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HomeMy WebLinkAboutRes-2021-094BOARD OF' COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF'WASHINGTON RESOL NO.2021 UTION .-_0L+ A RESOLUTION AUTHORIZING EXECUTION OF'A CONTRACT WITH HOPESOURCE RELATED TO CORONAVTRUS (CDBG-CV-l) PROGRAM CONTRACT #20-6221C- I 1 s WHEREAS, Kittitas County applied for and was awarded a contract with the Department of Commerce (Coronavirus (CDBG-CV-1 ) Program Contract #20-6221C-1 1 5) ; and WHEREAS, HopeSource is prepared to provide the services outlined in that contract denominated as subsistence payment and childcare services as a part of the county's coronavirus relief effort. NOW, THEREFORE BE IT RESOLVED the Board of County Commissioners is authorized to execute the attached contract with the HopeSource related to Coronavirus (CDBG-CV-1) Program Contract #20-6221 C-1 1 5. DATED this 1Sth day of June 2021, at Ellensburg, Washington. BOARD OF COLINTY COMMISSIONERS KITTITAS COLTNTY, W TON ABSENT Vice-Chair Commissioner - of a Contract Page 001 oard ATTACHMENT 18.C (1) SUBRECIPIENT AGREEMENT BETWEEN KITTITAS COUNTY AND THE HOPESOURCE This Agreement is made between KITTITAS COUNTY (herein called the Local Government) and HOPESOURCE (herein called Subrecipient) for the CDBG-CVI Public Service Subsistence Payments and Childcare Services (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD)to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 2O-6227C-LL| (CFDA L4.228), to fund the Project with FederalAward ldentification Number (FAIN): B-20-DW-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; for Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers for the CDBG-CV1 consortium area. The parties agree that: L. SCOPE OF SERVICES A. Local Government Responsibilities The LocalGovernment is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(2a CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. PrincipalTasks Approx. 76 LMI persons to receive direct services o Complete the environmental review and prepare an environmental review record in compliance with NEPA requirements for CDBG. r Develop and establish CDBG-CV program's policies and procedures, including CDBG income qualification, COVID-19 impact verification, prevent duplication of benefits, and beneficiary reporting requirements, Revised l/25/2021Contract Page 002 Page I of 14 Doc I D : 7af68 1 bb0ca6 537 03df7 4te4909e206e42 be 1 2f0 2. ATTACHMENT 18-C (2) r Deliver the direct services identified in the CDBG application through the subrecipients. r Allocate and manage public services funds as established in the approved subrecipients agreement and budget and prevent duplication of benefit. o Meet the CDBG national objective of principally benefiting low- and moderate-income persons . Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's objective of creating suitable living environments TIME OF PERFORMANCE The effective date of this Agreement is March 27,2O2O and complete execution of this agreement and will be in effect for the time period the contract expires January 3L,2023. AGREEM ENT REPRESENTATIVES 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: Susan Grindle, Director of HopeSource Mailing Address: 700 E Mountain View Ave Ste 501 City, State and Zip Code: Ellensburg WA 98926 Telephone Number: 5O9-925-L448 Fax: 5O9-925-L2O4 E-mailAddress: skgrindle@hopesource.us UBI#: 600-263-065 B. Local Government Name of Representative: Judy Pless Title: Budget & Finance Manager Mailing Address: 205 W 5th Ave Suite 105 City, State and Zip Code: Ellensburg WA 98926 Telephone Number: 509-962-7502 Fax Number: 509-962-7687 E-mailAddress: judy.pless@co.kittitas.wa.us BUDGET The Local Government will pass through to the Subrecipient no more than 521-7,364 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Revised l/25/2021 3 4 Project Budget Element Budgeted Amount 05 Public Services 05Q Subsistence Payments 051Childcare Services 5L42,364 S 75,ooo Contract Page 003 Page2 of 14 Do c I D : 7af68 1 bb0ca6 537 03df7 4t e4909e206e42 be 1 2f0 5 ATTACHMENT 18.C (3) lndirect Cost Rate: LO%de minimis rate irect Cost Rate if the Subreci pient chooses to charge lndirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. lf no such rate exists, a de minimis indirect cost rate of LO% of Modified Total Direct Costs (MTDC)will be used. "Modified Total Dl " shall mean alldirect salariesand wages, applicablefringe benefits, materials and supplies, services, travel, and up to the first 525,000 of each subaward (regardless of 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 Government as consistent with its CDBG contract with Commerce.and then approved in writing by the Local Government and the Subrecipient. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service as approved in the Exhibit B. Reimbursement under this Agreement will be based on billings, supported by appropriate detail documentation of costs actually incurred. lt is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. The final request for reimbursement shall be January L5,2023. PERFORMANCE MON ITORI NG The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. lf action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified bythe Local Government, contract suspension or termination procedures will be initiated. Revised 112512021 6. Contract Page 004 Page 3 of 14 Doc I D: 7af68 1 bb0ca6 537 03df7 4te4909e206e42 be 1 2f0 8. ATTACHMENT 18-C (4) 7, SPECIAL CONDITIONS- A. Prevent Duplication of Benefit The CARES Act provides that there are adequate procedures in place to prevent any duplication of benefit as required by section 3I2 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section I2LO of the Disaster Recovery Reform Act of 2018 (division D of Public Law 1L5-25 4; I32 Stat. 3442). HUD requires each Grantee (and subrecipient) have procedures to prevent the duplication of benefits when it provides financial assistance with CDBG-CV funds. Federal disaster law prohibits the provision of federal assistance in excess of need. Before paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid by another source. Any person or entity (including subrecipients) receiving CDBG-CV assistance must agree to repay assistance that is determined to be duplicative; and to assess whether the use of CDBG-CV funds will duplicate financial assistance already received or is likely to be received by acting reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources available to meet that need. CDBG-CV funded activities will prevent, prepare for, and respond to the coronavirus GENERAL CONDITIONS General Compliance 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. CDBG National Obiective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. I ndeoendent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation lnsurance, as the Subrecipient is an independent contractor. Revised ll25l202l A. B. c. Contract Page 005 Page 4 of 14 Do c I D : 7 af68 1 bb0ca6 537 Q3df7 4f e4909e206e42 be'l 2f0 ATTACHMENT 18-C (5) D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. Workers' Compensation The Subrecipient will provide Workers' Compensation lnsurance Coverage for all of its employees involved in the performance of this Agreement. lnsurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. Exhibit A includes the insurance requirements for the Subrecipient G. Fundins Sou rce Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. ln addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 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 by the 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. Suspension or Termination 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: Revised ll25l202l E F H L Contract Page 006 Page 5 of 14 Doc lD: 7af681 bb0ca6537 03df7 4te4909e206e42be1 2f0 9 ATTACHMENT 18-C (6) 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 Agreemen! 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 I N ISTRATIVE REQUIREM ENTS A. Financial Management 1. Accounting 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 will administer its program in conformance with 2 CFR 200. These principles will be applied for allcosts incurred whether charged on a direct or indirect basis. n of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. Documentation and Record Keeping L. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; Revised ll25l2l21 3 B Contract Page 007 Page 6 of 14 Doc lD: 7af681 bb0ca653703df74fe4909e2Oie42be1 2f0 c. ATTACHMENT 18-C (7) c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; t. Financial records as required by 24 CFR 57O.5O2, 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 Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; a nd h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after finalaudit of the LocalGovernment's CDBG project, unless a longer period is required to resolve audit findings or litigation. ln such cases, the Local Government will request a longer period of record retention. 