HomeMy WebLinkAboutSub Recipient - Chamber CommerceBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO.2021-QMS
A RESOLUTIONAUTHORIZINGEXECUTIONOF A CONTRACTWITH THECHAMBEROFCOMMERCERELATEDTOCORONAVIRUS(CDBG-CV-1)
PROGRAM CONTRACT#20-6221C-115
WHEREAS,Kittitas County applied for and was awarded a contract with the Department of
Commerce (Coronavirus (CDBG-CV-1)Program Contract #20-6221C-115);and
WHEREAS,the Chamber of Commerce is prepared to provide the services outlined in that
contract denominated as enterprise assistance 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 Chamber of Commerce related to Coronavirus
(CDBG-CV-1)Program Contract #20-6221C-115.
DATED this 15th day of June 2021,at EIIensburg,Washington.
BOARD OF COUNTY COMMISSIONERS
ABSENT
Vice-Chair
Commissioner
Contract Page 001
ATTACHMENT 18-C (1)
SUBRECIPIENT AGREEMENT
BETWEEN
KITTITAS COUNTY AND THE KITTITAS COUNTY CHAMBER OF COMMERCE
This Agreement is made between KITflTAS COUNTY (herein called the Local Government)and KlTTITASCOUNTYCHAMBEROFCOMMERCE(herein called Subrecipient)for the CDBG-CV1 Public ServiceSubsistencePaymentsandChildcareServices(herein called the Project).
As the Washington State Department of Commerce (Commerce)is authorized by the federalDepartmentofHousingandUrbanDevelopment(HUD)to provide funds to units of local governmentselectedtoundertakeandcarryoutprojectsundertheWashingtonStateCommunityDevelopmentBlockGrant(CDBG)Program in compliance with all applicable local,state,and federal laws,regulationsandpolicies;and
As the Local Government has applied for and received a CDBG award,contract number 20-6221C-115(CFDA 14.228),to fund the Project with Federal Award Identification Number (FAIN):B-20-DW-53-0001;and
As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work andtheobjectivesofthelocalCDBGproject;for Activities to prevent,prepare for,and respond tocoronavirusinpartnershipwithlocalserviceprovidersfortheCDBG-CV1consortium area.
The parties agree that:
1.SCOPE OF SERVICES
A.Local Government Responsibilities
The Local Government is responsible for administration of the CDBG contract,and ensuring CDBGfundsareusedinaccordancewithallprogramrequirements[(24 CFR 570.501(b)]and its CDBGcontractwithCommercereferencedabove.The Local Government will provide such assistanceandguidancetotheSubrecipientasmayberequiredtoaccomplishtheobjectivesandconditionssetforthinthisAgreement.
B.Subrecipient Responsibilities
The Subrecipient will complete in a satisfactory and proper manner as determined by the LocalGovernmentthefollowingtaskstoaccomplishtheobjectivesofprincipallybenefitinglow-andmoderate-income persons.The Subrecipient will periodically meet with the Local Government toreviewthestatusofthesetasks.
Principal Tasks
Before providing microenterprise technical and finance assistance
•Complete the environmental review and prepare an environmental review record incompliancewithNEPArequirementsforCDBG.
•Develop and establish CDBG microenterprise assistance program's policies andprocedures,including grant/loan terms,CDBG income qualification,COVID-19 impactverification,duplication of benefit prevention,and beneficiary reportingrequirements.
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ATTACHMENT 18-C (2)
•Conduct outreach and market the microenterprise assistance programs.
•Develop and establish financial management systems for tracking microenterprise
assistance,training,grant receipts,and repayments for microenterprise assistance.
Before executing a microenterprise assistance agreement
•Review and process applications for microenterprise assistance;confirm CDBG eligibility
•Complete second tier environmental review for activities as needed.
•Provide microenterprise training and technical assistance
•Approve microenterprise assistance agreements
Complete each microenterprise assistance
•Execute microenterprise assistance agreements to approved CDBG eligible
microenterprises.
•Monitor program progress,contractor performance,and compliance with applicable
federal and state regulations.
•Maintain a complete record for each microenterprise assistance agreement.
Approx.13-20 LMI microenterprise owners receive assistance by 01/31/2023
•Meet the CDBG national objective of principally benefiting low-and moderate-income persons.
•Accomplish HUD's outcome of increasing the availability/accessibility of
microenterprise technical and financial ass¡stance to create economicopportunitiesandrespondtoCOVID-19economic impacts.
2.TIME OF PERFORMANCE
The effective date of this Agreement is March 27,2020 and complete execution of this
agreement and will be in effect for the time period the contract expires January 31,2023.
3.AGREEMENT 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:Amy McGuffin,Chief Executive Officer
Kittitas County Chamber of Commerce
Mailing Address:609 N Main St
City,State and Zip Code:Ellensburg WA 98926
Telephone Number:509-925-2002
E-mail Address:amy@kittitascountychamber.com
UBI#:601133921
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ATTACHMENT 18-C (3)
B.Local Government:
Name of Representative:Judy Pless
Title:Budget &Finance ManagerMailingAddress: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
4.BUDGET
The Local Government will pass through to the Subrecipient no more than $75,000 in CDBG fundsforeligibleincurredcostsandexpensesfortheProjectaccordingtothefollowingbudget.
Project Budget Element Budgeted Amount
18 C Microenterprise Assistance $75,000
Indirect Cost Rate:L%Federally Approved Indirect Rate,or 10%de ,minimis rate,or fill out "N/A"declining to charge indirect /
Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant,theSubrecipientshallprovidetheirindirectcostratethathasbeennegotiatedbetweentheir entityandtheFederalGovernment.If no such rate exists,a de minimis indirect cost rate of 10%ofModifiedTotalDirectCosts(MTDC)will be used.
"Modified Total Direct Costs "shall mean all direct salaries and wages,applicable fringe benefits,materials and supplies,services,travel,and up to the first $25,000 of each subaward (regardlessoftheperiodofperformanceofthesubawardsundertheaward).MTDC excludes equipment,capital expenditures,and rental costs.
Any amendments to this Agreement's Budget must first be determined by the Local GovernmentasconsistentwithitsCDBGcontractwithCommerceandthenapprovedinwritingbytheLocalGovernmentandtheSubrecipient.
5.PAYMENT
The Local Government shall reimburse the Subrecipient in accordance with the paymentproceduresoutlinedintheCDBGManagementHandbook,Financial Management Section for allallowableexpensesagreeduponbythepartiestocompletetheScopeofServiceasapprovedintheExhibitB.
Reimbursement under this Agreement will be based on billings,supported by appropriate detaildocumentationofcostsactuallyincurred.It is expressly understood that claims forreimbursementwillnotbesubmittedinexcessofactual,immediate cash requirements necessarytocarryoutthepurposesoftheagreement.Funds available under this Agreement will beutilizedtosupplementratherthansupplantfundsotherwiseavailable.
It is understood that this Agreement is funded in whole or in part with CDBG funds through theWashingtonStateCDBGProgramasadministeredbyCommerceandissubjecttothose
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ATTACHMENT 18-C (4)
regulations and restrictions normally associated with federally-funded programs and any otherrequirementsthattheStatemayprescribe.
The final request for reimbursement shall be January 15,2023.
6.PERFORMANCE MONITORING
The Local Government will monitor the performance of the Subrecipient by tracking projectprogress,reviewing payment requests for applicable costs,managing the timely pass-through of
CDBG funds,overseeing compliance with CDBG requirements,and ensuring recordkeeping andauditrequirementsaremet.Substandard performance as determined by the Local Government
will constitute noncompliance with this Agreement.
If action to correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Local Government,contract suspension orterminationprocedureswillbeinitiated.
7.SPECIAL CONDITIONS-
A.Prevent Duplication of Benefit
The CARES Act provides that there are adequate procedures in place to prevent anyduplicationofbenefitasrequiredbysection312oftheRobertT.Stafford Disaster ReliefandEmergencyAssistanceAct(42 U.S.C.5155),as amended by section 1210 of the
Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254;132 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
8.GENERAL CONDITIONS
A.General Compliance
The Subrecipient agrees to comply with:
•The requirements of Title 24 of the Code of Federal regulations,570 (HUD regulations
concerning CDBG);and
•AII other applicable Federal,State and Local laws,regulations,and policies,governing
the funds provided under this Agreement.
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ATTACHMENT 18·C (5)
B.CDBG National Objective
The Subrecipient certifies the activities carried out under this Agreement meet a CDBGProgramNationalObjectivedefinedin24CFR570.208.
C.Independent Contractor
Nothing contained in this Agreement is intended to,or will be construed in any manner,ascreatingorestablishingtherelationshipofemployer/employee between the parties.TheSubrecipientwillatalltimesremainan"independent contractor"with respect to theservicestobeperformedunderthisAgreement.The Local Government will be exemptfrompaymentofallUnemploymentCompensation,FICA,retirement,life and/or medicalinsuranceandWorkers'Compensation Insurance,as the Subrecipient is an independentcontractor.
D.Hold Harmless
The Subrecipient will hold harmless,defend and indemnify the Local Government from anyandallclaims,actions,suits,charges and judgments whatsoever that arise out of theSubrecipient's performance or nonperformance of the services or subject matter called forinthisAgreement.
E.Workers'Compensation
The Subrecipient will provide Workers'Compensation Insurance Coveragefor all of itsemployeesinvolvedintheperformanceofthisAgreement.
F.insurance and Bonding
The Subrecipient will carry sufficient insurance coverage to protect contract assets from lossduetotheft,fraud and/or undue physical damage,and as a minimum will purchase ablanketfidelitybondcoveringallemployeesinanamountequaltocashadvancesfrom theLocalGovernment.
The Subrecipient shall furnish the Local Government with properly executed certificate ofinsuranceorasignedpolicyendorsementwhichshallclearlyevidenceallinsurancerequiredinthissectionpriortocommencementofservices.The certificates will,at a minimum,listlimitsofliabilityandcoverage.The certificate will provide that the underlying insurancecontractwillnotbecancelledorallowedtoexpireexceptonthirty(30)days prior writtennoticetotheLocalGovernment.Exhibit A includes the insurance requirements for theSubrecipient
G.Funding Source Recognition
The Subrecipient will insure recognition of the roles of Commerce,the WA State CDBGprogram,and the Local Government in providing services through this Agreement.Allactivities,facilities and items utilized pursuant to this Agreement will be prominentlytabeledastofundingsource.In addition,the Subrecipient will include a reference to thesupportprovidedhereininallpublicationsmadepossiblewithfundsmadeavailableunderthisAgreement.
