this Grant, or (iii)reimbursement of the cost thereof by 60r,a[\rEncg in whole or in iarr whichever first occurs.A' Any properly or c,pjflflcE furnished to th.s Gran-tee shail, unless otherwise provided herein orapproved by .'MMERCE, be used onry ior rne performance of this Grant.B' The Grantee shall be responsible for any toss or 9."T.s" ro property of coMMERcE rhat resurtsfrom lhe negligence ot tn'e eiinL" lriii,itrt resurrs frolm- th"-f;ii; on the part of the Grantee romaintain and edminister that pioperty'in a".oro"n"" *rft, rl,inJraiagement praclices.c' lf any coMMERcE, pl9P9'tv i.s lost, destroye-d or damaged, the Grantee shail immediatery norifycoMMERcE and shall i"r," arr tJ"='on"i[";teps to pioiJct tn"'iri'p"rtv from further cama6e.t
]Hr"'f-31,:?*iii#:f::::i",3B#-"1fi[ g,5ii:ertv or GoMrvrERC E prior to setrement upon
3lffillli::3,lt flH^:[!|o"r:.under
this clause shar arso incrude Grantee,' emproyees, asents or
2t. wAtvER
State of Washinoton
Department of cimmercs
waiver of any default or breach shall not be deemed lg u" g waivor of any subsequent default or breach,Any waiver shall not be construed to 6e a
"i"aih'.rii"" * th;iil', #riL e,. nt unress stated to besuch in writing and signed by nrir'"it"i i"pi#nt"tiu" of ..MMERCE.
Contract page 030
lnter€gency Granl Agreemenl
Page 1 I
PerformanceMilestonesBefore first paymentrequestexecutioncontractNot more thanmonthlyFirst payment requestwithin 270 days fromByJan 3t April 3OOct 31.Prior to Commerce,son-site monitoringEefore requestingIinal5% of CDBGawardBefore auditProject Activitiest'he conespondlng mllestone.project actlvtty to meet+Must complete each bulletedverifo subrecipients do not have an active exclusion record in the federal award system (sAM.gov),include documentation in the CDBG file, and submit a copy to Commerce.Establish subrecipient aEreernents that include a quarterly heneficiary reporting requirement. submit asigned copy to Commerce.Execute grant contract with Commerce.aIItosystemaincludingsystems,keepingrecordandreportingfinancial,benefrt.ofadministrative,Establish' l"Tfff1t#1:i"Jt reimbursement requests ond proiect cosrs and invoices against proiect budset anda!Commerce,toreponstatusprojectandcosts.uesteligiblereqofpaymentsubmitreirnbursementandandfundspreparentglclofapproved,arereceiptcostsmentOnceDocuPayment requests:Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarteraIIthe grant is used according to CDBGverifytoar€subrecipientsofmonitoringandon-siteanuctCondrequirements.Complete applicable civil rightsaIIissues with CDBG.Resolve all monitoringperformance.ConductSubmit aprojecta final public hearing to reviewAccomplish all grant activities_aauditanarrangeandAwardsPartFederaofCFR(zGuidanceExpendituresofuleUniformthSchedualmeetanntoyourOfficelnAuditor'sexpendituresStatetheCDBGListwithBudgetAmountSoA -SCOPE OF WORK AND BUDGETATTACHMENT20-622IC-775Contract No,Grantee: Kittitas CountyDeliverableIDescriptionProjectA:SectionUMChamberopportunities.consortigrantCountyaseconomicKittitascDBG-CV1uthority,AcreateCountyandnonprofrts:19o-fiveKittitasDevelopmentthecovtbyfofollowingnceBusinessthetoimpactedassistableEllensburgrpriseavailatheandfundsmicroenterprisesmrcroenteandandcDBG{1/1Association,servicesuseholdsthesehopublicmakeDowntownbleeligiblewilleligiilizeensburgEilCountystabCDBGn;toThent.reasedlncGraAssociatiodassistanceannewcDBG-CV1lnessentialDowntown5292,3ffi.muatresultprwides292,364ClewillawillestimatedfundsareprojectarvardedtsTheseHopesource;ThecostsCountypientsarea.projectCommerce;KittitatofsubreciserviceTotalmoderate-incomes,avlrus.moderate-incomelow-andllvcoronlow-andthe20toprincipa13withandclienteleapproximatelylimitedtobenefitwillservicesprojectrgetwilltatheandlynualbusinesses,anpersons76microenterpriseeligibleapproximatelyForbenefltprocess-LMIwillprojectbasedthequalificationdservices,househopublicLlvlonelieibleForbasedBudgetandMilestonesActivities,ProjectBSectionCDBG BudgetCode21A GeneralAdmin.Contract Page 03.1