3. Audits and lnspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends 5250,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. Reporting 1. Proqram lncome The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available under Revised 112512021Contract Page 008 PageT of14 Doc I D : 7af68 1 bb0ca6 537 03df7 4f e4909e206e42 be 1 2f0 ATTACHMENT 18-C (8) this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports 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 to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502,570.503, 57O.5O4, as applicable, which include but are not limited to the following: 7. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of 525,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 57O.2O8 until ten (10) years afterthe contract between Commerce and the LocalGovernment is closed. lf the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. ln cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title Vl qf the Civil Riehts Act of 1964 Under Title Vl of the Civil Rights Act of 1954, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Qanfi on 109 ofthe H r rnilrr l'lorral^hm6hl Ar+ n$ 1O'7A Revised l/2512021Contract Page 009 n Page 8 of 14 Doc lD: 7af681 bbOca6 537 03df7 4te4909e206e42be12f0 ATTACHMENT 18-C (9) No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Ape Discrimination Act of 1975. as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabil ion Act of L973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.5.C.794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: L. The work to be performed under this agreement is on a project assisted under a program providing direct federalfinancial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. L7OIu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial 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 the regulations set forth in 24 CFR 135, and allapplicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments 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 in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a Revised l/2512021Contract Page 010 Page 9 of 14 Doc I D : 7af68 1 bb0ca6 537 03df7 4t e49o9e2o5e42be 1 2lO c ATTACHMENT 18-C (10) finding that the subcontractor is in violation of regulations issued by the Secretary of HUD,24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federalfinancialassistance provided to 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 is provided, and to such sanctions as are specified by 24 CFR 135. Conduct 1. Assienabilitv The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of lnterest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 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. Revised l/2512021Contract Page 01 1 Page 10 of 14 Do c I D : 7af68 1 b b0ca6 537 03df7 4f e4909e206e42 be 1 2f 0 D. ATTACHMENT 18-C (11) 3 Certification Resa rd ins Deba rmFnt Srrcnp nsion. lnelieibilitv 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. Copvrisht 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 license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. Religious ActivitiesE The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 11. SEVERABILITY lf any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. 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. 13. 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 communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: EXHIBIT A - lnsurance 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 the projects lN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. Revised ll25l202lContract Page 012 Pagellof14 Doc lD: 7af681 bb0ca653703dfl 4te4909e206e42be1 2f0 ATTACHMENT 18-C (12) KIfi ITAS COUNTY COMMISSIONERS KITTITAS COUNTY INGTON ( Brett smt Chairman ABSENT HOPESOURCE Susan Grindle, Director Date: 06 I 10 I 2021 Laura Osiadacz, Vice Chai'rman pffi,67,cii-missioner ,''Date,;,/5 erk of the Board or lz, Deputy Clerk of the Board Attorney As to Form Revised ll25l202lContract Page 01 3 Page 12 of 14 Doc I D : 7af68 1 b b0ca6 537 03df7 4f e4909e206e42 be 1 2f0 ATTACHMENT 18-C (13) EXHIBIT.'A'' The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional lnsured's from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class Vll or better in the most recently published edition of Best's Reports unless otherwise approved by the County. lf an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for I Commercial General Liabilitv lnsurance Coverage limits not less than: . $5,000,000 per occurrence . $l-,000,000 per occurrence liquor liability o $1,000,000 products & completed operations aggregate o $1,000,000 personal and advertising injury, each offense o Certificate Holder - Kittitas County r The Certificate must name the County as additional insured r Sixty (60) days written notice to the County of cancellation of the insurance policy f Commercial Automobile Liabilitv lnsurance Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS 90 endorsement and o CA 9946 endorsement must be attached if 'pollutants' ore to be tronsported)o Coverage limits not less than: . S1,000,000 combined single limit . Thirty (30) days written notice to the County of cancellation of the insurance policy. X Workers' Compensation Workers' Compensation in amounts required by law f Stop Gap/Emplovers Liabilitv Coverage limits not less than: . $1,000,000 each accident o $1,000,000 disease - policy limit o $1,000,000 disease - each employee Revised ll25l202l Additional Coverage May Be Required: Contract Page 014 Page 13 of 14 Doc I D : 7af68 1 b b0ca6 537 03df7 4t e4909e206e42 be 1 2f 0 ATTACHMENT 18-C (14) a Thirty (30) days written notice to the County of cancellation of the insurance policy. I Professional Liability 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: . $1,000,000 per claim o $2,000,000 annual aggregate. lf insurance is on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no laterthan the effective date of this Contractor shallfurnish the County a Certificate of lnsurance to include the Policy Endorsements/Exclusions as evidence that policies 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 any tools, Contractor's employee-owned tools, machinery, equipment, or motor vehicles owned or rented by 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 unless a copy of the Certificate of lnsurance 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. Revised 112512021Contract Page 015 Page 14 of 14 Doc lD: 7af68 1 bb0ca6537 03df7 41e4909e206e42be1 2f0 EXHIBIT B t,$[H#ffii[ Interagency Grant Agreement with Krttitas County through For Community Development Block Grant Program CDBG - Coronavlrus (CDBG-CVI) Actlvities to prevent, prepare for, and respond to coronavirus in partnership with local selice providers for the CDBG-CVI consortium area. staft date: 312712020 Contract Page 016 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERAGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE FOR coM MUNTTY DEVETOPM ENT BLOCK G RANT -CORONAVTRUS (CDBG-CV-l! PROGRAM c o NTRACT #20-622t0-tLs RESOrUT|ONNO.202l- r)3c WHEREAS, Chapters 39.33 and 39.34 RCW, the lnterlocal Cooperation Act, authorizes public agencies to enter into agreements for mutually advantageous joint or cooperative action; and WHEREAS, Kittitas County and Washington State Department of Commerce are public agencies within the meaning of chapters 39.33 and 39.34 RCW; and WHEREAS, Kittitas County and Washington State Department of Commerce will enter into the agreement to fund the Costs incurred for the Activities to prevent, prepare for, and respond to coronavirus in partnership wlth local servlce provlders for the CDBG-CVI consortlum area. in Kittitas County for the period of March 27,2020 thru January 3L,2023. NOW THEREFORE, BE lT RESOLVE4 the Kittitas County Board of County Comrnissioners authorizes the execution of the lnteragency Agreement with Washington State Department of Commerce, attached hereto, and incorporated herein by thls reference. APPROVEq this 2ND day of March IOZL,at Ellensburg, Washington BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, Iurt, Brett,Chairman ABSENT Laura acr, Vice-Cha'irman Cory Wright, Commissioner I o erk of the Contract Page 017 rd TABLE OF CONTENTS Special Terms and Conditions 10. Envlronmontel Review...11. lndirect Costs12. Grant Management13. Historical Or CulturalArtifacts, Human Remains 15.Laws16. Performance Reporting.,,. 17 Goveming Laru and Venue.. 1 1 1 1 2 2 3 3 3 4 1. 2. 3. 4. 5. o. 7. 8. o 5 5 5 5 5 5 6 6 6 6 Definitions Aulhority....... Acknowledgem ent of Federal Funding. Acquisitlon Audlt......... And Disposition Of Assets Billing Procedures and Payment....,.. Closeout Compensatlon Debarment 14. lnsurance 1E.Prohibition on Cerlaln Funds Transfers..,......... 19.Subcontractor Data Collection ................... 20.Subcontracts for Engineering Servicee 21 Order of Precedence General Tsrms and Gondlfions Definitions All Writings Conlained Herein Amendments Assignment.. Conlidentialily and Safeguarding of lnformation,.,. Copyright. 1. 2. 3. 4, 5. 6. 7. 8. o Program |ncome.......... Disputes..,..... 7 7 7 7 7 II 8I I 9I I sI 10. Licensing,11, Recapture Accreditation and Regisiration ................ 12. Records Maintenence.13. Savings........14. Severability15. Subcontracting..,.. f6.Suruival17. Termination for Cause16. Terminatlon for Convenience,18. Termination Procedures20. Treatment of Assets.....,.21. Waiver..,.........,..,... 