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ATTACHMENT 18-C (6)
H.Amendments
The Local Government or Subrecipient may amend this Agreement at any time providedthatsuchamendmentsmakespecificreferencetothisAgreement,and are executed inwriting,signed by a duly authorized representative of each organization,and approved bytheLocalGovernment's governing body.Such amendments will not invalidate thisAgreement,nor relieve or release the Local Government or Subrecipient from its obligationsunderthisAgreement.
l.Suspension or Termination
In accordance with 2 CFR 200.338-9,the Local Government may suspend or terminate thisAgreementiftheSubrecipientmateriallyfailstocomplywithanytermsofthisAgreement,which include (but are not limited to)the following:
1.Failure to comply with any of the rules,regulations or provisions referred to herein,orsuchstatues,regulations,executive orders,and HUD guidelines,policies or directives asmaybecomeapplicableatanytime;
2.Failure,for any reason,of the Subrecipient to fulfill in a timely and proper manner itsobligationsunderthisAgreement.
3.Ineffective or improper use of funds provided under this Agreement;or
4.Submission by the Subrecipient to the Local Government of reports that are incorrect orincompleteinanymaterialrespect.
In accordance with 2 CFR 200.339,this Agreement may also be terminated by either theLocalGovernmentortheSubrecipient,in whole or in part,by setting forth the reasons forsuchtermination,the effective date,and,in the case of partial termination,the portion tobeterminated.However,if in the case of a partial termination,the Local Governmentdeterminesthattheremainingportionoftheawardwillnotaccomplishthepurposeforwhichtheawardwasmade,the Local Government may terminate the award in its entirety.
9.ADMINISTRATIVEREQUIREMENTS
A.Financial Management
1.Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to theaccountingprinciplesandproceduresrequiredtherein,utilize adequate internalcontrols,and maintain necessary source documentation for all costs incurred.
2.Cost Principles
The Subrecipient will administer its program in conformance with 2 CFR 200.Theseprincipleswillbeappliedforallcostsincurredwhetherchargedonadirectorindirectbasis.
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ATTACHMENT 18-C (7)
3.Duplication of Costs
The Subrecipient certifies that work to be performed under this Agreement does notduplicateanyworktobechargedagainstanyothercontract,subcontract or othersource.
B.Documentation and Record Keeping
1.Records to Be Maintained
The Subrecipient will maintain all records required by the Federal regulations specifiedin24CFR570.506 that are pertinent to the activities to be funded under this AgreementandthoserecordsdescribedintheCDBGManagementHandbook.Such records willincludebutnotbelimitedto:
a.Records providing a full description of each activity undertaken;
b.Records demonstrating that each activity undertaken meets one of the NationalObjectivesoftheCDBGprogram;
c.Records required to determine the eligibility of activities;
d.Records required to document the acquisition,improvement,use or disposition ofrealpropertyacquiredorimprovedwithCDBGassistance;
e.Records documenting compliance with the civil rights components of the CDBGprogram;
f.Financial records as required by 24 CFR 570.502,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 otherapplicableFederal,State and Local laws and regulations applicable to CDBG-fundedconstructionprojects;and
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 federalgovernmentsshallhaveaccesstoanybooks,documents,papers and records of theSubrecipientthataredirectlypertinenttothisAgreementforthepurposesofmakingaudit,examination,excerpts and transcriptions.
All such records and all other records pertinent to this Agreement and work undertakenunderthisAgreementwillberetainedbytheSubrecipientforaperiodofsixyearsafterfinalauditoftheLocalGovernment's CDBG project,unless a longer period is required toresolveauditfindingsorlitigation.In such cases,the Local Government will request alongerperiodofrecordretention.
3.Audits and inspections
All Subrecipient records with respect to any matters covered by this Agreement will bemadeavailabletotheLocalGovernment,Commerce,and duly authorized officials of thestateandfederalgovernment,at any time during normal business hours,as often as
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ATTACHMENT 18-C (8)
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 theaboveauditrequirementswillconstituteaviolationofthisAgreementandmayresultin
the withholding of future payments.
The Subrecipient that expends $750,000 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.
C.Reporting
1.Program Income
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
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 570.502,570.503,570.504,as applicable,which include but are not limited to the following:
1.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 thetimeofexpiration,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 $25,000 will be used to meet
one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10)years
after the contract between Commerce and the Local Government is closed.If 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 anyportionofthevalueattributabletoexpendituresofnon-CDBG funds for acquisition of,
or improvement to,the property after the CDBG program's approval.Such payment willconstituteprogramincometotheLocalGovernment.The Subrecipient may retain real
property acquired or improved under this Agreement after the expiration of the ten-year period.
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ATTACHMENT 18-C (9)
3.In cases in which equipment acquired,in whole or in part,with funds under thisAgreementissold,the proceeds will be program income.Equipment not needed by theSubrecipientforactivitiesunderthisAgreementwillbe(a)transferred to the Local
Government for CDBG-eligibleactivities as approved by the CDBG program or (b)
retained after compensating the Local Government.
10.PERSONNEL AND PARTICIPANT CONDITIONS
A.Civil Rights
Title VI of the Civil Rights Act of 1964:
Under Title VI of the Civil Rights Act of 1964,no person will,on the grounds of race,color,creed,religion,sex or national origin,be excluded from participation in,be denied thebenefitsof,or be subjected to discrimination under any program or activity receivingfederalfinancialassistance.
Section 109 of the Housing and Community Development Act of 1974:
No person in the United States will on the grounds of race,color,creed,religion,sex ornationaloriginbeexcludedfromparticipationin,be denied benefits of,or be subjected todiscriminationunderanyprogramoractivityfundedinwholeorinpartwithfundsmadeavailableunderthistitle.
Age Discrimination Act of 1975,as Amended
No person will be excluded from participation,denied program benefits,or subjected todiscriminationonthebasisofageunderanyprogramoractivityreceivingfederalfundingassistance.(42 U.S.C.610 et.seq.)
Section 504 of the Rehabilitation Act of 1973,as Amended
No otherwise qualified individual will,solely by reason or his or her disability,be excludedfromparticipation(including employment),denied program benefits,or subjected todiscriminationunderanyprogramoractivityreceivingFederalfunds.(29 U.S.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 reasonofsuchdisability,be excluded from participation in or be denied the benefits of theservices,programs,or activities of a public entity,or be subjected to discrimination by 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:
1.The work to be performed under this agreement is on a project assisted under aprogramprovidingdirectfederalfinancialassistancefromHUDandissubjectto therequirementsofSection3oftheHousingandUrbanDevelopmentActof1968,asamended,12 U.S.C.1701u.Section 3 requires that to the greatest extent feasibleopportunitiesfortrainingandemploymentbegivenlower-income residents of theprojectarea;and contracts for work in connection with the project be awarded to
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ATTACHMENT 18-C (10)
business concerns which are located in,or owned in substantial part,by personsresidingintheareaoftheproject.
2.The parties to this contract will comply with the provisions of said Section 3 and theregulationssetforthin24CFR135,and all applicable rules and orders of HUD andCommerceissuedthereunderpriortotheexecutionofthiscontract.The parties to thiscontractcertifyandagreethattheyareundernocontractualorotherdisabilitythatwouldpreventthemfromcomplyingwiththeseprovisions.
3.The Subrecipient will send to each labor organization or representative of workers withwhichhehasacollectivebargainingagreementorothercontractorunderstanding,ifany,a notice advising the said labor organization or workers'representative of hiscommitmentsunderthisSection3clauseandwillpostcopiesofthenoticein
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 inconnectionwiththeprojectandwill,at the direction of the applicant,or recipient offederalfinancialassistance,take appropriate action pursuant to the subcontract upon afindingthatthesubcontractorisinviolationofregulationsissuedbytheSecretaryof
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 provideditwithapreliminarystatementofabilitytocomplywiththerequirementsoftheseregulations.
5.Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135,andallapplicablerulesandordersofHUDandCommerceissuedhereunderpriortotheexecutionofthecontract,will be a condition of the federal financial assistance providedtotheproject,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 sanctionsspecifiedbythegrantorloanagreementorcontractthroughwhichfederalassistance isprovided,and to such sanctions as are specified by 24 CFR 135.
C.Conduct
1.Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without thepriorwrittenconsentoftheLocalGovernmentthereto;provided,however,that claimsformoneydueortobecomeduetotheSubrecipientfromtheLocalGovernmentunder
this contract may be assigned to a bank,trust company,or other financial institutionwithoutsuchapproval.Notice of any such assignment or transfer will be furnishedpromptlytotheLocalGovernmentandCommerce.
2.Conflict of Interest
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 theplanningorcarryingoutoftheproject,will have any personal financial interest,direct or
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ATTACHMENT 18-C (11)
indirect,in this Agreement;and the Subrecipient will take appropriate steps to assure
compliance.
The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR
570.611,which includes maintaining a written standard code of conduct that will govern
the performance of its officers,employees or agents engaged in the award and
administration of contracts supported by Federal funds.
The Subrecipient covenants that its employees have no interest and will not acquire
interest,direct or indirect,in the study area or any parcels therein or any other interest
which would conflict in any manner or degree with the performance of services
hereunder.The Subrecipient further covenants that in the performance of this
Agreement,no person having such interest will be employed.
3.Certification Regarding Debarment,Suspension,Ineligibilityand Voluntary Exclusion -
Lower Tier Covered Transactions
a.The lower tier contractor certifies,by signing this contract that neither it nor its
principals is presently debarred,suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participation in this transaction by any
Federal department or agency.
b.Where the lower tier contractor is unable to certify to any of the statements in this
contract,such contractor will attach an explanation to this contract.
D.Copyright
If 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.
E.Religious Activities
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
If 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
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ATTACHMENT 18-C (12)
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 -Insurance Requirements
EXHIBIT B -CDBG-CV Interagency Grant Agreement between Commerce and the CDBG-
CV grantee,Kittitas County,which includes the Scope of Work and Budget for the
projects
IN WITNESS WHEREOF,the Local Government and the Subrecipient have executed this Agreement as
of the date and year last written below.
KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY CHAMBER OF COMMERCE
KITTIT S COUNTY ASHING
Brett acismith,Chairman Amy McGuffin,Chie Executive Officer
ABSENT
Laura Osiadacz,Vice Chairman
C Wright,Commissioner
Jul K sýi dferk of the Board or
Ma d Blichholz,Deputy Clerk of the Board
Approved As To Form:
Attorney
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ATTACHMENT 18-C (13)
EXHIBIT"A"
The Contractor shall secure and maintain in effect at all times during performance of the Work suchinsuranceaswillprotectContractor,its Support and the Additional Insured's from all claims,Iosses,harm,costs,liabilities,damages and expenses arising out of personal injury (including death)or propertydamagethatmayresultfromperformanceoftheworkorthisAgreement,whether such performance isbyContractororanyofitsSupport.