PerformanceMilestonesApprox.76 t_Mtpersons receivedirect services bytBu2A23Before providingmicroenterprisetechnical andfinancialassistanceBefore executing amicroenterpriseassistanceComplete eachmicroenterpriseassistanceApprox.13-20 LMtmicroenterpraseowners receiveassistance bymilestone.each bulleted*MustProject Actiyitiesto meet theDevelop and establ'rsh cDBG{v program's policies and procedures, including GDBG incornel"l1flii,l'li;"1itj?;ti.'tpact verirication, prevent duprication or benefits. and benericiary:aIcomplianceinrecordreviewmentalronenvlanprepareandBGreviewCDforirementsenvironrnentalrequtheNEPACompletewithns,achievepersotoervicesbrecipients.subrecipientssuofthernoderats.incomeibilityndapprovedathroughagcessthelow-nandedhlitybenefit.blisapplicationilabiofbenefitingestaavaCDBGasenvironments.thethendsprincipallyfuduplicationofntincreasingitablepreveservicesofsuidentifiedtcobjectiveandublpoutoomeservicesbudget,nationalofanageirectmHUD'SdandCDBGheandttheD'SeetDeliverAllocateaEreementMAccomplishHUtIaaComplete the environmental review andwith NEPA requirements for CDBGlreview record in compliancepreparc an environmentares,duplicationistance,a5sprocedundaverification,ctliciespance.poimmicroenterprise19programs.D.assistants.trackingprogram'scovtforremeassistancerequassistancelystemsualification,qforreportingrymicroenterpriseincomemanagementicroenterprisethemCDBGbeneficiandandCDBGmarketafinanciaterms,lishandntion,establishestabprevendgrant/loanandoutreachcpnglobenefrtDeveincludiofConductDevelopassistancemIeligibility.CDBGconfirmneededasassistance;actiyitiesassistance.fornicalreviewtechmicroenterprisendforamentaltrainingenvironapplicationstierprocesssecondmiffoenterpriseandrovideReviewCompletePassistancerecord for eachaandfederalblemicroenterprises.applicawitheligibleplianceCDBGcomrovedpandaptormance,perfoIagreementscontractoassistanceprogress,programmicroenterpriseregulations.ExeqlteMonitorstateMaintain aaI19rsons.D-pecovttoicroenterpriseerate-incomemrespondofmodandndbilityanitieslow-pportuoilability/accessibenefitingrvavaeconomictheprincipacreateoftoincreasingnceofobjectiveassistaoutcomenationalfinancialHUD'Simpacts.CDBGandtheMeetAccomplishtechnicaeconomicBudgetAmount$ztz,zuS75,ooo(continued)BudgetandMilestonesActivities,ProjectB:SectionCDBG BudgetCode05 PublicSeMces:0sQSubsistencePayments051ChildcareServices18C Micr+enterpriseAssistanceTOTAL: SzgzaaqContract Page 032
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE'1011 Plum street sE ' po Box 42525 ' otympia, washington gg5o4-252s ' (J6o) T2s-4000www,commerce,wa,gov
October 22,2020
The I-Ionorable Brstt Wachsurith
Kittitas County Commjssioner, District fl3
205 W 5th Ave, Suite 108
Ellensbulg, WA 98926
Dear Commissionel Wachsmith I
I anr pleased to infolm yor-r that commerce has awardecl Kittitas county up $2g2,364in federalcoTydJy-Developrnent Block Grant - coronavirus (cDBG-ctifunds. 'fhis awzu.d is baseclon the jurisdiction's c?pc-!vl application for activiiies to l..uJnr, prepare for, and r.espond tocoronavim's in partnership with locaiservice providers for the cDBG-cvl consoLtium area.