10 10 10 10 11 1'l Attachment A, Scope of Work and Budgot Attachment B, Letterto lncur Costs il Contract Page 018 FACE SHEET Conlract Num ber: 20-6221C-l l5 Weuhington Strtc Department of Commcrce Locol Govcrnment Divlsion Communlty Assistance and Rcssarch Unlt CIIBG - Coronavlrus (CDBC-CVI) 15. Slgning Statemcnt COMMERCE, defined as the Departm€nt of Cornmerc€, and the Orantee, as defined above, roknowledge and accept the terms of this Crant and Attachments and have executed this Grant on the date below to start as ofthe date and year referenc€d above and waryant they are authorized to bind their respective agencies. The rights and obligations ofboth parties to this Grant are governed by this Grant and the following documents hereby incorpotated by referonco: Grant Tsrms and Conditions including Attachment "A" - Scope of Work and Budget, Aftachment "8" - Lefter to Incur Costs (if applt te), and lhe following documents incorporated herein by refercnce: Granteens application for funding and the Communit, nont tslock Crant policies and procedures, prepared by Commeroe. FORGRANTEE COMMERCE Wachsmith,Director Kittitas County Commiseioner, Diskict #3 L-JOAI Date Date APPROVEI) AS TO FORM ONLY BY ASSISTAFIT ATTORNE Y GENER.AL (n/I 7 NOIq. APPROVAI.ON FILE. Mark Local lI l, Grantec Kittitas County 205 W sth Ave, Suite 108 Ellensburg, Washington 98926 2. Grrntee Dolng Business As (optional) NA 3. Grantee Reprcsentrtive Brctt Wachsrnith, Kittilas County Commissioner, District #3 Phono: 509,962.7508 Emaill brett.wachsmith.co@co.kittitas.wa.us 4. COMMERCE Representatlve Genny Matteson, Project Manager Phonc: (360) 725-3093 Fax: (360) 586-8440 Genny.matteson@commcrce.wa.gov Address: PO Box 42525 l0l I Plum Streot SE Olympia, WA 98504 5. Grant Amount $292,364 6. Funding Source Federat: E State: E Other: I tvl* E 7. Stmt Date 3127/2020 8. End Date u3tn023 9. Federal Funds (as applicablc) Federal Agencyl $292,364 U.S. Department of Housing And Urban Development CFIIA Number: 14.228 Indlrect Rrte (if appllcrble); N/A (rruD) 10, Tax ID # 9l-6001 349 lr. swv # 00t047s-00 12. UBI # 192002673 13. DUNS # 01020254'l Activities to prevent, prepare for, and respond to coronavirus in partnorship with local service providers for the CDBG-CVI consortium area. A full desription of the project is in Attachment "A" Scope of Work and Budget. l4 Grant Purpose Contract Page 019 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1. -DEF!N|TJO-N$ A. "Contractor" and "Grantee" ln this Grant, and the lerm "subrecipient" found ln ihe federal Community Development Block Granl (CDBG) rules and regulations, shall mean the same.B. Community Development Block Grant - Coronavlrus Response (CDBG-CV) grants are funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.C. "Low- and rnoderate-income'shall mean e household lncome equal to or less than 80 percent of area median income adjusted by family size. D. "$ubgrantee/Subconlract" shall mean one not in lhe employment of the Grantee, who is performing all or part of lhose services under this Grant under a separate Grant with the Graniee. The terms "subgranleo'and "subcontractors" mean subcontractor(s) in any iler,E. "Subreclpient" shall mean a non-federal entity that expends federal awards received fiom a pass- through entity to carry out a federal program, but does not include an individual that ls a beneficiary of such I program. lt also excludes vendors that receive federal funds in exchange for goods and/or servicee in the courss of normal lrade or commerce. 2. AUTHORITY COMMERCE and Grantee enter into this Grant pursuant to the euthority granted by the lnt€rlocal Cooperation Act, Chapter 39.34 RCW. 3.ACKNOWLE*p_G|-r'ENT_O_f_f EDEB4LI:_U_NpS FederalAward Date: Juty 14,2O20 Federal Award ldentification Number (FAtN): B-20-DW.S3-000 1 Total amount of the federal award: $7,720,383 Awarding official: John W. Peters, HUD CPD Director The Grantee aglees that any publications (written, vlsual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Grantee descrlbing progmms or projects funded in whole or ln part with federal funds under this Contract, shall contain the following staternents: "This project was Eupportod by Grant No. B-20-DW-53-0001 awarded by the U.S. Department of Housing and Urban Development (HUD). Points of view in this document are those of lhe author and do not necessarily rapresent lhe official posltion or policles of HUD. Grant funds are administered by the Communig Developmenl Block Grant Program, Washington State Department of Commerce". 4. A_c.qurstflou"a.Nll prspostTloN oF AssErs The Grantee will account for any tangible personal property acquired or improved with lhis Grant. Ths use and dlsposition of real property and equipment under lhls Grant will be in compliance wilh the requirements of all applicable federal law and regulation, including but not limited to 24 CFR Part 84 and24 CFR Part 570,489,570.502,570.503,570.504, and 570.505 as applicable, which include bul are not limited to the following: R€al property that was acquired or improved, ln whole or in part, with funds under thls Grant ln excess of $25,000 shall be used to meet one of the CDBG nalional objectives for ten (10) years after the Grant is closed. Any exception must be made with COMMERCE approval and the GranteE willbe responsiblo to pay COMMERCE an amount equal to the current fair market value of the property less any portion of the value athibutable to expenditures of non-CDBG funds for acquisition of or lmprovemeni to tne property. Such payment from the disposition of real property acqulred with thls Grant withln ten (10) years of closeout of the Grant shall be treated as CDBG Program lncome. ln cases in which equipment acquired in whole or in part with funds under this Grant is sold, the proceeds will be CDBG Program lncome. State of Washlng(on D€partment 0l Comnrerce Contract Page 020 lnteragency Grant Agreement Page 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1. AUDtr lf the Grantee is a subrecipient and expends 9750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific audit for that flscal year. Upon completion of each audit, the Grantee shall: A. Submit to COMMERCE the reporting package specified ln OMB Super Circular 2 CFR 200.501, reports required by tho program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor.B. Submlt to COMMERCE follow-up and developed corrective action plans for all audit findings. lf the Grantee is a subrccipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Granlee shall notify COMMERCE they did not meet the single audit requirement. The Granlee shall send all single audit documentation to audilre,view@qommerce.wa.gov. 2. Blr,!,_!N9 PROC_EpURES AND_ pAytr|FllJ COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submilted to the Representative for COMMERCE Representative on a Washington State lnvoice Voucher form not more often than monthly. The lnvoices shall describe and document, to COMMERCE's satisfaction, a descriplion of the work performed, the progress of the proJect, and fees. The invoice shall include the Contract Number ldentified on the Face Sheet of this Grant, lf expenses are invoiced, provide a detailed breakdown of each type. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in ils sole discrelion, lerminate the Grant or withhold paymenls clalmed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant, including completion of the Environmental Review and the release of funds (if applicable). No payments in advance or in anticipation of services or supplies to be provided under this Glant shall be made by GOMMERCE. COMMERCE shall not release the final five (5) percent of the total grant amount until acceptance by COMMERCE of proJect completion. lnvoices and End of Fis.qa! Ye_af The grantee must invoice end of state liscal year final invoices for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Commerce will provide notification of the end of fiscal year due date. puplication of Billed C-oelS The Grantee shall not bill COMMERCE forservices performed under lhis Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to paynent or has been or will be paid by any other source, including grants, for that service. Prq-v-gltt.pgB|lcati.on of Benelll The CARES Act provides that there are adequale procedures in place to prevent any duplicalion of bsnefit as required by seclion 312 of the Robert T. Stafford Disaster Relief and Emergency Aseistance Act (42 U.S.C, 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115{54; 132 Stat.3442). HUD raquires each Granlee (and subrecipient) have procedures lo prevent lhe duplication of bsnefits when lt provides financial assistance with CDBG- CV funds, Federal disasler.law prohiblts the provision of federal assistance in excess of need. Before paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid State of Washington lnteragency cranl Agreement Department of Commerce page 2 Contract Page 021 by another source. Any person or entity (including subrecipienls) recriving CDBG-CV assistance must agree lo repay assistance that is determined to be duplicative; and to asseis whether the use of CDBG, GV funds will duplicate financial assistance already received or is likely to be received by acting reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources available to meet that need, Digallsyved_tqosts The Grantee ls responsible for any audit exceptions or disallowed costs incurred by lts own organization or lhat of its subcontrac'tors/subrecipient. 