All insurance shall be issued by companies admitted to do business in the State of Washington andhavearatingofA-,class VII or better in the most recently published edition of Best's Reports unlessotherwiseapprovedbytheCounty.If an insurer is not admitted,all insurance policies and proceduresforissuingtheinsurancepoliciesmustcomplywithChapter48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
Commercial General Liability insurance
Coverage limits not less than:
•$5,000,000 per occurrence
•$1,000,000 per occurrence liquor liability
•$1,000,000 products &completed operations aggregate
•$1,000,000 personal and advertising injury,each offense
•Certificate Holder -Kittitas County
•The Certificate must name the County as additional insured
•Sixty (60)days written notice to the County of cancellation of the insurance policy
Commercial Automobile Liability insurance
Automobile Liability for owned,non-owned,hired,and leased vehicles (MCS90 endorsementandaCA9946endorsementmustbeattachedif'pollutants'are to be transported)•Coverage limits not less than:
•$1,000,000 combined single limit
•Thirty (30)days written notice to the County of cancellationoftheinsurancepolicy.
Additional Coverage May Be Required:
Workers'Compensation
Workers'Compensation in amounts required by law
Stop Gap/EmpÌoyers Liability
Coverage limits not less than:
•$1,000,000 each accident
•$1,000,000 disease ---policy limit
•$1,000,000 disease -each employee
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ATTACHMENT 18-C (14)
•Thirty (30)days written notice to the County of cancellationoftheinsurancepolicy.
Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providing professional servicesshallprovideevidenceofProfessionalLiabilityInsurancecoveringprofessionalerrorsandomissions.Such policy must provide the following minimum limits:
•$1,000,000 per claim
•$2,000,000 annual aggregate
•If insurance is on a claims-made form,its retroactive date,and that of all subsequentrenewals,shall be no later than the effective date of this Contractor shall furnish the countyaCertificateofinsurancetoincludethePolicyEndorsements/Exclusions as evidence thatpoliciesprovidinginsurancerequiredbythisAgreementareinfullforceandeffect.Contractor hereby waives all rights of recourse,including any right to which another may besubrogated,against Kittitas County for personal injury,including death,and propertydamage.Contractor's insurance policies required above shall be primary insurance and shallbenon-contributing with any other insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to anytools,Contractor's employee-owned tools,machinery,equipment,or motor vehicles owned or rentedbytheContractor,or the Contractor's agents,suppliers or contractors as well as to any temporarystructures,scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required areobtainedbysubcontractors.
NOTE:No contract shall form until and unless a copy of the Certificate of Insurance withEndorsements/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 theAgreementshallbeconsideredamaterialbreachofcontractandcauseforimmediateterminationoftheAgreementattheCounty's discretion.Alternatively,the County may procure and maintain,at theContractor's sole expense,insurance to the extent deemed proper up to the amount of the requiredcoverage(s).The County may offset the cost of such insurance against payment due to the ContractorunderthisAgreement.
Revised 1/25/2021
Contract Page 015 Page 14 of 14
EXHIBIT B
Washington StateDepartmentof%#Commerce
Interagency Grant Agreernent with
Kittitas County
through
CommunityDevelopmentBlock Grant Program
CDBG -Coronavirus (CDBG-CV1)
For
Activities to prevent,prepare for,and respond to coronavirus inpartnershipwithlocalserviceprovidersfortheCDBG-CV1consortiumarea.
Start date:3/27/2020
Contract Page 016
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
A RESOLUTION AUTHORizlNGTHE EXECUTION OF AN
INTERAGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE FORCOMMUNITYDEVELOPMENTBLOCKGRANT-CORONAVIRUS (CDBG-CV-1)PROGRAM
CONTRACT #20-6221C-115
RESOLUTION NO.2021-
WHEREAS,Chapters 39.33 and 39.34 RCW,the Interlocal Cooperation Act,authorizespublicagenciestoenterintoagreementsformutuallyadvantageousjointorcooperativeaction;and
WHEREAS,Kittitas County and Washington State Department of Commerce are publicagencieswithinthemeaningofchapters39.33 and 39.34 RCW;and
WHEREAS,Kittitas County and Washington State Department of Commerce will enterintotheagreementtofundtheCostsincurredfortheActivitiestoprevent,prepare for,andrespondtocoronavirusinpartnershipwithlocalserviceprovidersfortheCDBG-CV1consortiumarea.in Kittitas County for the period of March 27,2020 thru January 31,2023.
NOW,THEREFORE,BE IT RESOLVED,the Kittitas County Board of County CommissionersauthorizestheexecutionoftheInteragencyAgreementwithwashingtonStateDepartmentofCommerce,attached hereto,and incorporated herein by this reference.
APPROVED,this 2ND day Of March 2021,at EIIensburg,Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY SHINGT
Brett,Sachsmith Chairman
ABSENT
.Cory Wright,Commissioner
L
Clerk of the BÉbrd
Contract Page 017
TABLE OF CONTENTS
Special Terms and Conditions
1.Definitions
...........................
.........,................12.Authority
.......................................................
...........................13.Acknowledgement of Federal Funding................................................14.Acquisition And Disposition Of Assets.......................................................15.Audit......................,,..................
.........................
..................
........................26.Billing Procedures and Payment............,.....
..........................
..............................27.Closeout....,...,........................................................................
................,.......38.Compensatlon.............,.................
............................39.Debarment ............................,....
.....................................310.Environmental Review ....
...............
.......................................411.Indirect Costs........,..........................................512.Grant Management .......................,...........
.........................513.Historical Or Cultural Artifacts,Human Remains ........................514.Insurance .........................................
............
....................515.Laws..,,....................,................
...................
.................516.Performance Reporting..........................
...........,....51TPogramIncome.................,.............
.............-.518.Prohibition on Certain Funds Transfers..,.................................619.Subcontractor Data Collection ..................................620.Subcontracts for Engineering Services,.........................................621.Order of Precedence.................................................6
General Terms and Conditlons
1.Definitions ......,..............
............................,................................72.All Writings Contained Herein.......................................................73.Amendments.,.........................................74,Asslgnment......................
.......................................75.Confidentiality and Safeguarding of Information..,.76.Copyright...........................................
........................87.Disputes...............................................................88.GoverningLawandVenue.........
........................89.Indemnification.....................................................810Licensing,Accreditation and Registration ...........611.Recapture ...........................,....................912.Records Maintenance....................
.......
.913.Savings ..............................................
.914.Severability...........................................................915.Subcontracting........,.............
......................916,Survival .............................................................,.................1017.Termination for Cause ................................................1018.Termination for Convenience.................1019.Termination Procedures ...................................................1020.Treatment of Assete.....,.......,,,..................................1121.Waiver.............................................................................11
Attachment A,Scope of Work and Budget
Attachment B,Letter to Incur Costs
li
Contract Page 018
FACE SHEET
Contract Number:20-62210-115
Washington State Department of Commerce
Local Government Division
Community Assistance and Research UnitCDBG-Coronavirus (CDBG-CV1)
1.Grantee 2.Grantee Doing Business As (optional)
Kittitas County NA205W5thAve,Suite 108
EIIensburg,Washington 98926
3.Grantee Representative 4.COMMERCE Representative
Brett Wachsmith,Kittitas County Commissioner,District #3 Genny Matteson,Project Manager Address:Phone:509,962.7508 Phone:(360)725-3093 PO Box 42525Email:brett.wachsmith.co@ca.kittitas.wa.us Fax:(360)586-8440 101I Plum Street SE
Genny.matteson@commerce.wa.gov Olympia,WA 98504
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date$292,364 Federal:State:O Other:O N/A:O 3/27/2020 1/31/2023
9.Federal Funds (as applicable)Federal Agency:CFDA Number:Indirect Rate (if applicable):
$292,364 U.S.Department of Housing 14.228 N/AAndUrbanDevelopment
(IIUD)
10.Tax ID #11.SWV #12.UBI #13.DUNS #91-6001349 0010475-00 192002673 010202547
14.Grant Purpose
Activities to prevent,prepare for,and respond to coronavirus in partnership with local service providers for the CDBG-CVIconsortiumarea.A full description ofthe project is in Attachment "A"Scope of Work and Budget.
15.Signing Statement
COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of thisGrantandAttachmentsandhaveexecutedthisGrantonthedatebelowtostartasofthedateandyearreferencedaboveandwarranttheyareauthorizedtobindtheirrespectiveagencies.The rights and obligations of both parties to this Grant are governed by this Grantandthefollowingdocumentsherebyincorporatedbyreference:Grant Terms and Conditions including Attachment "A"-Scope ofWorkandBudget,Attachment "B"-Letter to Incur Costs (if appr le),and the following documents incorporated herein byreference:Grantee's application for funding and the Communitv nent Block Grant policies and procedures,prepared byCommcroe.
FOR GRANTEE
.COMMERCE
Th on b c11 Wachsmith,Mark .:Kley,Assistiu t DirectorKittitasCountyCommissioner,D trict #3 Local Go ni ni D
Date
APPROVED AS TO FORM ONLY BY ASSISTANTATTORNEVGENERAL07/17/2019.APPROVAL ON FILE.
iii
Contract Page 019
SPEClAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENTFEDERALFUNDS
1.DEFINITIONS
A."Contractor"and "Grantee"in thie Grant,and the term "subrecipient"found in the federalCommunityDevelopmentBlockGrant(CDBG)rules and regulations,shall mean the same.B.Community Development Block Grant -Coronavirus Response (CDBG-CV)grants are funded bytheCoronavirusAid,Relief,and Economic Security (CARES)Act,C."Low-and moderate-income"shall mean a household income equal to or less than 80 percent ofareamedianincomeadjustedbyfamilysize.D."Subgrantee/Subcontract"shall mean one not în the employment of the Grantee,who isperformingallorpartofthoseservicesunderthisGrantunderaseparateGrantwiththe Grantee.The terms "subgrantee"and 'subcontractors"mean subcontractor(s)in any tier.E."Subrecipfent"shall mean a non-federal entity that expends federal awards receiveci from a pass-through entity to carry out a federal program,but does not include an Individual that Is abeneficiaryofsuchaprogram,it also excludes vendors that receive federal funds in exchange forgoodsand/or services in the course of normal trade or commerce.
2.AUTHORITY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the InterlocalCooperationAct,Chapter 39.34 RCW.
