HomeMy WebLinkAboutSub Recipient - HopeSourceBOARD OF COUNTY COMMISSIONERSCOUNTYOFKITTITAS
STATE OF WASHINGTON
RESOLIJTION
NO.2021-Û9
A RESOLUTIONAUTHORIZINGEXECUTIONOF A CONTRACT WITHHOPESOURCERELATEDTOCORONAVIRUS(CDBG-CV-1)PROGRAMCONTRACT#20-6221C-115
WHEREAS,Kittitas County applied for and was awarded a contract with the Department ofCommerce(Coronavirus (CDBG-CV-1)Program Contract #20-6221C-115);and
WHEREAS,HopeSource is prepared to provide the services outlined in that contractdenominatedassubsistencepaymentandchildcareservicesasapartofthecounty'scoronavirusreliefeffort.
NOW,THEREFORE BE IT RESOLVED the Board of County Commissioners is authorized toexecutetheattachedcontractwiththeHopeSourcerelatedtoCoronavirus(CDBG-CV-1)Program Contract #20-6221C-115.
DATED this 15th day of June 2021,at Ellensburg,Washington.
BOARD OF COUNTY COMMISSIONERS
ASSENT
Commissioner
Clerk of the Board
Contract Page 001
ATTACHMENT18-C (1)
SUBRECIPIENT AGREEMENT
BETWEEN
KITTITAS COUNTY AND THE HOPESOURCE
This Agreement is made between KlTTITAS COUNTY (herein called the Local Government)andHOPESOURCE(herein called Subrecipient]for the CDBG-CV1 Public Service Subsistence Payments andChildcareServices(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-CV1 consortium 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
Approx.76 LMI persons to receive direct services
•Complete the environmental review and prepare an environmental review record incompliancewithNEPArequirementsforCDBG.
•Develop and establish CDBG-CV program's policies and procedures,including CDBGincomequalification,COVID-19 impact verification,prevent duplication of benefits,andbeneficiaryreportingrequirements.
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•Deliver the direct services identified in the CDBG application through the subrecipients.•Allocate and manage public services funds as established in the approved subrecipientsagreementandbudgetandpreventduplicationofbenefit.•Meet the CDBG national objective of principally benefiting low-and moderate-incomepersons
•Accomplish HUD's outcome of increasing the availability and accessibility of services toachieveHUD's objective of creating suitable living environments
2.TIME OF PERFORMANCE
The effective date of this Agreement is March 27,2020 and complete execution of thisagreementandwillbeineffectforthetimeperiodthecontractexpiresJanuary31,2023.
3.AGREEMENT REPRESENTATIVES
Each party to this Agreement shall have a representative.Each party may change itsrepresentativeuponprovidingwrittennoticetotheotherparty.The parties'representatives areasfollows:
A.Subrecipient:
Name of Representative:Susan Grindle,Director of HopeSourceMailingAddress:700 E Mountain View Ave Ste 501City,State and Zip Code:Ellensburg WA 98926TelephoneNumber:509-925-1448
Fax:509-925-1204
E-mail Address:skgrindle@hopesource.us
UBI#:600-263-065
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 98926TelephoneNumber: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 $217,364 in CDBGfundsforeligibleincurredcostsandexpensesfortheProjectaccordingtothefollowingbudget.
Project Budget Element Budgeted Amount
05 Public Services
OSO,Subsistence Payments $142,364
05L Childcare Services
$75,000
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ATTACHMENT18-C (3)
Indirect Cost Rate:10%de minimis rate
Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant,theSubrecipientshallprovidetheirindirectcostratethathasbeennegotiatedbetween their entityandtheFederalGovernment.If no such rate exists,a de minimis indirect cost rate of 10%ofModifiedTotatDirectCosts(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 beutilizedtosupplementratherthansuppfantfundsotherwiseavailable.
It is understood that this Agreement is funded in whole or in part with CDBG funds through theWashingtonStateCDBGProgramasadministeredbyCommerceandissubjecttothoseregulationsandrestrictionsnormallyassociatedwithfederally-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 ofCDBGfunds,overseeing compliance with CDBG requirements,and ensuring recordkeeping andauditrequirementsaremet.Substandard performance as determined by the Local GovernmentwillconstitutenoncompliancewiththisAgreement.