Prior to grant contract execution, this letter allows you to begin incur.ring costs not to exceed te'pereent of your award as of March 27 , z0zo, for o'ry rh" fbli;;l;;activities:
r Administu'ation i'cluding clocunsnted siafli*g, tr.avel and trai'ingr Ple^application costs, 'such as public hearing notices and documented staffing and timefor the cDBG-cvr consortium building ai<r appricatiorl
- -
' Review of envirorunental laws and authorities,'including Section 106 of the Natio'alI-Iistolic preservation Act of 1996I Preliminary etrgineering design wort ancl consultations needed for the environmentalreview
r Strbrecipienl agreements ot'prtfessional service contraots for any of the above activities
A CDBG subrecipient agteemert, for use if you pass these funds tlu.ough to a servics pr.ovider toimplement the grant, is available in section ig oitt* cngc-Mm;lem"nt Handbook, which isavailable electronical ly at www,comn-rerce. wa. gov/cdbg uoA helg.
--
CDBG procul'ement requirements rnust be t'ollowed before hiring professional ser,vices orcontEctors to be fi'rnded by this CDBG award, 'I'hese requir..".irir-or" in sections 5 and 7 ol'theCDBG Management Handbook.
CDBG-specific oompliance with the National Environrnental policy Act (IrlEpA) must becompleted before any construction bid advgrlising or property acqiii"ltion activity can occur,These procedures are described in Section 6 of tlie cugc nalnugi;"ot Handbook,
Contract Page 033
The Honorable Brett Wachsmith
October 22,2020
Page2
Eligible costs will bereimbursed by comme'ce after your grant cbnfact with commerce isexecuted and the NEPA environmental review is ""dht"?;;; "i"torur" for furtherexplanation).
AII costs to be reimbused must comply with applicable state and federal requirements.Additional cDBG-cvl implcmentatioi, uuia*;" is availabte on ihe cDBG-cv website hereand forthcoming. v^v vr' !tr!
The jurisdiction must have an active and unexpired Dun and Bradsheet Numbering system(DuNs) in the sysrem fol A,ward rvrunug";;nt rsau to *v"i;;;y, i1 the disbursemenr offirnds' Grantees ate required to maintain an active sAM registration for the druation of theircontract by re-activaring their DUNS number annually d t# Ibii;;i;g website:tttttts ;tlwww. sarn.sov/fjAW
Ifyour project is not ready to proceed, resulting in the conhact,s execution being delayed over90 days from the date of this r"tt"r, the cpga-cvr award may be rescinded,
Your contract maneger will be oontacting you
Jg develop the grant contract. until then, if you have anyquestions,pleasecontactKaarenRoeatvei,izs,satsor@,
I congatulate you and others for your cfforts thus farthe impacts of COVID-I9 in your:comru"itir.,
$incelelS
We look forward to working with you to address
r#M
Enciosure
Contract Page 034
unless tlie activity is exempt or categorically exchrded and not subject to 24 cFR 5g.5 underNEPA' the local government grantee, subtecipients, coutractors and ali other participants mayg-"olttil CDBG qL rtou-cobc nulas if the'activiry would hav" an aouerse environmentalrmpacl or limit the choice of reasonable alternatives. This;h.rc;iuppti"* to activities as ofthe date the cDBG progTm rtssr-ve.rUt+*cli;r!*{p.E[sgrutl pJ"ir-"rp*liminary designwork needed for cornpletion of tG*uit'ffi*tal review are allowable,
Title 1 of the Housing and Community Development Act of 1974 asamended and theenvironmental review procedures touno in ro gfl 5g.22 apfry tolny activiries as part of aCDBG project' The environmrntut ,"ui* uctivities completecl for oiher federal or statcfunding cau cotrtribute towads but not entirely meet the cDBG-specifio procedure for NEpAand SEPA, provides further detail and thenecessaly CDBG forms,
TIMING CDtsG and NEPA
Costs incuned prior to the CDBG award letter cannot be reimbursed by CDBG. Etigibte co.stswill be reimbursed by Commerce after a grant contract has been formally executed and theCDBG-specific procedures utdel NEPA and SEpA are completed. Executing the grantcontract and completing the environmental review can occur concunently.
Restrictions on Elieiblc Activitics
With the award letter; the grantee can begin to incur costs up to 10% ofaward for the following activities which don't lequire an enviromrentalreview IF the grant app licatiol requested CDBG funding ofthese costs
Administration: Executing the CDBG contract. Establishingadminist'ative, financiar reporting, una ,""ord keeping systems, includingstaffrng, travei and training.