3.ACKNOWLEDGMENT OF FEDERAL FUNDS
Federal Award Date:July 14,2020FederalAwardIdentificationNumber (FAIN):B-20-DW-53-0001Totalamountofthefederalaward:$7,720.363Awardingofficial:John W.Peters,HUD CPD Director
The Grantee agrees that any publications (Written,vlsual,or sound)but excluding press releases,newsletters,and issue analyses,issued by the Grantes descrlbing programs or projects funded inwholeorInpartwithfederalfundaunderthisContract,shall contain the following statements:
"This project was supported by Grant No.B-20-DW-53-0001 awarded by the U.S.Department of Housing and Urban Development (HUD),Points of view in this documentarethoseoftheauthoranddonotnecessarilyrepresenttheofficialposltionorpoliclesofHUD.Grant funds are administered by the Community Development Block Grant Program,Washington State Department of Commerce".
4.ACQUISITION AND DlSPOSITION OF ASSETS
The Grantee will account for any tangible personal property acquired or improved with this Grant.The use and disposition of reat property and equipment under this Grant will be in compliance with therequirementsofallapplicablefederallawandregulation,including but not limited to 24 CFR Part 84and24CFRPart570.489,670.502,570.503,570.504,and 570.505 as applicable,which include but arenotIlmitedtothefollowing:
Real property that was acquired or improved.In whole or in part,with funds under tNs Grant in excessof$25,000 shall be used to meet one of the CDBG nallonal objectives for ten (10)years after the Grantisclosed.Any exception must be made with COMMERCE approval and the Grantee will be responsibletopayCOMMERCEanamountequaltothecurrentfairmarketvalueofthepropertylessanyportionofthevalueattributabletoexpendituresofnortCDSGfundeforacquisitionoforimprovementtotheproperty.Such payment from the disposition of real property acquired with tNs Grant withIn ten (10)years of closeout of the Grant shall be treated as CDBG Program Income,
in cases in which equipment acquired in whole or in part with funds under this Grant is sold,theproceedswillbeCDBGProgramincome.
State of WasNngton Interagency Grant AgreementDepartmentofCommerce
Pa08 i
Contract Page 020
SPECIAL TERMS AND CONDITIONSINTERAGENCYGRANTAGREEMENT
FEDERAL FUNDS
1.AUDIT
li ihe Grantee Is a subrecipient and expends $760,000 or more in federal awards from any and/or allsourcesinanyfiscalyear,the Grantee shall procure and pay for a single audit or a program-specificauditforthatfiscalyearUponcompleUonofeachaudit,the Grantee shall:
A.Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,reporte required by the prograrri-specificaudit guide (if applicabie),and a copy of any managernentlettersissuedbytheauditor.
B.Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or allsourcesinanyfiscalyear,the Grantee shall notify COMMERCE they did not meet the single auditrequirement
The Grantee shall send all single audit documentation to auditreview@commerce.wa.gov.
2.BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completedinvoices,which shall be submitted to the Representative for COMMERCE Representative on aWashingtonStateinvoiceVoucherformnotmoreoftenthanmonthly.
The invoices shall describe and document,to COMMERCE's satisfaction,a descriptfon of the workperformed,the progress of the project,and fees,The invoice shall include the Contract NumberIdentifiedontheFaceSheetofthisGranLIfexpensesareinvoiced,provlde a detailed breakdown ofeachtype.
Payment shall be considered timely if made by COMMERCE within thirty (30)calendar days afterreceiptofproperlycompletedInvoices.Payment shall be sent to the address designated by theGrantee.
COMMERCE may,in its sole discretion,terminate the Grant or withhold payments claimed by theGranteeforservicesrenderediftheGranteefailstosatisfactorilycomplywithanytermorconditionofthisGrant,including completion of the Environmental Review and the release of funds (if applicable)No payments in advance or in anticipation of services or supplies to be provided under this Grant shallbemadebyCOMMERCE,
COMMERCE shall not release the final five (5)percent of the total grant amount until acceptance byCOMMERCEofprojectcompletion.
Invoices and End of Fiscal Year
The grantee must invoice end of state fiscal year final invoices for all expenses from the beginning ofthecontractthroughJune30,regardless of the contract start and end date.Commerce will providenotificationoftheendoffiscalyearduedate,
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services perfonned under this Agreement,and COMMERCEshallnotpaytheGrantee,if the Grantee is entitled to payment or has been or will be paid by any othersource,including grants,for that service.
Preverg Dypilcation of Benefit
The CARES Act provides that there are adequate procedures in place to prevent any duplication ofbenefitasrequiredbysection312oftheRobertT.Stafford Disaster Relief and Emergency AssistanceAct(42 U.S.C.5155),as amended by section 1210 of the Disaster Recovery Reform Act of 2018(divlslon D of Pub\lc Law 115~254;132 Stat.3442).HUD requires each Grantee (and subreciplent)have procedures to prevent the duplication of benefits when it provides financial assistance with COBG-CV funds.Federal disaster law prohibits the provision of federal assistance in excess of need.Beforepayingacostwithfederaldisasterassistance,the Grantee (and subrecipient)must check to see thattheassistancewillnotcauseaduplicationofbenefits,meaning that the cost has not or will not be paid
State af Washington interagency Grant AgreementDepartmentofCommerce
Page 2
Contract Page 021
SPECIAL TERMS AND CONDITIONSINTERAGENCYGRANTAGREEMENT
FEDERAL FUNDS
by another source.Any person or entity (including subrecipients)receiving CDBG-CV asslutance mustagreetorepayassistancethatisdeterminedtobeduplicative;and to assess whether the use of COBGCVfundswillduplicatefinancialassistancealreadyreceivedorislikelytobereceivedbyactingreasonably,Grantees (and subreclpients)must have a method to evaluate need and the resourcesavailabletomeetthatneed.
Disallowed co e
The Grantee ls responsible for any audit exceptions or disallowed costs incurred by Its own organizationorthatofitssubcontractors/subrecipient
3.CLOSEOUT
COMMERCE will advise the Grantee to initiate closeout procedures when there are no impediments toclosingandthefollowingcriteriahavebeenmetorsoonwillbemet:
A.AH costs have been incurred with the exception of closeout costs and any unsettled third-partyclaimsagainsttheGrantee.Costs are incurred when goods and services are received or contractworkisperformed.
B.The Grantee has held a public hearing to review program performance,C.The Grantee has submitted the Contract Closecut Report.Failure to submit a report will notprecludeCOMMERCEfromeffectingclosecutifitisdeemedtobeinthestate's interest AnyexcessgrantamountintheGrantee's possession shaft be retumed in the event of failure to finishorupdatethereport
D.Other responsibilities of the Grantee under this Grant and applicable laws and regulatlons appeartohavebeencarriedoutsatisfactorilyorthereisnofurtherstateInterestinkeepingthisGrantopenforthepurposeofsecuringperformance.
4.COMPENSATION
COMMERCE shall pay an amount not to exceed the amount Identified on the Face Sheet of this Grantfortheperformanceofa!!things necessary for or incidental to the performance of work as set forth inAttachmentA,Scope of Work and Budget incorporated herein,and by reference the Grantee'sapplicationforfunding.
Grantee shall receive reimbursement for travel and other expenses as authorized in advance byCOMMERCEasreimbursable.Grantee shall receive compensation for travel expenses at current statetravelreimbursementrates
5.DEBARMENT
A.Grantee,defined as the primary participant and it principars,certifíes by signing these GeneralTermsandConditionsthattothebestofitsknowledgeandbeliefthatthey:
i.Are not presently debarred,suspended,proposed for deberment,declared ineligible,orvoluntarilyexcludedfromcoveredtransactionsbyanyFederaldepartmentoragency.
li.Have not within a three-year period preceding this Grant,been convicted of or had a civiljudgmentrenderedagainstthemforcommissionoffraudoracriminaloffenseinconnectionwithobtaining,ettempling to obtain,or performing a public or private agreementortransaction,violation of Federal or State antitrust statutes or commission ofembezzlement,theft,forgery,bribery,falsification or destructíon of records,making falsestatements,tax evasion,receiving stolen property,making false claíms,or obstruction ofjustice;
iii.Are not presently indicted for or otherwise criminally or civilly chanjed by a govemmentalentity(Federal,State,or local)with commission of any of the offenses enumerated inparagraph(1)(b)of federal Executive Order 12549;and
Iv.Have not within a three-year period preceding the signing of this Grant had one or morepublictransactions(Federal,State,or local)terminated for cause of default.
State of Washington Interagency Grant AgreementDepartmentofCommerce
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Contract Page 022
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
B.Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shallattachanexplanationtothisGrant.
C.The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier coveredtransactionwithapersonwhoisdebarred,suspended,declared ineligible,or voluntarily excludedfromparticipationinthiscoveredtransaction,unless authorized by COMMERCE.
D.The Grantee further agrees by signing this Grant that it will include the clause tilled "CertificationRegardingDebarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier CoveredTransaction,"as follows,without modification,in all lower tier covered transactions and in affsolicitationsforlowertiercoveredtransactions:
LOWER TIER COVERED TRANSACTIONS
a.The lower tier Grantee certifies,by signing this Grant that neither it nor its prlocipals ispresentlydebarred,suspended,proposed for debarment,declared inellgible,or voluntarilyexcludedfromparticipationInthistransactionbyanyFederaldepartmentoragency.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 transaction,debarred,suspended,Ineligible,Iower tier coveredtransaction,person,primary covered transaction,principal,and voluntarily excluded,asusedInthissection,have the meanings set out in the Definitions and Coverage sections of therulesImplementingExecutiveOrder12549.You may contact COMMERCE for assistance inobtainingacopyoftheseregulations.
6.ENVIRONMENTAL REVIEW
General Purpose,Housing Enhancement,and Economic Opportunlty GrantsFundinginexcessoftheamountstipulatedinAttachmentB,Letter to Incur Costs,shall not bereleasedtoaGranteebyCOMMERCEuntilthefollowingconditionsimplementing24CFRpart58aremet:
A.The Grantee must complete an environmental review of the project and make a finding ofenvironmentalimpact.A notice of this finding must be published along with a notice of the Grantee'sintenttorequestreleaseoffundsfortheprojectunlesstheprojectIsexemptfromthepublicatlonrequirementsasdescribed.The Grantee must allow a seven (7)or fifteen (15)day period for publicreviewandcommentfollowingpublicationofthenoticesunlessexemptundertheNationalEnvironmentalPolicyAct(NEPA)and the Washington State Environmental Policy Act (SEPA).When this review and comment period expires,the Grantee may,after considering any commentsreceived,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.WhenCOMMERCE's public review and comment period expires,COMMERCE may,after coneideringanycornmentsreceived,formally notify the Grantee in writing of the release of federal funds for theproject,
B.This special condition is satisfied when the Grantee completes the environmental review andrequestforreleaseoffundsfromCOMMERCE.The special condition is effectively removed on thedateCOMMERCEprovidestheGranteewithwrittennoticeofreleaseoffunds.