3. 9!=O,SEQUT COMMERCE will advise the Grantee to initiate closeout procedures when there are no impediments to closing and the following criteria have been met or soon will be met: A. All costs have been incurred with the exception of closeout costs and any unsettled third-party claims against lhe Grantee, Costs are incurred when goods and services aie received or contrait work is performed. B, The Grantee has held a public hearing to review program performance, C. The Grantee has submitted lhe Conlract Closeout Report. Failure to submit a report will nol preclude COMMERCE from effec'ting closeout if it is deemed to be in the slale's interest. Any excess grant amount in the Grantee's possession shall be returned in the event of failure to finish or update the report. D. Other responsibilitles of the Grantee under this Grant and applicable laws and regulatlons appear to have been carried out sati#actorily or here is no further state lnterest in keeping lhis Grant open for the purposo of securing performance. 4. 9OMP_-E|ISAT|ON COMMERCE shall pay an amount nol to exceed tre amount ldenllfled on lhe Face Sheet of this Grant for the performance of all things necessary for or incidental to the performance of work as set forlh in Attachment A, Scope of Work and Budgel incorporated herein, and by reference the Grantee's application for funding. Grantee shall recelve reimbursement for travel and other expsnses as aulhorized in advance by COMMERCE as reimbursable. Grantee shall receive componsation for travel expenses at curent slate travel reimbursement rates 5. DEBARMENT A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and conditions that to the best of its knowledge and belief that they: - i. Are not presently debarred, suspended, proposed for debarmeni, declared ineligible, or voluntadly excluded from covered transactions by any Federal deparlmsnt or agency, li. Have not withln a three-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense ln connection wilh obtaining, attempting lo obtain, or performing a public or private agreementor transac'tion, violation of Federal or State antilrust statutes or commission of embezzlement, theft, forgery, bribery, falsilicalion or destruction of records, making false statements, lax evasion, receiving stolen property, making false claims, or obstruCtion of justice; iii. Are not Presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of me offenses enumerated in paragraph (1Xb) of federalExecutive Order 12349;and iv. Have not within a three-year perlod preceding the signlng of thls Grant had one or more public transactions (Federal, State, or local) lerminated for cause of default, SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS State of WashirBlon Dgpartmenl of Comrnerce Contract Page 022 lnleragency Gnnt Agreement Page 3 SPECIAL TERMS AND GONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS B. Where the Grantee is unable to certify to any of lhe statements in this Grant, the Grantee shall attach an explanation to this Grant. c. The Grantee agrees by signing this Grant lhat it shall not knowingly enter into any lower tier covered lransaction wlth a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lorver tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.b. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transactlon, debarred, suspended, lneligible, lower tler covered transactlon, pe6on, primary covered transaction, prlnclpal, and voluntarlly excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules lmplementing Executlve Order 12549. You may contact COMMERCE for essistance in obtaining a copy of these regulations. 6. ENVIRONM-ENTALREVTEW Ganeral Purpose, Hous$g En!1g_nq9meUt,. a nd Econ om lc_Qpp-grtqg lly pfa llg Funding in excess of lhe amount stipulated in Aftachment B, Letter to Incur GosE, shall not be released to a Grantee by COMMERCE until the following conditions implementing 24 CFR part 58 are met: A. The Grantee must complete an environmental review of the project and make a finding of environmental impact. A notice of this finding must be published along with a notice of the Grantee's intent to request release of funds for the project unless the proiect is exempt from the publlcation requirements as described. The Grantee must allow a seven (7) or fifteen (1 5) day period for public review and comment following publication of the nolices unless exempt under the Nalional Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). When lhis review and comment period expires, the Grantee may, after considering any comments received, submit a request for release of funds to COMMERCE. Upon receipt of the request, COMMERCE must allow a fifteen (15) day period for public review and comment. When COMMERCE's public review and comment period expires, COMMERCE may, after considering any comments received, formally notiff the Grantee in writing of the release of federal funds for the project. B. This special condition is satisfled when the Granlee completes the environmental review and request for release of funds from COMMERCE. The special condition is effectively removed on the date COMMERCE provides the Grantee with written notice of release of funds. Mlcrgentefpriee ASqfsjange..Plan4!qg-Qn!y and Public Eervlge.s Acliltltl-es Funding shall not be released to a Planning-Only Activities or Public Services Activltles reclpient until the following conditions are met: The Grantee assures that assisted activities are exempl under NEPA (24 CFR 58.34) and categorically oxempt under SEPA (RCW 43,21C.110), The Grantee further assures that the activities do not come under the purview of any other federal, state, and known local environmental laws, statutes, regulations or executive orders. ln addition, the Grantee assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exernption under NEPA (24 CFR 58.34(3) (tur Planning-Only) or 58.34(4) (for Public Services) and (SEPA) WAC 1 07-1 1 -800. Slete of Washington Deparlment olCommerce Contract Page 023 lnleragenry Grant Agreemenl Page 4 SPECIAL TERMS AND CONDITIONS INTEMGENCY GRANT AGREEMENT FEDERAL FUNDS 7. tNDIB_EcrC9SrS The Grantee shall provide their indirect cost rate that has been federat government. lf no such rate exists a de minlmis indirect costs (MTDC) will be used. 8, G8A_N!:UANAg*EUEN! State of Waehington Oepanment ofCommerce negotiated between their entity and the cost rate of 'l0o/o of modifled total direct The Representetive for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Represenlative for the Grantee and their contact information are ldentified on the Face Sheet of this Grant, 9. TITSTORICAL OR 9IILTUEA!.I\]RT!rA9Iq, HUMAN REMAIN-S ln the event that historical or cultural artifacts are discovered at the project site during construction or rehabilitation, the Grantee shall immedialely stop construction' ariO noilfy the local historlcal preservation oflicer and lhe state hisloric preservation officer at the Departmenl of Arohaeology and Historic Preservation (DAHP) at (360) 686-3065. lf human remains are discovered, the Grantee shall stop work, report the pres€ncs and location of the remains to the coroner and local law enforcement immediately, and contact DAHP and the concerned tribe's cultural siaff or committee. 10, f{_quBANQ*E Each party certjfies that it is self-insured under the State's or local governmenl self-insurance liability program, and shall be responsiblE for losses for which it is found liable. 11, LAWS The Grantee shall comply witr all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, . Housing and Community Development (HCD) Act of 1974.r CDBG regulations in 24 CFR Part 570.r 2 CFR 200.r Coronavirus Ald, Relief, 6nd Economic Security Act (CARES Act), pubtic Law pL 116-136.. Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for Community Development Block Grant Program Coronavirus Response Grant, Fiscal Year 2019 and l0!0- Community Development Block Grants, and for other Formula Programs, Docket No. FR621 8-N-01. 1 2. P_ERFORMANCE REPORj]"|_NG The Grantee, at such limes and in such forms as COMMERCE may require, shall furnish periodic progress and performance reports pertalnlng to the aclivities undertaken pursuant to this Grani. These reports may include environmenlal review records, publication affidavits, procurement and contrading re@rds, documentation of compliance wilh federal civil rights requirements, job crealion recordsl program income reports, reports of the costs and obligalions lncurred in connectibn therewlth, the linal closeout reqg_rt, and any other matters covered by this Grant. Activities funded by this Grant providing incomequalified direci assistance or direot services under the limited clientele, housing, or job creation CDBG National Objeclives, must submit quarterly beneficiary reports as furnished {' COUUenCe. Fallure to submit these repoils may result in COMMERCe witntrotding payment or ierminaling this Grant. ,r 3. P_RQGBAM I Ne.