Environmental Review:
Review of environmentar raws and authorities, including 24 cFR 5g,5 andSection t06 of the National Historic pr"*"runiion a.t otGq6,:;;-h;,o Consultation letter.s to affected tribes. Cultural resoulce suryeyr Floodplain/weflanddetermination
Preliminary engineering feasibility stucries for the envircnmental assessrnent,such as surveying and geotecl:nical ol geophysical un*fyrir-i*"i;;gground-disturbing activity of over one lubi, ,q. {i.1. r 1 ------'"1
subcontracting: subrecipient agreements or professional service contractsfor any of the above activities,
Phase
re CDBG
contract is
exeuuted and
environmcntal
review is
complete
Befo
Contract Page 035
After CDBG
contract
cxcculion
While
completing
the
enyironmenlal
review
All eligible costs will be rsimbussd after:
I ' The applicable level of environmental rcview is documented andcomplete, arrd funds have been released (see environmental reviewguidance below);
? The subrecipient agreement is executed, if applicable;3 Procuement requirements arc nret; and4' Adequate back-up documentatio, is subnritted with trre payment
rcquest,
To be eligible for cDBG funding, alr costs must be allowable under federal
cost p'inciples and CDBG regurations, and identified in gr.ant uppti""tion',project budget as to be fi:nded by CDBG.
The local gov€rr'nent gra'tee rnust complete the applicable envir.onmental
review procedures depending on the typi of pro.jeci:
t, Activities cl,cilnr*lted by the grantee, and confirmed by commerce, asexempt or categoricaily Excluded and wirrro'r.inrpacrrio 24 cFR 5g.5
laws, historical structures or culturally rdtd". l..,tinay procJ withcommitment of CDBG and non_CDBG funds.
2, Activities that are categorically Excluded and impact 24 cFR 5g.5 laws,or activities requiring an environmental assessrn"nt und a Finding ofNon-Significance (FONSI), must be slgLuluEllgd appropriat"iy ,"-itt u
'equest
for release of cDBG lunds submitted to commirce,
only after the commerce comment period is ended and funds nrcrelqnsed, may GDBG and non-cDBGtunds ue cornmitteJ6fiffif,*,
such as:
. Finalizing design and bid spocificationsr Advertising for construction bidsr Property acquisition, including sales and purchase agreementsr Site Pr.epar.ationr l)emolition
provides furfher detailand the necessnry CDIIG form.s to comptete the cnvironmentar revicw.
Contract Page 036
Project Description and location:
Kiftitas county as a consottitttn with all cities applying to fund cDBc public servioes antl local microenterprise assistanceI progralns; tcntal and moltgage assistaucc and daycare cxpenses for pcople rvho have lost income oue to covlo- I 9 impacls., 1ll.:.,"":"
funded activities must benefit low-o# nrod"rote-inconr"'p"r'ronr'o. mcorhe cDBG urgent need nationat objective
ATTACHMENT 6.c(1)
Determination of Exemption &
Determination of categorical Exclusion (not subject to Section sg.slDeterrnination of activities per 24 CFR 58.34(a! and 58.35(b)
Local Government Name; Kittitas County Contract N u rnber; 2O-62ZLC-LL|
Address: 205 W Sth Ave Suite 105 Ellensburg WA 9892G
Funding Source: WA State CDBG I oangr Funding Sources:
The ectivlty fafls rnto the checked category berow, and listed at 24 cFR 5g.34(af as Exempt.
L' Environmentalandotherstudies,resourceidentification,anddevelopmentofplansandstrategies
2, lnformation and financial services
3. Adminlstrative and management activities
4'
:jfl'"t
tJffiffhat will not have a physical impact or result in any physical changes including but nor limited to services
r Employment . Recreation needsr Crlme prevention I Drug abuse: Child care r Educationr Health r Counseling
5, lnspections and testing ofproperties for hazards or defects
5. Purchase of lnsurance
7. Purchase oftools
8. Engineering or.design costs
9. Technical assistance and training
11' Payment of prlncipar and interest on roans made or obrigations guaranteed by HUD
The actlvity falls into the checked category llsted betow, and is llsted at 24 cFR 5s.35(bl as a catetorically Excludedactivlty @! subject to Section 58.5.