MicroenterpriseAssistance,Planning-Only and Public Services ActivitiesFundingshallnotbereleasedtoaPlanning-Only Acilvlties or Public Services Actlvltles recipfent untilthefollowingconditionsaremet:The Grantee assures that assisted activities are exempt under NEPA(24 CFR 58.34)and categorically exempt under SEPA (RCW 43.210.110).The Grantee furtherassuresthattheactivitiesdonotcomeunderthepurviewofanyotherfederal,state,and known localenvironmentallaws,statutes,regulations or execut1ve orders.In addition,the Grantee assures it willdocument,in writing,its determination that each activity or project is exempt and meets the conditionsspecifiedforsuchexemptionunderNEPA(24 CFR 58.34(3))(for Planning-Only)or 58.34(4)(for PublicServices)and (SEPA)WAC 197-11-800.
State of Washington Interagency Grant AgreementDepartmentofCommerce Page 4
Contract Page 023
SPECIAL TERMS AND CONDITIONSINTERAGENCYGRANTAGREEMENT
FEDERAL FUNDS
7.INDIRECT COSTS
The Grantee shall provide their indirect cost rate that has been negotiated between their entity and thefederalgovemmentIfnosuchrateexistsademinimisindirectcostrateof10%of modified total directcosts(MTDC)Will be used.
8.GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person forallcommunicationsandbillingsregardingtheperformanceofthisGrant.
The Representative for COMMERCE and their contact information are identified on the Face SheetofthisGrant.
The Representative for the Grantee and their contact information are Identified on the Face SheetofthisGrani.
9.HISTORICAL OR CULTURAL ARTIFACTScHUMAN REMAINS
In the event that historical or cultural artifacts are discovered at the project site during construction orrehabilitation,the Grantee shan immediately stop construction and ttotify the 10cal historicalpreservationofficerandthestatehistoricpreservationofficerattheDepartmerrtofArchaeologyandHistoricPreseivation(DAHP)at (360)688-3065.If human remains are discovered,the Grantee shallstopwork,report the presence and location of the remains to the coroner and local law enforcementimmedlately,and contact DAHP and the concerned tribe's cultural staff or committee.
10.INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liabilityprogram,and shall be responsible for losses for which it is found liable.
11.LAWS
The Grantee shall comply with all applicable laws,ordinances,codes,regulations,and policies of local,state,and federal governments,as now or hereafter amended,including,
a Housing and Community Development (HCD)Act of 1974.
•CDBG regulations in 24 CFR Part 670.
•2 CFR 200.
•Coronavirus Ald,Relief,and Economic Security Act (CARES Act),Public Law PL 116-136.•Notice of Program Rules,Walvers,and Alternative Requirements Under the CARES Act forCommunityDevelopmentBlockGrantProgramCoronavirusResponseGrant,Fiscal Year2019and2020CommunityDevelopmentBlockGrants,and for other Formula Programs,Docket No,FR-6218-N-01.
12.PERFORMANCE REPORTING
The Grantee,at such times and in such forms as COMMERCE may require,shall furnish periodicprogressandperformancereportsperialningtotheactivitiesundertakenpursuanttothisGrant.Thesereportsmayincludeenvironmentalreviewrecords,publication affidavits,procurement and contractingrecords.documentation of compilance with federal civil rights requirements,lob creation records,program income reports,reports of the costs and obligations Incurred In connection therewith,the finalcloseoutreport,and any other matters covered by this Grant.Activities funded by this Grant providingIncomesualifieddirectassistancecrdirectservicesunderthelimitedclientele,housing,or job creationCDBGNationalObjectives,must submit quarterly beneficlary reports as furnished by COMMERCE.Fallure to submit these reports may result in COMMERCE withholding payment or terminating thisGrant.
13.PROGRAM INCOME
Program income,as defined in 24 CFR 570.489(e),retains federal identity and wiff be used inaccordancewithCOBG-CV requirements.The Grantee must maintain records of program incomereceivedandexpended,and annually report program income received after closecut of this GranL
State of Washington Interagency Grant AgreementDepanmentofcommen:e Page 5
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SPECIAL TERMS AND CONDITIONS
INTERAGENCYGRANT AGREEMENT
FEDERAL FUNDS
Program Income shall be used to continue the same activities to benefit low-and moderate-incomepersonsor,with COMMERCE approval,for other activities to benefit low-and moderate-incomepersons.Interest eamed in excess of $100 on CDBG funds received to reimburse incurred costs mustberemittedtoCOMMERCEforreturntotheU.S.Treasury.
K PROHIBITION ON CERTAIN FUNDS TRANSFERS
The Grantee that directly or indirectly receives CDBG-CV funds may not sell,trade,or otherwisetransferalloranysuchpotionofsuchfundstoanothersuchentityinexchangeforanyotherfunds,credits or non-Federal consideration,but must use such funds for activities eligible under title I of theHCDActorpermittedbywaiverandalternativerequirementsthatapplytotheuseofCDBG-CV funds.
15.SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports,in a form and format to be provided by Commerce and at intervals asagreedbytheparties,regarding work under this Grant performed by subcontractors and the portion offundsexpendedforworkperformedbysubcontractors,including but not necessarily limited to minority-owned,woman-owned,and veteran-owned business subcontractors.'Subcontractors"shall meansubcontractorsofanytier.
16.SUBCONTRACTS FOR ENGINEERING SERVICES
Engineering firms must certify that they are authorized to do business in the state of Washington andareinfullcompliancewiththerequirementsoftheBoardofProfessionalRegistration.The GranteeShallrequirethatengineeringservicesprovidersbecoveredbyerrorsandomissionsinsurance.Theengineeringfirmshallmaintainminimumlimitsofnolessthan$1,000,000 per occurrence to cover allactivitiesbytheengineeringfirmandlicensedstaffemployedorundercontracttotheengineeringfirm.The state of Washington,its agents,officers,and employees need not be named as additional insuredsunderthispalley,
17.ORDER OF PREGEDENCE
In the event of an inconsistency in this Grant,the inconsistency shall be resolved by givingprecedenceinthefollowingorder:
•Applicable federal and state of Washington statutes and regulations
•Special Terms and Conditions
•General Terms and Conditions
•Attachment A -Scope of Work and Budget
•Attachment B -Letter to incur Cost,if applicabfe
•Grantee's application for funding and the Community Development Block Grant policies andprocedures,prepared by Commerce as incorporated by reference on the Face Sheet
State of Washington Interagency Grant AgreementDepartmentofCommerce Page 6
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GENERAL TERMS AND CONDIT10NSINTERAGENCYGRANTAGREEMENT
FEDERAL FUNDS
L DEFINITIONS
As used throughout this Grant,the following terms shall have the meaning set forth below:
A."Authorized Representative"shall mean the Director and/or the designee authorlzed in writing toactontheDirector's behalf.
B."COMMERCE"shall mean the Department of Commerce.
C."Grant"or "Agreement"means the entim written agreement between COMMERCE and theGrantee,including any attachments,documents,or materials incorporated by reference.E-mail orfacsimiletransmissionofasignedcopyofthisGrantshallbethesameasdeliveryofanoriginal.
D."Grantee"shall mean the entity identified on the face sheet performing service(s)under this Grant,and shall include all employees and agents of the Grantee.
E."Personal Information"shall mean information identifiable to any person,including,but not limitedto,information that relates to a person's name,health,finances,education,business,use or receiptofgovemmentalservicesorotheractivities,addresses,telephone numbers,social securitynumbers,driver license numbers,other identlfying numbers,and any financlaf Identifiers.
F."State"shall mean the state of Washington.
G."Subgrantee/Subcontract"shall mean one not in the employment of the Grant,who is performingallorpartofthoseservicesunderthisGrantunderaseparateGrantwiththeContractor.Theterms"subgrantee"and "subcontractors"mean subcontractor(s)in any tier.
2.ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties.No other understandings,oral or otherwise,regarding the sugact matter of this Grant shall be deemed to exist or to bind any ofthepartieshereto.
3.AMENDMENTS
This Grant may be amended by mutual agreement of the parties.Such amendments shall not bebindingunlesstheyareinwritingandsignedbypersonnelauthorizedtobindeachoftheparties.
4.ASSIGNMENT
Neither this Grant,work thereunder,nor any claim arising under this Grant,shall be transferred orassignedbytheGranteewithoutpriorwrittenconsentofCOMMERCE.
5.CONFIDENTIALITYAND SAFEGUARDING OF INFORMATION
A."Confidential Informatiorf as used in this section Includes:
i.All material provided to the Grantee by COMMERCE that is designated as "confidential"byCOMMERCE;
II.All material produced by the Grantee that is designated as "confidential"by COMMERCE,and
iii.All personal information in the possession of the Grantee that may not be disclosed under stateorfederallaw.
B.The Grantee shall comply with all state and federal laws related to the use,sharing,transfer,sale,or disclosure of Confidential informahon.The Grantee shall use Confidential Information solely forthepurposesofthisGrantandshallnotuse,share,transfer,sell or disclose any ConfidentialInformationtoanythirdpartyexceptwiththepriorwrittenconsentofCOMMERCEorasmayberequiredbylaw.The Grantee shall take all necessary steps to assure 1hat Confidential Informationissafeguardedtopreventunauthorizeduse,sharing,transfer,sale or disclosure of Confidentialinformationorviolationofanystateorfederallawsrelatedthereto.Upon request,the Grantes shallprovideCOMMERCEWithitspoliciesandproceduresonconfidentiallty.COMMERCE may requirechangestosuchpoliciesandproceduresastheyapplytothisGrantwheneverCOMMERCEreasonablydeterminesthatchangesarenecessarytopreventunauthorizeddisclosures.The
State of Washington Interagency Grant AgreementDepartmentofCommerce
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GENERAL TERMS AND CONDITIONSINTERAGENCYGRANTAGREEMENT
FEDERAL FUNDS
Grantee shall make the changes within the time period specified by COMMERCE.Upon request,the Grantee shall immediately return to COMMERCE any Confidentlal Information thatCOMMERCEreasonablydetermineshasnotbeenadequatelyprotectedbytheGranteeagainstunauthorizeddisclosure,
C.Unauthorized Use or Disclosure.The Grant06 6hall notify COMMERCEwithln five (5)working daysofanyunauthorizeduseordisclosureofanyconfidentialinformation,and shall take necessarystepstomitigatetheharmfuleffectsofsuchuseordisclosure.