-o-_ll!E Program income, as defined ln 24 CFR 570.489(e), retains federal idenflty and will be used in accordan@ with CDBG-CV requirements. The Grantee must mainiain records of program income recoived and expended, and annually report program income received after closeout of this grant. Contract Page 024 lnteragency Granl Agreorrenl Page 5 SPECIAL TERMS AND GONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FIJNDS Program lncome shall be used to conlinue the sam€ activities to benelit low- and moderate-income persons or, with COMMERCE approval, for other activities to benefit low- and moderate-income psrsons- lnterest earned in excess of $100 on CDBG funds received to reimburse incuned costs must be remltted to COMMERCE for return to the U.S. Treasury. 14. PROHIBITION O.N CEBTAIN FUNDS TRANSFERS The Grantee that directly or indirectly receives CDBG-CV funds may not sell, lrade, or olhemise transfer all or any such potion of such funds lo another such entity in exchange for any other funds, credits or non-Federal consideration, but must use such funds for activltles ellgible under title I of the HCD Act or permiited by waiver and alternative requirements that apply 1o the use of CDBG-CV funds, 16. SUBCONTRACTOR DATA COLLEGTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of funds expended for work perbrmed by subcontractors, including but not necessarily limited to minority. owned, woman-owned, and veteran-owned business subconlractors. 'Subcontractors" shall mean subcontractors of any lier, 16. SUF_CONTRAGTS, FOR ENGTNEERING S,EBVICES Engineering firms musl certifo that they are authorized to do business in the state of Washington and are ln full compliance wlth the requirements of the Board of Professional Registration. The Grantee shall require that engineering services providers be covered by errors and omissions insurance. The engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activilies by the engineering llrm and licensed staff employed or under contract to the engineering firm, The state of Washington, its agents, officers, and employees need nol be named as additional insureds under this policy. 17. ORDEROF PREGEDENCE ln lhe evenl of an inconsistency in lhis Grant, the inconsislency shall be resolved by giving precedence in the following order: . Appllcable federal and state of Washington stalutes and regulationso Special Terms and Conditions. General Terms and Conditionsi Attachment A - Scope of Work and Budget. Attachment B - Letter to lncur Cost, if applicable. Grantee's application for funding and the Community Development Block Granl policies and procedures, prepared by Commerce as incorporated by referenca on the Face Sheet State of Waohington oepartment of Commerce Contract Page 025 lnterag€noy Gra nt Agreement Page 6 GENERAL TERMS AND CONDMONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1. DEF|N|TIQNS As ueed throughout this Grant, the following terms shall have the meanlng set forth below: A. "Authorized Representative' shall mean lhe Director and/or the designee authorlzed in writing to act on the Director's behalf. B. "COMMERCE" shall rnean the Deparlment of Commerce. C' "Grant" or "Agreement" means the enlire written agreement between COMMERCE and the Grantee, including any altachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. "Grantee" shall mean the entity idenlified on the face sheet performing service(s) underthis Grant, and shall include all employees and agents of the Grantee. E. "Personal lnformalion" shall mean information identifiable to any person, inoluding, but not limited to, information that relates to a person's name, heallh, financee, education, business, use or receiptof governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identlfying numbers, and any flnancial idenufiers, F. 'Stste" shall mean the state of Washington. G' "Subgrantee/Subcontract" shall m6an one not in the employment of the Grant, who is performing ell or part of those services under this Grant under a separate Grant with the Contractor. The terma "subgrantee" and "subcontractors" mean subcontractor(s) in any ller, 2. ALLW-RITINGS GONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or olherwise, regarding the subiect matter of this Grant shall be deemed to exist or to bind any-of the parties hereto, 3. AMENDMENTS This Grant may be amendsd by muiual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized lo bind aach of the parlies. 4. ASgIGNMENT Neither this Grant, work thereunder, nor any claim alising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 5. COI'TFTDENT|ALITYI\Np SAFEGUARD_UIS gF TNFORMATTON A. "Confidentlal lnformation" as used in this section includes: i. All material provided to lhe Grantee by GOMMERCE that is designated as "confidenlial" by COMMERCE; ll. All mateilal produced by the Grantee that is designated as 'confidential" by COMMERCE; and iii, All personal information in the possession of the Grantee that may not be disclosed under state or federal law B. The Grantee shall comply with all state and federal laws retaled to the use, sharing, transfer, sale, or disclosure of Confidential lnformetion. The Grantee shall use Confidential lnformation solely for the purposes of thls Grant and shall not use, share, transfer, sell or disclose any Confldential lnformation to any ihird party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shalltake all necessary steps to assure lhat Confidential lnformition is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential lnformation or violation of any state or federal lews related ihereto. Upon request, the Grantee shall provide COMMERCE wlth lls policies and procedures on confidentiallty. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably detormines lhat changes are nocesssry to prevent unauthorized disclosures. The Stat€ of WaBhington Deparlment of Commorc.e Contract Page 026 lnteragency Granl Agreement Page 7 GENERAL TERMS AND CONDITIONS INTERAG ENCY GRAiIT AGREEMENT FEDERAL FUNDS Grantee shall make the changes within the lime period specified by COMMERCE. Upon requesl, the Grentee shall immediately return to COMMERCE any Confidenlial lnformation lhat COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. G, Unauthorized Use or Disclosure. The Grantee shall notlfy GOMMERCE wlthin five (5) working days of any unauthorized use or disclosule of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. GoPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U,S. Copyright Act and shall be owned by COMMERCE, COMMERCE shall be considered the author of suoh Materials. ln the evenl the Materials are not considered 'works for hire" under the U.S. Copyright laws, the Granlee hereby irrevocably asslgns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective frorn lhe moment of creation of such Materials. "Materials" means all iterns in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surueys, studies, cornpuler programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials lhat are delivered under the Granl, but that lncorporate pre-existing materials not produced under the Grant, the Grantee hereby grants lo COMMERCE a nonexclusive, royalty-fiee, irrevocable license (with rights to sublicanse to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property righls, moral rlghts and rights of publicity, necessary lo grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grantee, of all known or potential invasions of plivacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each nolice or claim of infiingement received by the Grantee with respect to any Materials delivered under this Grant, COMMERCE shall have the right to modifu or remove any restrictlve markings placed upon lhe Materials by the Grantee. 7. DI-SPUTES ln the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoinl one member to the Dlspute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispule Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decids the dispute with the majority prevailing. The determination of the Dlspute Board shall be tlnaland bindlng on the pafties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Govemor's process will control. 8. gglrEB-NtNG I,AW AND VENU*E Thls Grant shall be construed and interpreted in accordance wilh the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County, 9_ rNDEi/lNrFr_qATrON Each party shall be solely responsible for the acts of its employees, officers, and agents. I 0. Llg_EllSNqil\ClC R E Br rAT I O il AND BE-qt $TRAT rO N The Grantee shall comply with all applicable local, slate, and federal licensing, accreditation and registration requirements or standards nocessary for the performance of this Grant. State of WaBhington Oeparlment ol Commerce Contract Page 027 lnleragenoy Grant Agreemenl Page I 11. REC_APTURE ln the event that the Grantee fails to perform this Grant ln accordance with state laws, federal laws, and/or the prcvisions of this Grant, COMMERCE reserues the right to recapture funds in an amount to compensate COMMERCE for the noncompliance ln addition to any other remedies available et law or in equily. Repayment by the Grantee of funds under this recapture provision shall occur wilhin lhe time period specified by COMMERGE. ln the alternative, COMMERCE may recapture such funds from payments due under this Grantee. 