1, Tenant-based rental assistance
2. Supportive Services (including but not limited to):
v
tr
n
n
tr
n
tr
tr
D
I Energy conseruationr Welfarer Other
l0 Temporary or permanent improvements that do not alter environmental conditions and are limited to activities tou protect' repair or arrest th€ effects of disasters or imminent threats to public safety, including those resutting fromphysical deterioration.
d
n
tr
r Health carer Housing servicesI Permanent housing placement. Day care
3. Operating Costs:r Maintenance. Securityr Operation
I Nutritional servicesr Short term payments for rent/mortgage/utility costs' Assistance in galning access to government benefitsAervices
r UtilitiesI Furnishingsr Equipment
r Suppliesr Staff training and recruitment
Contract Page 037
NEPA
ATTACHMENT 6.c(2)
NEPA4. Economic Development Actlvities:
E . Equiprnent purchase. tnventory financing
. lnterest subsldy. Operating costs
tr
n
5' Activities to assist horneownership or existing or d,";, "o"llilff:::::il*ff",'F:;r1ilXit*struction
or expansionr Closing costs and down payment assistance to homlbuyers - - '- - - -l
, :. lnt-ereslbgy {g-ryns or other actions resurting in transfer of trtre5, Affordable housint fie-development cost
- - -:"o :'
. Legal consultingr Developer and othersite_option costsr Projectfinancing
; t Admlpls!ryt]ve costs for loan commitments, zoning approvals, and other activities which don,t have a physical impact7' Approval of supplemental assistance (inciuding insuranle .; t;"rr;;;i to a pro1ect previousry approved under part 58, if:u the same responsible entlty conducteo tt'. .nutronrentat rev]ew on iie originat project and re-evaluatron of thel environmental findings is not requireJ unJer iection s8.cz
section 2. Airport Runway crear zones (civil) and Accident potentiar Zones (Miritaryf
Does the proJect lnvorve HUD assrstance, subsidy or insurance for the purchase or sare ofan existing property?
Section 58.6 also requires compliance with the Coastal
W{|li!6lonstaJg.![e1e!-q19.,![q-4-c,qqoes1919p!1.y_.
Barrier Resources Act. There are no Coastal Barrier ResourceAreas in
1f the prohibitions are
subpart l). Therefore, the
(Check os appropriote)
Xno
Proceed tosection 3-
regulation does not apply.
ls the project located withln 2,500 feet of a civil airport or 15,000 feet of a military airfield?Eruo
Document & proceed to
Sectlon 3-regulaflon
ls the project located within a n FAA-designated civilian airport Runwa y Clear Zone (RCA)or Eves E ruoRunway Protection Zone, or within the military Airfield Clear Zone (CZ) or AccidentPotential ZonelApproach Protection Zone (APzl,based upon information from the alrport Contlnue Document & proceed toor military airfield administrator i dentifying the boundaries of such zones?Section 3-regulaflon
Comply with 24 CFR part 51, Subpart D which may include providing a written notice to a prospective buyer or leaser of the
{gqs no!999fy,
potential hazards from airp lane accidents and the potentia I that an airport or airfield may wish to purchase the p ropertyoperatorat some point in the future as part of a clear zone acquisition program. Maintain copies of the signed notice. For propertieslocated in a military clear zone, make and docume nt a determination of whether the use of the property is gene rally consistentwith DOD guidelines. N otice Sarnple:
Secfion 3. Coasta I Earrier Resources Act.
flvrs
Contlnue
I vrs
Continue
ll;ffiil"jff|?il;:'Jifrl--oF) is not requ,.", il:i*:ffJ.'lffj:,T*, may be initiated without rurther environmentar
SEPACERTIFICATION
Ii:rfl1XTil:'r'fi,tjjji[: i:T:;::;:to project compries with the provisions orthe state Environmentar protecrion Act (sEpA,
Contract Page 038
ATTACHMET{T 0.0(31
NEPAtr The project ts categortcally Bempt under sEpA wAc 197.11.800
OR
tr The project does not have a probablc adverse lmpact on the environment (wAc 1gl-Ll-gloland an envlronmentat impactstatement ls not requlred. Documentauon supportlng the Determinatlon of Non-signlflcance ls contalned in the EnvlronmentatRevlew Record.
Pr€parcr tlame lprlntl: Judy pless
Tltlc: Budget & Flnance Manager
Chlef Admlnlstrative Officlal (prlntl: Br€tr Wich3mtth
Slgnaturcl Date: 02-26-2021
Tltle Cheirman Boqrd ilf County
Date: 03{12-2021
Contract Page 039