6.COPYRIGHT
Unless otherwise provided,all Materials produced under this Grant shall be considered "works for hire"as defined by the U.S.Copyright Att and shall be owned by COMMERCE.COMMERCE shall beconsideredtheauthorofsuchMaterials.In the event the Materials are not considered "works for hire"under the U.S.Copyright laws,the Grantee hereby Irrevocably assigns all right,title,and interest in allMaterials,including all intefiectual property rights,moral rights,and rights of publicity to COMMERCEeffectivefromthemomentofcreationofsuchMaterials.
"Matenals"means all items in any format and includes,but is not limited to,data,reports,documents,pamphlets,advertisements,books,magazines,surveys,studies,computer programs,filma,tapes,and/or sound reproductions.'Ownership"includes the right to copyright,patent,register and the abilitytotransfertheserights.
For Materials that are delivered under the Grant,but that incorporate pre-existing materials notproducedundertheGrant,the Grantee hereby grants to COMMERCE a nonexclusive,royalty-free,irrevocable license (with rights to sublicense to others)in such Materials to translate,reproduce,distribute,prepare derivative works,publicly perform,and publicly display.The Grantee warrants andrepresentsthattheGranteehasallrightsandpermissions,including intellectual property rights,moralrightsandrightsofpublicity,necessary to grant such a license to COMMERCE.
The Grantee shall exert aH reasonable effort to advise COMMERCE,at the time of delivery of MaterialsfurnishedunderthisGrantee,of all known or potential invasions of privacy contained therein and of anyportionofsuchdocumentwhichwasnotproducedintheperformanceofthisGranLTheGranteeshallprovideCOMMERCEwithpromptwrittennoticeofeachnoticeorclaimofinfringementreceivedbytheGranteewithrespecttoanyMaterialsdeliveredunderthisGrant.COMMERCE shall have the right tomodifyorremoveanyrestrictivemarkingsplacedupontheMaterialsbytheGrantee.
7.DISPUTES
In the event that a dispute arises under this Agreement,it shall be determined by a Dispute Board inthefollowingmanner:Each party to this Agreement shall appoint one member to the Dispute Board.The members so appointed shall jointly appoint an additional member to the Dispute Board.TheDisputeBoardshallrevlewthefacts,Agreement terms and applicable statutes and rules and make adeterminationofthedispute.The Dispute Board shall thereafter decide the dispute with the majorityprevailing.The determination of the Dispute Board shall be final and binding on the pattles hereto.Asanattemativetothisprocess,either of the parties may request intervention by the Governor,asprovidedbyRCW43.17.330,in which event the Govemor's process will controt
8.GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance wlth the laws of the state of Washington,and any applicable federal laws,and the venue of any action brought hereunder shall be In the SuperiorCourtforThurstonCounty,
9.INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees,officers,and agents.
10.LICENSINGxACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local,state,and federal licensing,accreditation andregistrationrequirementsorstandardsnecessaryfortheperformanceofthisGrant.
State of Washington Inleragency Grant AgreementDepartmemofCommerce
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GENERAL TERMS AND CONDITIONSINTERAGENCYGRANTAGREEMENTFEDERALFUNDS
11.RECAPTURE
in the event that the Grantee fails to perform this Grant in accordance with state laws,federal laws,andfor the provisions of this Grant,COMMERCE reserves the right to recapture funds in an amount tocompensateCOMMERCEforthenoncomplianceinadditiontoanyotherremediesavailableatlaworinequity.
Repayment by the Grantee of funds under this recepture provision shall occur within the time periodspecifiedbyCOMMERCE.In the altemative,COMMERCE may recapture such funds from paymentsdueunderthisGrantee.
12.RECORDS MAINTENANCE
The Grantee shall maintain books,records,documents,data and other evidence relating to thIs Grantandperformanceoftheservicesdescribedherein,including but not ilmited to accounting proceduresandpracticesthatsufficientlyandproperlyreflecta11directandindirectcostsofanynatureexpendedIntheperformanceofthisGrantee,
The Grantee shall retain such records for a period of six (6)years following the date of final paymentAtnoadditionalcost,these records,including materials generated under the Grant,shall be subject atallreasonabletimestoInspection,review or audit by COMMERCE,personnel duly authorized byCOMMERCE,the Office of the State Auditor,and federal end state officials so authorized by law,regulation or agreement
if any htigation,cIalm or audit is started before the expiration of the six (6)year period,the records shallberetaineduntilalllitigation,claims,or audif findings involving the records have been resolved,13.SAVINGS
in the event funding from state,federal,or other sources is withdrawn,reduced,or limited in any wayaftertheeffectivedateofthisGrantandpriortonormalcompletlon.COMMERCE may suspend orterminatetheGrantunderthe"Termination for Convenience"clause,without the ten calendar daynoticerequirementinlieuofterminaNon,the Grant may be amended to reflect the new fundingIlmitationsandconditions.
14.15EVERABILITY
The provisions of this Grant are intended to be severable.If any term or provision is lilegal or invalid foranyreasonwhatsoever,such illegality or Invalidity shall not affect the validity of the remainder of theGrant.
16.SUSGRANTINGISUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant If it obtains the prior writtenapprovalofCOMMERCE.
If COMMERCE approves subcontracting,the Grantee shall maintain written procedures related tosubcontracting,as weH 88 copies of SII subcontracts and records related to subcontracts.For cause,COMMERCE in writing may;(a)require the Grantee to amend Its subcontraellng procedures as theyrelatetothisGrant;(b}prohlbit the Grantee from subcontracting with a particular person or entity;or(c)require the Grantee to rescind or amend a subcontract.
Every subcontract shan bind the Subgrantee to follow all applicable terms of this Grant.The Grantee isresponsibletoCOMMERCEIftheSubgranteefallstocomplywithanyapplicabletermorconditionofthisGrant.The GrantBS 6had appropfÍately monitor the SClivilles of the Subgrantee to assure fiscaiconditionsofthisgrant.In no event shall the existence of a subcontract operate to release or reducetheliabilityoftheGranteetoCOMMERCEforanybreachintheperformanceoftheGrantee's duties.Every subcontract shall include a term that COMMERCE and the State of Washington are not liable forcialmsordamagesarisingfromaSubgrantee's performance of the subcontract
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GENERAL TERMS AND CONDITIONS
INTERAGENCYGRANT AGREEMENT
FEDERAL FUNDS
16.SURVIVAL
The terms,conditions,and warranties contained in this Grant that by their sense and context areintendedtosurvivethecompletionoftheperformance,cancellation or termination of this Grantee shallsosuMve.
17.TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grantinatimelymanner,COMMERCE has the right to suspend or terminate this Grant.Before suspendingorterminatingtheGrant,COMMERCE shall notify the Grantee in writing of the need to take correctiveaction.If corrective action is not taken within 30 calendar days,the Grant may be terminated orsuspended,
in the event of termination or suspension,the Grantee shall be llable for damages as authorlzed by lawIncluding,but not limited to,any cost difference between the original Grant and the replacement orcoverGrantandalladministrativecostsdirectlyrelatedtothereplacementcontract,e.g.,cost of thecompetitivebidding,mailing,advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant,withhold further payments,orprohibittheGranteefromincurringadditionalobligationsoffundsduringinvestigationoftheallegedcompliancebreachandpendingcorrectiveactionbytheGRANTEEoradecisionbyCOMMERCEtoterminatethegrant.A termination shall be deemed a "Termination for Convenience"if it is determinedthattheGrantee:(1)was not In default,or (2)failure to perform was outside of his or her control,faultornegligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are in addition toanyotherrightsandremediesprovidedbylaw.
18.TERMINATION FOR CONVEN!¾NCE
Except as otherwise provided in this Grant,COMMERCE may,by ten (10)business days written notice,beginning on the second day afler the mailing,terminate this Grant,in whole or in part.If this Grant issoterminated,COMMERCEshall be liable only for payment required under the terms of this Grant forservicesrenderedorgoodsdeliveredpriortotheeffectivedateoftermination.
19.TERMINATION PROCEDURES
Upon termination of this Grant,COMMERCE,in addWion to any other rights provided in this contract,may require the Grantee to deliver to COMMERCE any property specifically produced or acquired fortheperformanceofsuchpartofthisGrantashasbeenterminated.The provisions of the "Treatment ofAssets"clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price,if separately stated,for completed workandservicesacceptedbyCOMMERCE,and theamourit agreed upon by the Grantee and COMMERCEfor(t)completed work and sentices for which no separate price is stated,(ii)partially completed workandservices,(iil)other property or services that are accepted by COMMERCE,and (iv)the protectionandpreservationofproperty,unless the termination is for default,in which case the AuthorlzedRepresentativeshalldeterminetheextentofthellabilityofCOMMERCE.Fallure to agree with suchdeterminationshallbeadisputewithinthemeaningofthe"Disputes"clause of this Grant COMMERCEmaywithholdfromanyamountsduetheGranteesuchsumastheAuthorizedRepresentativedeterminestobenecessarytoprotectCOMMERCEagalnetpotentiallossorliability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are inadditiontoanyotherrightsandremediesprovidedbylaworunderthisGrant
After receipt of a notice of termination,and except as otherwise directed by the AuthorizedRepresentative,the Grantee shall:
A.Stop work under the Grant on the date,and to the extent specified,in the notice;
B.Place no further orders or subgrante/subcontracts for materials,servlees,or facilities except asmaybenecessaryforcompletionofsuchportionoftheworkundertheGrantthatisnotterminated;
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GENERAL TERMS AND CONDIT10NS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
C.Assign to COMMERCE,in the manner,at the times,and to the extent directed by the AuthorlzedRepresentative,all of the rights,litle,and interest of the Grantee under the ordem andsubgrants/subcontracts so terminated,in which case COMMERCE has the right,at íts discretion,to settle or pay any or all claims arising out of the termination of such orders andsubgrants/subcontracts;
D.Settle all outstanding liabilities and all claims arising out of such termination of orders andsubcontracts,with the approval or ratification of the Authorized Representative to the extent theAuthorizedRepresentativemayrequire,which approval or ratification shall be final for all thepurposesofthisclause;
E.Transfer title to COMMERCE and deliver in the manner,at the times,and to the extent directed bytheAuthorizedRepresentativeanypropertywhlch,If the Grant had been completed,would havebeenrequiredtobefurnishedtoCOMMERCE;
F.Complete performance of such pad of the work as shall not have been terminated by the AuthorizedRepresentative;and
G.Take such action as may be necessary,or as the Authorized Representative may direct,for theprotectionandpreservationofthepropertyrelatedtothisGrant,which is in the possesslon of theGranteeandinwhichtheAuthorizedRepresentativehasormayacquireaninterest.