12.R_Ege!RO-s__UAtN_rEN-A!!e-E The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirec.t costs of any nature expended in lhe performance of this Grantee. The Grantee shall retain such records for a period of six (6) years following the date ol final payment. At no additional cosl, these records, including materials generated under the Grant, shall be du6lect at all reasonable times-to lnspeclion, review or audit by COMMERCE, personnel duly authorizlO ny COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by lav'a regulalion or agreement. If any litigation, claim or audlt is started before the expiration of lhe six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the recordi have been resolved. {3.gA-vlXG-S ln lhe event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten tabnbar day nolice requirement, ln lieu of terminatlon, the Grant may be amended to reflect the new fundin! limitations and condiiions. 14- SEVEBABILIIY The provisions of this Grant are intended to be severable. lf any term or provislon is lllegal or invalid for any reason whatsoever, such illegality or lnvalidity shall not affect the validity of tho remainder of the Grant. I 5. S ljgg BAN fl N G/S_u BQ-o, NT RA9T! N q The Grantee may only subcontract work contemplated under this Grant if lt obtains the prlor written approvalof COMMERCE. lf COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to s_qcolqqding, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may; (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontraoting wilh a particutar person or entity; oi (c) require the Grantee to rescind or amend a subcontract Every subcontract shall bind the Subgrantee lo follow all applicable terms of this Grant. The Grantee is responslble to COMMERCE if lhe Subgrantee fails to comply with any applicable term or condition of this Grant. The Gnanlee shall appropriatoly monltor the activities of ine bubgrantee to assure fiscat conditions of this grant. ln no event shall lhe exlstence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the pedormance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the Strate of Washington are not liable for claims or damages arislng fom a subgrantee's perlormance of the subcontract. GENERAL TERMS AND GONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS Stale of Waehlngton Deparlmenl of Commoroe Contract Page 028 lnteragency Grant Agr€ement Page I GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDEML FUNDS {6. q-u_BvfvAL The terms, conditions, and warranties contained in this Granl that by their sense and context are intended to survive lhe completion of the performance, cancellation or termination of this Grantee shall so survlve, 1 7. T*E-[Ulll]lAT,t0N F,OR cAUs E ln the event COMMERCE determines the Grantee has hiled to comply with the condilions of this Grant in a timely manner, COMMERCE has the right to suspend or terminaie this Grant. Before suspending or terminating the Grant, COMMERCE shall notiFy the Grantee in writing of the need to take corrective action. lf corrective action is not taken within 30 calendar days, the Grant may be lerminated or suepended, ln the evenl of terminaiion or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the roplacement or cover Grant and all administrative cosis directly related to the replacement contract, e,9., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE res€rves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance brEach and pending conective action by the GMNTEE or a decision by COMMERCE to lerminate the granl. A termination shall be deemed a "Termination for Convenience" if it is delermined that the Grantee: (1) was not ln default; or (2) failure lo perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and ars in addition io any other rights and rernedies provided by law. 1 8. TEB![ NAT!_O"-N F€R QO NVE NIEN9 F Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, teminate this Grant, ln whole or in part. lf this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termlnation. I 9. TERMTNATTOJ{ P.ROqEqUBES Upon terrnination of this Grant, GOMMERCE, in addition to any other righta provided in this contract, may require the Grantee to deliver to COMMERCE any proparty specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stiated, for completed work and services accepted by COMMERCE, and thE amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iil) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determino the extent of lhe liability of COMMERCE, Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines lo be necessary to prot€ct COMMERCE agalnst potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provlded by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative. the Grantee shall: A, Stop work under the Grant on the date, and to the extent specified, in the notice; B, Place no furthet orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; State of Washinglon Eeparlmont of Commerce Contract Page 029 lnteragency Grant Agreement Page 10 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEOERAL FUNDS G' Assign to COMMERCE, in the manner, at the times, and to the extenl directed by the Authorized Representative, all ol the rights, title, and interest of the Grantee under the orders and subgrants/subcontracts so termineted, in which case COMMERCE has the dght, at its discretion,to settle or pay any or all claims arising out of lhe telmination ol such orders and subgrants/subcontra cts ; D' Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorlzed Representaflve to the extent the Authorized Representative may require, which approval or ratificalion shall be final for all the purposes of lhis clause; E. Transfer title to COMMERGE and deliver in the manner, at the times, and to the extent directed by the Authorlzed Representative any property which, if the Grant had been completed, would hav6 been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been lerminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Aulhorized Representative may direct, for the prolection and preservation of the property related to this Grant, whidr is in the possession of the Granlee and in which the Authorized Representative has or may acquire an interest. 20. T.REATME-NI gF ASSETS Tltle to all property furnlshed by COMMERCE shall remain in COMMERCE. Tifle to all property furnished by the Grantee, for the cost of which the Grantee is entitled lo be reimbursed as a diiect item of cost under this Grant, shall pass to and vest ln COMMERCE upon delivery of such property by the Granlee. Title to other property, the cost of which is reimbursable to the Grantie under this'Gra.ht, -shall pass to and vest in COMMERCE upon (i) lssuance for use of such property in the performance of this Grant, or (ii) commencement of use of such prop€rty ln the performance of this Grant, or (iii) reimbursement of the cost lhereof by COMMERCE in whole or in part, whichever first occurs. A. Any properly of COMMERCE furnished to the Grantee shall, unless otheruise provided hsrein or approved by COMMERCE, be used only for lhe performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE lhat results from lhe negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and adminisler that propefi in accordance wlth sound management praclices. C. lf any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notifr7 COMMERCE and shalltake all reasonable steps to protect the prop€rty lrom further damage. D. The Grantee shall surrender to COMMERCE all property of GOMMERCE prior to settlement upon complelion, termination or cancellation of this Grant. All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors, 21. WaVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach, Any waiver shall not be construed to be a modification of lhe terms of thie Grint unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Departmenl of Commorco Contract Page 030 lnteragency Grant Agreemenl Page I I PerformanceMilestonesBefore first paymentrequestNot more thanmonthlyFirst payment requestwithin 270 days fromcontract executionBy Jan 3! April 30,luly 30, Oct 31.Prior to C.ommercdson-site monitoringBefore requestinglinal5% of CDBGawardBefore auditProject Activities+Must complete each bulleted proiect actlvtty to meet the conespondlng mllestone.r Execute grant contract with Commerce,r Verifo subrecipients do not have an active oclusion record in the federal award system (SAM.gov),include documentation in the CDBG file, and submit a copy to Commerce,r Establish subrecipient agreernents that include a quarterly beneficiary reporting requirement. Submit asigned copy to Commerce.r Establish administrative, financial, reporting; and record keeping systems, including a system toprevent duplication of benefrt.Payment requests:' Review subrecipient reimbursement requests ohd proiect costs and invoices against project budget andcontract start date.I Once costs are approved, prepare and submit payment request and project status report to C,ommerce.. Document receipt of grant funds and reirnbursement of eligible costs.Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter.ICompl ete applicable civil rights requirements.Conduct an on-site monitoring of subrecipients to veriry the grant is used according to CDBGrequirements and all costs reimbursed are allowable.IResolve all monitoring issues with CDBG.Accomplish all grant activities.Conduct a final public hearing to review proiect performance,Submit a CDBG-CV Contract Closeout Report.List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an auditwith the State Auditor's Offrce to rneet the Uniform Guidance (2 CFR Part 200).aBudgetAmountSoATTACHMENT A - SCOPE OF WORK AND BUDGETGrantee: Kittitas CountyContract No. 20-5221C-115Section A: Project Description / Deliverableof Commerce; HopeSource; Cle Elum Downtown Association; Ellensburg Downtown fusociation, and the Ellensburg Business De\relopmentAuthority, as grantsubrecipients, These funds will result in new and increased CDBG eligible public services and micmenterprise assistance for the Kittitas County CDBG-CVI consortiumservice area. The project will provide essential assistance to stabilize eligible households and microenterprises impacted by COVID-19 and create economic opportunities.Total project costs are estimated at S292,3e.For eligible public services, the project will beneft approximately 75 persons annually and target services to limited ctientele with principally low-and moderate-incomeSbased on a LMI household qualification process. For eligible microenterprise businesses, the project will benefit approximately 13 - 20 low-and moderate-incomeKittitas County is awarded a3tr CDBG-CV1 Grant. The County will make these CDBG41/1 funds available to thefive nonprofrts: Kittitas County Chamberfollowingandd to the coronavirus.businesses based on aCDBG{V funded aqtivities willSection B: Projed Activities, Milestones and BudgetCDBG BudgetCode21A GeneralAdmin.Contract Page 031 PedormanceMilestonesAppror 76 tMtpersons receivedirect services bytl3rl2023Before providingmicroenterprisetechnical andfinancialassistanceBefore executing amicroenterpriseassistanceComplete eachmicroenterpriseassistanceApprox. 13-20 LMtmicroenterpriseowners receiveassistance bymilestone.each bulleted*MustProject Actiyitiesto megt theand prepare an envlronmental review record in complianceDevelop and establ'rsh CDBG-CV program's policies and procedures, including CDBG incomequalification, COVID-l9 impaet verification, prevent duplication of benefits, and beneficiaryreporting requirements.Deliver the direct services identified in the CDBG application through the subrecipients.Allocate and rnanage public services funds as established in the approved subrecipientsagreement and budget and prevent duplication of benefit.Meet the CDBG national objective of principally benefiting low- and moderate.income persons.Accomplish HUD's outcome of increasing the availability and accessibility of services to achievettIComplete the environmental reviewwith NEPA requirements for CDBG.HUD,Sofsuitableenvironments,r complete the environmental review and prepare an environmentalreview record in compliancewith NEPA requirements for CDBGr Develop and establish CDBG microenterprise assistance program's policies and procedures,including grant/loan terms, CDBG income qualification, COVID-19 impact verification, duplicationof benefrt prevention, and beneficiary reporting requirements.r Conduct outreach and market the microenterprise assistance programs.r DeveloP and establish financial management systems for tracking microenterprise assistance,assistance.forandr Review and process applications for rnicroenterprise assistance; confirm CDBG elieibilityr Complete second tier environmental review for activities as needed.r Provide microenterprise training and technical assistance.assistancemExeofte microenterprise assistance agreements to approved CDBG eligible microenterprises.Monitor program progress, contractor performancg and cornpliance with applicable federal andstate regulations.assistancerecord for each microeMaintain a' Meet the CDBG national objective of principally benefiting low- and moderate-income persons.r Accompl'sh HUD's outcome of increasing the availability/accessibility of microenterprisetechnical and financial assistance to create economic opportunities and respond to COVID-19economic impacts.BudgetAmount$2!7,tils75p00Section B: Project Activities, Milestones andBudget (continued)CDBG BudgetCode05 PublicServlces:0sQSubsistencePayments051ChildcareServices18C Micro'enterpriseAssistanceTOTAL: s292,364Contract Page 032 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE . PO Box 42525' Olympia, Washington 98504-2525 , (J60) 725-4000 www.commerco,wa,gov October 22,2020 The l-ionorable Blett Wachsurith Kittitas County Commissjoner, Distdct fl3 205 W 5th Ave, Suils 108 Ellensburg, WA 98926 Dear Commissionel Wachsmith: I anr pleased to infolm you that Commerce has awarded Kittitas County up$292,364 in federal Comrnunity Development Blook Grant - Coronavirus (CDBG-CV) funds. 'this awzud is based on the jurisdiction's CDBG-CV1 application for-. activities to prevent, prepale for, and lespond to coronavints in partnership with local service ploviders for the CDBG-CV1 consoftium area. Prior to grant contract execntion, this letter allows you to begin incurring costs not to exceed ten percent of your award as of March 27 ,2020, for only the fbllowing activities: r Adrninistlation including documented stafling, travel and training. Ple-application costs, such as public hearing notices and documented staffing and time for the CDBG-CVl consofiium building and application. Review of environmental laws and autholities, including Section 106 of the National I-Iistolic preservation Act of 1996 r Preliminary engineerilg design wod( ancl consultations needed for the environmental review r Strbtecipient agreements or professional service contmots for any of the above activities A CDBG subrcoipient agreement, for use if you pass these funds thlough to a service provider to implement the grant, is available in Section 18 of the CDBC Management Handbook, which is available electronical ly at www. commerce.wa. gov/cdbg and herg. CDBG ploculement rerluirements rnust be tbllowed belbre hiring profbssional services or conttactors to be ftlnded by this CDBG award, 'I'hese requirements are in Sectinns 5 and 7 of the CDBG Management Handbook. CDBG-specifio compliance with the National Environmental Policy Act QTIEPA) must be completed before any construction bid advgrlising or ploperty acquisition activity can occur These procedures are described in section 6 of the CDBG Management Handbook. Contract Page 033 The Honorable Brett Wachsmith October 22,2020 Page2 Eligible costs will be reimbursed by Commerce after your grant cbntract with Commerce is executed and the NEPA environmental review is complete (see enclosure for further explanation). All costs to be reimbused must oomply with applicable state and federal requirements. Additional CDBG-CVI implcmentation guidance is available on the CDBG-CV website here and forthooming, The jurisdiction must have an active and unexpired Dun and Bradsfreet Numbering System (DUNS) in the $ystem for Award Management (SAM) to avoid delays in the disbursement of funds. Grantees are required to maintain an active SAM regishation for the duration of their contract by re-actiwting their DUNS number annually at the following website: https :/1www. sarn. gpv/SAM/. Ifyour project is not ready to proceed, resulting in the confract's execution being delayed over 90 days from the date of this letter, the cDBG-cvl award may be rescinded, Your contract manager will be oontaoting you to develop the grant conhact. Until thon, if you have any questions, please contsct Kaaren Roe at 360.72fia]8 or knnrcn.roj@conrnrercq.wa,gg.y, I congratulate you and others for your cfforts thus far. We look forward to workiug with you to address the impacts of COVID-I9 in you communities. Sincerely, 4rrrh MntK K,. llarklcy / Assistant I )irectorj Enclosure Contract Page 034 of CDtsG FUNDING end NEPA oNs Costs incuned prior to the CDBG awal'd lettff cannot be reimbursed by CDBG. Eligible costs will be reimbursed by Commerce after a gmnt contract has been formnlly execnted and the cDBG-specific plocedures under NEPA and sEI'A are completed. Executing the grant contract and completing the environmental review can occur concunently, Unless the activily is exempt or categorically exchrded and not subject to 24 CFR 58.5 under NEPA, the local government grantee, subreoipients, contractors and all other participants may not contmit CDBG oL non-CDBQ fi,uids if the activity would have an adverse environmental impact ol limit the choice of reasonable alternatives, This restriction applies to activities as of the date the CDBG program rCgCivjliJ!tg3l11|.3g0lfS4!ra1 Portions of pr.eliminaty design work needed for cornpletion of the environmental review zue allowable, f itle 1 of the Housing and Community Development Act of 1974 as amended and the environmental review procedures found in 24 CFR 58.22 apply to any activities as part of a CDBG project, The environmenlal review activities cornpleted for other federal or state funding can contribute towards but not entirely meet the CDBG-specific procedure for NEPA and SBPA, Siection 6 ol'thq Cl)fl(i Mlnagcntent