20.TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE.Title to all propertyfurnishedbytheGrantee,for the cost of which the Grantee is ertilled to be reimbursed as a direct itemofcostunderthisGrant,shall pass to and vest in COMMERCE upon delivery of such property by theGrantee.Title to other property,the cost of which is reimbursable to the Grantee under this Grant,shallpasstoandvastinCOMMERCEupon(J)Issuance for use of such property in the performance of thisGrant,or (ii)commencement of use of such property In the performance of this Grant,or (iii)reimbursement of the cost thereof by COMMERCE in whole or in part,whichever first occurs.
A.Any property of COMMERCE furnished to the Grantee shall,unless otherwise provided herein orapprovedbyCOMMERCE,be used only for the performance of this Grant
B.The Grantee shall be responsible for any loss or damage to property of COMMERCE that resultsfromthenegligenceoftheGranteeorwhichresultsfromthefailureonthepartoftheGranteetomaintainandadministerthatpropertyinaccordancewithsoundmanagementpractices.
C.If any COMMERCE property is lost,destroyed or damaged,the Grantee shall immediately notifyCOMMERCEandshalltakeallreasonablestepstoprotectthepropertyfromfurtherdamage.
D.The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement uponcompletion,termination or cancellation of this Grant.
All reference to the Grantee under this clause shall also include Grantee's employees,agents orSubgrantees/Subcontractors.
21.WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Any waivershall not be construed to be a modification of the terms of this Grant unless stated to besuchinwritingandsignedbyAuthorizedRepresentativeofCOMMERCE.
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ATTACHMENTA-SCOPEOFWORKANDBUDGETGrantee:KittitasCountyContractNo.20-62210-115SectionA:ProjectDescription/DeliverableKittitasCountyisawardeda$292,364CDBG-CV1Grant.TheCountywillmaketheseCDBG-CV1fundsavailabletothefollowingfivenonprofits:KittitasCountyChamberofCommerce;HopeSource;CleElumDowntownAssociation;EllensburgDowntownAssociation,andtheEllensburgBusinessDevelopmentAuthority,asgrantsubrecipients.ThesefundswillresultinnewandincreasedCDBGeligiblepublicservicesandmicroenterpriseassistancefortheKittitasCountyCDBG-CV1consortiumservicearea.TheprojectwillprovideessentialassistancetostabilizeeligiblehouseholdsandmicroenterprisesimpactedbyCOVID-19andcreateeconomicopportunities.Totalprojectcostsareestimatedat$292,364.Foreligiblepublicservices,theprojectwillbenefitapproximately76personsannuallyandtargetservicestolimitedclientelewithprincipallylow-andmoderate-incomes,basedonaLMIhouseholdqualificationprocess.Foreligiblemicroenterprisebusinesses,theprojectwillbenefitapproximately13-20low-andmoderate-incomemicroenterprisebusinessesbasedonaLMtqualificationprocess,CDBG<Vfundedactivitieswillprevent,preparefor,andrespondtothecoronavirus.SectionB:ProjectActivities,MilestonesandBudgetCDBGBudgetBudgetProjectActivitiesPerformanceCodeAmount*Mustcompleteeachbulletedprojectactivitytomeetthecorrespondingmilestone.Milestones21AGeneral$0•ExecutegrantcontractwithCommerce.BeforefirstpaymentAdmin.•Verifysubrecipientsdonothaveanactiveexclusionrecordinthefederalawardsystem(SAM.gov),requestincludedocumentationintheCDBGfile,andsubmitacopytoCommerce.Establishsubrecipientagreementsthatincludeaquarterlybeneficiaryreportingrequirement.SubmitasignedcopytoCommerce.Establishadministrative,financial,reporting,andrecordkeepingsystems,includingasystemtopreventduplicationofbenefit.Paymentrequests:NotmorethanReviewsubrecipientreimbursementrequestsandprojectcostsandinvoicesagainstprojectbudgetandmonthlycontractstartdate-FirstpaymentrequestOncecostsareapproved,prepareandsubmitpaymentrequestandprojectstatusreporttoCommercE-within270daysfromDocumentreceiptofgrantfundsandreimbursementofeligiblecosts-contractexecutionsubmitaCDBGBeneficiaryReportwithin30daysofendofeachcalendarquarter.ByJan31,April30,July30.Oct31.Completeapplicablecivilrightsrequirements.PriortoCommerce'sconductanon-sitemonitoringofsubrecipientstoverifythegrantisusedaccordingtoCDBGon-sitemonitoringrequirementsandallcostsreimbursedareallowable.ResolveallmonitoringissueswithCDBG.BeforerequestingAccomplishallgrantactivities.final5%ofCOBGConductafinalpublichearingtoreviewprojectperformance.awardSubmitaCDBG-CVcontractCloseoutReport.ListCDBGexpendituresinyourannualScheduleofExpendituresofFederalAwardsandarrangeanauditBeforeaudit,withtheStateAuditor'sOfficetomeettheUniformGuidance(2CFRPart200).ContractPage031
SectionB:ProjectActivities,MilestonesandBudget(continued)CDBGBudgetBudgetProjectActivitiesPerformanceCodeAmount*Mustcompletaeachbulletedprojectactivitytomeetthecorrespondingmilestone.Milestones05Public$217,364•CompletetheenvironmentalreviewandprepareanenvironmentalreviewrecordincomplianceApprox.76LMISenrices:withNEPArequirementsforCDBG.personsreceive050=DevelopandestablishCDBG-CVprogram'spoliciesandprocedures,includingCDBGincomedirectservicesbySubsistencequalification,COVID-19impactverification,preventduplicationofbenefits,andbeneficiary1/31/2023Paymentsreportingrequirements.•DeliverthedirectservicesidentifiedintheCDBGapplicationthroughthesubrecipients.Ost•Allocateandmanagepublicservicesfundsasestablishedintheapprovedsubrecipientschildcareagreementandbudget,andpreventduplicationofbenefit.Services•MeettheCDBGnationalobjectiveofprincipallybenefitinglow-andmoderate-incomepersons.AccomplishHUD'soutcomeofincreasingtheavailabilityandaccessibilityofservicestoachieveHUD'sobjectiveofcreatingsuitablelivingenvironments.18CMicro-$75,000•CompletetheenvironmentalreviewandprepareanenvironmentalreviewrecordincomplianceBeforeprovidingenterpriseIwithNEPArequirementsforCDBGmicroenterpriseAssistance•DevelopandestablishCDBGmicroenterpriseassistanceprogram'spoliciesandprocedures,technicalandincludinggrant/loanterms,CDBGincomequalification,COVID-19impactverification,duplicationfinancialofbenefitprevention,andbeneficiaryreportingrequirements.assistance•Conductoutreachandmarketthemicroenterpriseassistanceprograms.Developandestablishfinancialmanagementsystemsfortrackingmicroenterpriseassistance,training,grantreceipts,andrepaymentsformicroenterpriseassistance.•Reviewandprocessapplicationsformicroenterpriseassistance;confirmCDBGeligibility.Beforeexecutinga=Completesecondtierenvironmentalreviewforactivitiesasneeded.microenterprise=Providemicroenterprisetrainingandtechnicalassistance.assistance•Approvemicroenterpriseassistanceagreements.agreement.ExecutemicroenterpriseassistanceagreementstoapprovedCDBGeligiblemicroenterprises.CompleteeachMonitorprogramprogress,contractorperformance,andcompliancewithapplicablefederalandmicroenterprisestateregulations,assistanceMaintainacompleterecordforeachmicroenterpriseassistanceagreement.MeettheCDBGnationalobjectiveofprincipallybenefitinglow-andmoderate-incomepersons.Approx.13-20LMIAccomplishHUD'soutcomeofincreasingtheavailability/accessibilityofmicroenterprisemicroenterprisetechnicalandfinancialassistancetocreateeconomicopportunitiesandrespondtoCOVID-19ownersreceiveeconomicimpacts.assistancebyi1/31/2023TOTAL:$292,364ContractPage032
STATE OF WASHINGTON
DEPARTMENTOF COMMERCE
1001 Plum Street SE •PO Box 42525 ·Olympia,Washington 98504-2525 •(360)725-4000
www.commerce.wa.gov
October 22,2020
The HonorableBrett Wachsmith
Kittilas County Commissioner,District #3
205 W 5th Ave,Suite 108
Ellensburg,WA 98926
Dear CommissionerWachsmith:
I am pleased to inform you that Commerce has awarded Kittitas County up $292,364 in federal
Conununity DevelopmentBlock Grant -Coronavirus(CDBG-CV)funds.This award is based
on the jurisdiction's CDBG-CV1 application for activities to prevent,prepare for,and respond to
coronavirus in partnership wilh local service providers for the CDBG-CV1 consortium area.
Prior to grant contract execution,this letter allows you to begin incurring costs not to exceed ten
percent of your award as of March 27,2020,for only the following activities:
•Administration including documented staffmg,travel and training
•Pre-applicationcosts,such as public hearing notices and documented staffing and time
for the CDBG-CV1 consortium building and application
•Review of environmentallaws and authorities,including Section 106 of the National
Historio preservationAct of 1996
•Preliminary engineering design work and consultations needed for the environmental
review
•Subrecipient agreements or professional service contracts for any of the above activities
A CDBG subrecipient agreement,for use if you pass these funds through to a service provider toimplementthegrant,is available in Section 18 of the CDBG Management Handbook,which is
available electronically at www.commerce.wa.gov/cdbgand here.
CDBG procurementrequirements must be followed before hiring professional services or
contractors to be fimded by this CDBG award.These requirements are in Sections 5 and 7 of the
CDBG Management Handbook.
CDBG-specific compliance with the National Environmental Policy Act (NEPA)must be
completed before any construction bid advertisingor property acquisition activity can occur.
These procedures are described in Section 6 of the CDBG ManagementHandbook.
Contract Page 033
The HonorableBrett Wachemith
October 22,2020
Page 2
Eligible costs will be reimbursed by Commerce after your grant contract with Commerce isexecutedandtheNEPAenvironmentalreviewiscomplete(see enclosure for furtherexplanation).
All costs to be reimbursed must comply with applicable state and federal requirements.Additional CDBG-CVI implementationguidance is availableon the CDBG-CV website hueandforthcoming.
The jurisdiction must have an active and unexpired Dun and Bradstreet Numbering System(DUNS)in the System for Award Management (SAM)to avoid delays in the disbursement offunds.Grantees are required to maintain an active SAM registration for the duration of theircontractbyre-activating their DUNS number annually at the following website:https;//www.sam.gov/SAM/.
If your project is not ready to proceed,resulting in the contract's execution being delayed over90daysfromthedateofthisletter,the CDBG-CV1 award may be rescinded.
Your contract manager will be contacting you to develop the grant contract.Until thon,if you have anyquestions,please contact Kaaren Roe at 360.725.3018 or kuuren.roc commerce.wa.u,ov.
I congratulate you and others for your eff'orts thus far.We look forward to working with you to addresstheimpactsofCOVID-19 in your communities.
Sincerely,
Marl K.Barkley
Assistant !)irector
Enclosure
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TIMINGof CDBG FUNDING and NEPA RESTRICTIONS
Costs incurredprior to the CDBG award letter cannot be reimbursed by CDBG.Eligible costswillbereimbursedbyCommerceafteragrantcontracthasbeenformallyexecutedandtheCDBG-specific procedures under NEPA and SEPA are completed.Executing the grantcontractandcompletingtheenvironmentalreviewcanoccurconcurrently.
Unless the activity is exempt or categorically excluded and not subject to 24 CFR 58,5 underNEPA,the local governmentgrantee,subrecipients,contractors and all other participants may
not conunit CDBG.goon-CDBG fluids if the activity would have an adverse environmentalimpactorlimitthechoiceofreasonablealternatives.This restriction applies to activities as of
the date the CDBG program reçáv.gskp_gmit;1pillielion.Portions of preliminary designworkneededforcompletionoftheenvironmentalreviewareallowable.
Title 1 of the Housing and Corununity DevelopmentAct of 1974 as amended and theenvironmentalreviewproceduresfoundin24CFR58.22 apply to any activities as part ofaCDBGproject.The environmental review activities completed for other federal or statefundingcancontributetowardsbutnotentirelymeettheCDBG-specific procedure for NEPA
and SEPA.Section 6 of didliKI Management i landl×1ok providesfurther detail and thenecessaryCDBGforms.
Project Phase Restrictions on Eligible ActivitiesBeforeCDBGWiththeawardletter,the grantee can begin to incur costs up to 10%ofcontractisawardforthefollowingactivitieswhichdon't require an environmentalexecutedandreviewIFthegrantapplicationrequestedCDBGfimdingofthesecosts:environmental
review is Administration:Executing the CDBG contract.Establishingcompleteadministrative,fmancial,reporting,and record keeping systems,includingstaffing,travel and training.
Environmental Review:
Review of envirorunentallaws and authorities,including 24 CFR 58.5 and
Section 106 of the National Historic Preservation Act of 1996,such as:
•Consultation letters to affected tribes
•Cultural resource suivey
•Floodplain/wetlanddetermination
Prelminary engineering feasibility studies for the environmental assessment
such as surveying and geotechnical or geophysical analysis (excludingground-disturbingactivity of over one cubic sq.IL).
Subcontracting:Subrecipient agreements or professional service contractsforanyoftheaboveactivities.
Contract Page 035
All eligible costs will be reimbursed aller:After CDBG
1.The applicable level of environmentalæview is documented andcontractcomplete,and funds have been released (see environmentalreviewexecutionguidancebelow);
2.The subrecipient agreement is executed,if applicable;
3.Procurement requirements are met;and
4.Adequate back-up documentation is submitted with the payment
request.
To be eligible for CDBG funding,all costs must be allowable under federal
cost principles and CDBG regulations,and identified in grant application'sprojectbudgetastobefundedbyCDBG.
While The local govenmientgrantee must complete the applicableenvironmental.review procedures depending on the type of project:completmg
the 1.Activities (locumented by the grantee,and confirmed by Commerce,asenvironmentalexemptorCategoricallyExcludedandwithouLininnetto24CFR58.5reviewlaws,historical structures or culturally sensitive land may proceed withcommitmentofCDBGandnon-CDBG funds.
2.Activities that are Categorically Excluded and impact 24 CFR 58.5 laws,
or activities requiring an environmentalassessment and a Finding ofNon-Significance(FONSI),must be ektentae).iMI.appropriately with a
request for release of CDBG funds submitted to Commerce.
Only after the Commerce comment period is ended and limds are
relensed,may CDBG and non-CDBG funds be conunitted for activities
such as:
•Finalizing design and bid specifications
•Advertising for construction bids
•Property acquisition,including sales and purchase agreements
•Site Preparation
•Demolition
Section 6 ut the CDilG Management IInndhook provides further detailandthenecessaryCDBGformstocompletetheenvironmentalreview.
Contract Page 036
ATTACHMENT 6-G(1)
NEPADeterminationofExemption&
Determination of Categorical Exclusion (not subject to Section 58.5)Determination of activities per 24 CFR 58.34(a)and 58.35(b)
Local Government Name;Kittitas County Contract Number:20-6221€-115
Address:205 W 5**Ave Suite 105 Ellensburg WA 98926
Project Description and Location:
Kittitas County as a consortium with all cities applying to fund CDBG public services and kical microenterprise assistanceprograms;rental and mortgage assistance and daycare expenses for people who have lost income due to COVID-19 impacts.AH CDOG funded activities must benefit low-and moderate-income persons or moet the CDBG urgent need national objectivecriteria.
Funding Source:WA State CDBG \Other Funding Sources:
V The activity falls into the checked category below,and listed at 24 CFR 58.34(a)as Exempt.i
1.Environmental and other studies,resource identification,and development of plans and strategiesO2.Information and financial services
O 3.Administrative and management activities
4.Public services that will not have a physical impact or result in any physical changes including but not limited to servicesconcernedwith:
O •Employment •Recreation needs •Energy conservation•Crime prevention •Drug abuse •Welfare
=Child care •Education •Other
•Health •CounselingO5.Inspections and testing of propertles for hazards or defects
O 6.Purchase of insurance
O 7.Purchase of tools
O 8.Engineering or design costs
O 9.Technical assistance and training
10.Temporary or permanent improvements that do not alter environmental conditions and are limited to activities toOprotect,repair or arrest the effects of disasters or imminent threats to public safety,including those resulting fromphysicaldeterioration,
11.Payment of principa\and intereston loans made or obligations guaranteed by HUD
The activity falls into the checked category Nsted below,and is ilsted at 24 CFR 58.35(b)as a Categorically Excludedactivity.notsubject to Section 58.5,
1.Tenant-based rental assistance
2.Supportive Services (including but not limited to);
Health care •Nutritional servicesHousingservicesShorttermpayments for rent/mortgage/utility costsPermanenthousingplacement•Assistance in galning access to government benefits/senrices•Day care
3.Operating Costs:
Maintenance *Utilities •SuppliesSecurity*Furnishings •Staff training and recruitmentOperation•Equipment
Contract Page 037
ATTACHMENT6-G(2)
NEPA4.Economic Development Activities:
Equipment purchase •Interest subsidy•Inventory financing •Operating costs
Other expenses not associated with construction or expansion5.Activities to asslst homeownership of existing or dwening units under constructlon,including:O Closing costs and down payment assistance to homebuyerslaterestbuydownsorotheractionsresultingintransferof title6.Affordable housing pre-development costs
•Legal consulting
iO*Developer and other site-option costs
•Projectfinancing
Administrative costs for loan commitments,toning approvals,and other activities which don't have a physical impact7.Approval of supplemental assistance (including insurance or guarantee)to a project previously approved under Part 58,if:O the same responsible entity conducted the environmental review on the original project and re-evaluatlon of theenvironmentalfindingsisnotrequiredunderSection58A7
Additional HUD Laws &Authorities (24 CFR 58.6)Section 1.Flood Disaster Protection Act5ection58.6 requires compliance with the Flood Disaster Protection Act.However,under 24 CFR 55.1(b)(1)the prohibitions arenotapplicabtetoHUDfinancialassistanceundertheState-administered COBG Program (24 CFR part S70.subpart I).Therefore,theActdoesnotapply.
Section 2.Airport Runway clear Zones (Civil)and Accident Potential Zones (Military)
(Check as appropriate)Does the project involve HUD assistance,subsidy or insurance for the purchase or sale ofanexistingproperty?
YES NO
Proceed to Section 3--Continue regulation does not apply.
Is the project located within 2,500 feet of a civil airport or 15,000 feet of a military airfield?YES NO
Continue Document &proceed to
Section 3-regulation
does not aggy.Is the project located within aà FAA-designated civilian airport Runway Clear Zone (RCA)or YES NORunwayProtectionZone,or within the military Airfield Clear Zone (CZ)or Accident
Continue Document &proceed toPotentialZone/Approach Protection Zone (AP2),based upon information from the airport
Section 3-regulationormilitaryairfieldadministratoridentifyingtheboundariesofsuchzones?
does not apply.Comply with 24 CFR Part 51,Subpart D which may include providing a written notice to a prospective buyer or leaser of thepotentialhazardsfromairplaneaccidentsandthepotentialthatanairportorairfieldoperatormaywishtopurchasethepropertyatsomepointinthefutureaspartofaclearzoneacquisitionprogram.Maintain copies of the sígned notice.For propertieslocatedinamilitaryclearzone,make and document a determination of whether the use of the propertyis generally consistentwithDODguidelines.Notice Sample:
httpjlw_ww_dlu.igov£oficegnvironment/review/ca/airporthazards.pdfSection3.Coastal Barrier Resources Act.
Section 58.6 also requires compliance with the Coastal Barrier Resources Act.There are no Coastal Barrier Resource Areas inWashingtonState.Therefore,the Act does not apply.
NEPA CERTIFICATIONARequestforReleaseofFunds(RROF)is not required for this project.The activity may be initiated without further environmentalreviewbeyond24CFRPart58,6,
SEPA CERTIFICATION
The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental Protection Act (SEPA,Chapter 43.21C RCW)and has determined:
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ATTACHMENT6-G(3)
NEPAIEITheprojectiscategoricallyExemptunderSEPAWAC197.11.800
OR
O The project does not have a probable adverse impact on the environment (WAC197-11-970)and an environmental impactstatementisnotrequired.Documentation supporting the Determination of Non-significence is contained in the EnvironmentalReviewRecord.
Preparer Name (print):Judy Pless
Title:Budget &Finance Manager
Signature:
Date:02-26-2021
Chief Administrative Official (print):Brett Wachsmith
Title Chairman,Board of County Co issioners
Signature.
Date:03-02-2021
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