llanellnok plovides further detail and the necessary CDBG forms, Restrictions on Elieiblc Activitics With the award letter, the grantee can begin to incur costs up to l0% of award for the following activities which don't require an envirorunental review IF the grant application requested CDBG funding ofthese costs: Administration: Executing the CDBG contract, Establishing administrative, financial, reporting, and record keeping systems, including staffrng, travel and training. Environnrentnl Revierv: Review of environmental laws and authorities, including 24 CFR 58,5 and Section 106 of the National Historic Preservation Act of 1996, such as: r Consultation lettels to atfected tribes. Cultural resource suffey r FloodplairVwetlanddetermination Preliminary engineering feasibility studies for the envfuonmental assessment, such as surveying and geotechnical or geophysical analysis (excluding ground-disturbing activity of over one cubic sq. ft.). Subcontracting: Subrecipient agreements or professional service contracts for any of the above activities, Before CDBG coutract is executed and environmental review is complete P Phase Contract Page 035 .After CDBG contract cxcculion Whlle completing the enyironmental review All eligible costs will be rcimbr.u-scd after: l' The applicable level of environmental rcview is documented and complete, and funds have been released (see environmental r.eview guidance below); 2. The subrecipient agreement is executed, if applicable; 3. Procurement requircments arc nret; and 4. Adequate back-up documentation is submitted with the payment rcquest, To be eligible for CDBG funding, all costs mnst be allowable under federal cost plinciples and CDBG regulations, and identified in grant application's project budget as to be fi:nded by CDBG The local govemrnent grantee must complete the applicable envhonmental review procedures depending on the type ofproject: 1, Activities ck:curnctlcd by the grantee, and confirmed by Commerce, as exempt or Categorically Excluded and wi.thoU! inrpgclto 24 CFR 58.5 laws, historical structures or culturaliy sensitive land may proceed with commitment of CDBG and non-CDBG funds. 2. Activities that are Categorically Excluded and impact 24 CFR 58.5 laws, or activities requiring an environrnental assessment and a Finding of Non-Significance (FONSI), rnust be fuUfUgttEj appropriately with a request for release of CDBG funds submitted to Commerce, Only after the Commerce conrnent period is ended and lirnd.* nrc r!:lcnsed, may CDBG and non-CDBG funds be committed for activities such as: . Finalizing desigrr and bid specificationsr Advertising for constmction bidsr Property acquisition, including sales arrd purchase agreementsr Site Plepzu'ation r Dernolition $cction 6, of lhe cllllG Mnnrrqcmcnt Ilrnelhoolt provides further detail and the necessary CDBG forms to complete thc environmental r.eview. Contract Page 036 ATTACHMENt ftSlll Determination of Exemption & Determination of Categorical Exclusion (not subject to Section 58.51 Deterrnination of activities per 24 CFR 58.34(a) and 58.35{b) Local Government Namel KittitasCounty ; Contract Number: I2O-62ZLC-LL| Address: 205 W sth Ave Suite 105 Ellensburg WA 98925 Project Description and Location: Kittitas County as a oonsortiurn with all oities applying to fund CDBG public servioes and local microenterprise assistance progralns; rcntal and rnottgage assistancc and dayoare oxpenses for people who have lost inconre due to COVID-19 impacts. All CDtsG furrded activities must benefit low-and nroderate-inconle persons or mcct the CDBG urgent need national objective critelia. Funding Source: WA State CDBG Other Funding Sources The activlty falls lnto the checked category below, and listed at 24 CFR S8.34(af as Exempt. L. Environrnentalandotherstudies,resourceidentification,anddevelopmentofplansandstrategies 2, lnformation and financial services 3. Administrative and management activities Public services that will not have a physical impact or result in any physical changes including but not limited to seryices concerned with: r Employment r Recreation needs I Energy conseryation. Crime prevention r Drug abuse r Welfare 4, V tr n n n tr ! n n n n f r Child care r Educationr Health r Counseling 5. lnspections and testing of properties for hazards or defects 6. Purchase of lnsurance 7. Purchase oftools 8. Engineering ordesign costs 9. Technical assistance and training 10. Temporary or permanent improvements that do not alter environmental conditions and are limited to activities to protect, repair or arrest the effects of disasters or imminent threats to public safety, including those resulting from physical deterioration. 11. Payment of principal and interest on loans made or obligations guaranteed by HUD The actlvlty falls into the checked category llsted below, and ls listed et 24 CFR 58.35(bf as a Categorically Excluded activity not subJect to Section 58.5. 1, Tenant-based rental assistance 2. Supportive Services (including but not limited to)i r Health care. Housing services. Permanent houslng placement Day care 3. Operating Costs:r Maintenance. Security. Operation Other ' Nutritional services. Short term payments for rentlmortgage/utility costs ' Assistance in gaining access to government benefits/services ,{ X I t r UtilitiesI FurnishingsI Equipment Supplies Staff training and recruitment Contract Page 037 fr ATTACHMENT 6.c(2) NEPA a 4, Economic Development Actlvities: i I Equipment purchase I lnterest subsidyI lnventory financing . Operating costsr Other expensg! no_t-.g.ssgc-t-qted with co*nstruction or expansion 5. Activities to asiist horneownership of existing or dwelling units under construction, lncluding: ' Closing costs and down payment assistance to homebuyers -r ,, lnterest buy {o1yns or other actions resulting in transfer of title 5. Affordable housing pre-development costs. Legal consultingr Developer and othersite-option costsI Projectfinancingr Admllgtratlve costs for Joan commitm_e_nts, zoning approvals, and other activities which don't have a physical impact 7. Approval of supplemental assistance (including insurance or guarantee) to a project prevlously approved under part 58, if: the same responsible entlty conducted the envlronmental revlew on the or'rginal project and re-evaluation of the environmental findin6p is not required under Section 5g.47 n n a oi""ir6' D6;Gr il;i".*#H4 x u o !ryr B l!4terrtiqr (!_4llg $, qt _ -_ Section 58'6 requlres compliance with the Flood Disaster Protectlon Act, However, under 24 CFR 5s,1 (b)(r) the prohibitions are notappllcabletoHUDfinancialassistanceundertheState-administeredCDBGProgram(24CFRpartSTO,subpartl). Therefore,the Act does not apply. Section 2. Airport Runway Clear Zones (Civilf and Accident PotentialZones (Military) (Check os dppropriote) Does the proJect lnvolve HUD asslstance, subsidy or insurance for the purchase or sale of an existinB property?flves Contlnue Xno Proceed to Section 3- regulation does not apply. ls the project located within 2,500 feet of a civil airport or 15,000 feet of a military airfield?Eno Document & proceed to SeGlon 3-regulatlon does not ls the project located within an FAA-designated civilian airport Runway Clear Zone (RCA) or !vrs NORunway Protection Zone, or within the military Airfield clear Zone (cZ) or Accident Contlnue Document & proceed toPotential Zone/Approach Protection Zone (ApZ), based upon information from the alrport Section 3-regulationor military airfield administrator identifying the boundaries of such zones?loes ng-1 agply. Comply with 24 CFR Part 51, Subpart D which may include providing a written notice to a prospective buyer or leaser of the potential hazards from airplane accidents and the potential that an airport or airfield operator may wish to purchase the property at some point in the future as part of located in a military clear zone, make with DOD guidelines. Notice Sample: a clear zone acquisition program. Maintain copies of the signed notice. For properties and document a determination of whether the use of the property is generally consistent Section 3. Coastal Barrier Resources Act. Section 58.6 also requires compliance with the Coastal Barrier Resources Act. There are no Coastal Barrier Resource Areas in sta,te, l!e1qto1g, thq,Ac.t does !!gl ?ppl_v-. NEPA CERTIFICATION A Request for Release of Funds (RROF) is not required for this project. The activity may be initiated without further environmental review beyond 24 CFR Part 58.6. SEPA CERTIFICATION The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental Protection Act (SEpA, Chapter 43.21C RCW) and has determined: I vrs Continue Contract Page 038 ATTAGHMENT 0.c(31 NEPA @ The project ls Categorlcally Exempt under SEPA WAC 197.11.800 OR tr The project does not have a probablc adverse lmpact on the environment (WAC 197-11-9701 and an envlronmental impact statement ls not required. Documentetlon supportlnE the Determinatlon of Non-signlflcance ls contained ln the Envlronmental Revlew Record. Preparer Name lprlntf : ludy Pless Tltle: Budget & Flnance Manager Chlef Admlnlstratiye Offlclal (printl! Brett Wactsmlth Tltle Chalrmrn, Bolrd 0f County Date: O3{12-2021 Slgnaturcl lr,"t Date: 02-26-2021 Contract Page 039