If action to correct such substandard performance is not taken by the Subrecipient within areasonableperiodoftimeafterbeingnotifiedbytheLocalGovernment,contract suspension orterminationprocedureswillbeinitiated.
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ATTACHMENT 18-C (4)
7.SPECIAL CONDITIONS-
A.Prevent Duplication of Benefit
The CARES Act provides that there are adequate procedures in place to prevent anyduplicationofbenefitasrequiredbysection312oftheRobertT.Stafford Disaster ReliefandEmergencyAssistanceAct(42 U.S.C.5155),as amended by section 1210 of theDisasterRecoveryReformActof2018(division D of Public Law 115-254;132 Stat.3442).HUD requires each Grantee (and subrecipient)have procedures to prevent theduplicationofbenefitswhenitprovidesfinancialassistancewithCDBG-CV funds.Federaldisasterlawprohibitstheprovisionoffederalassistanceinexcessofneed.Before paying
a cost with federal disaster assistance,the Grantee (and subrecipient)must check to seethattheassistancewillnotcauseaduplicationofbenefits,meaning that the cost has notorwillnotbepaidbyanothersource.Any person or entity (including subrecipients)receiving CDBG-CV assistance must agree to repay assistance that is determined to beduplicative;and to assess whether the use of CDBG-CV funds will duplicate financialassistancealreadyreceivedorislikelytobereceivedbyactingreasonably,Grantees (andsubrecipients)must have a method to evaluate need and the resources available to meetthatneed.CDBG-CV funded activities will prevent,prepare for,and respond to thecoronavirus
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 regulationsconcerningCDBG);and
•All other applicable Federal,State and Local laws,regulations,and policies,governingthefundsprovidedunderthisAgreement.
B.CDSG 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.
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ATTACHMENT 18-C (5)
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 for
in this Agreement.
E.Workers'Compensation
The Subrecipient will provide Workers'Compensation Insurance Coverage for 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 the
Local Government.
The Subrecipient shall furnish the Local Government with properly executed certificate ofinsuranceorasignedpolicyendorsementwhichshallclearlyevidenceallinsurancerequired
in this section prior to commencement of services.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 prominentlylabeledastofundingsource.In addition,the Subrecipient will include a reference to thesupportprovidedhereininallpublicationsmadepossiblewithfundsmadeavailableunderthisAgreement.
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.
1.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:
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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.
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
L 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;
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ATTACHMENT18-C (7)
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 asdeemednecessary,to audit,examine,and make excerpts or transcripts of all relevantdata.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within30daysafterreceiptbytheSubrecipient.Failure of the Subrecipient to comply with theaboveauditrequirementswillconstituteaviolationofthisAgreementandmayresultinthewithholdingoffuturepayments.
The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from allsourcesherebyagreestohaveanannualagencyauditconductedinaccordancewithcurrentLocalGovernmentpolicyconcerningSubrecipientauditsand2CRF200.501.TheCatalogofFederalDomesticAssistance(CFDA)number is 14.228.
C.Reporting
1.Program Income
The Subrecipient will report annually all program income (as defined at 24 CFR570.500(a))generated by activities carried out with CDBG funds made available under
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ATTACHMENT18-C (8)
this Agreement.The use of program income by the Subrecipient will comply with the
requirements set forth at 24 CFR 570.504.
2.Periodic Reports
The Subrecipient,at such times and in such forms as the Local Government may require,
will furnish the Local Government such periodic reports as it may request pertaining to
the work or services undertaken pursuant to this Agreement,the costs and obligations
incurred or to be incurred in connection therewith,and any other matters covered by
this Agreement.
D.Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement will be in
compliance with the requirements of 2 CFR 200.311 and 313,24 CFR 570.502,570.503,
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 the
time of expiration,cancellation,or termination.
2.Real property under the Subrecipient's control that was acquired or improved,in whole
or in part,with funds under this Agreement in excess of $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 any
portion of the value attributable to expenditures of non-CDBG funds for acquisition of,
or improvement to,the property after the CDBG program's approval.Such payment will
constitute program income to the Local Government.The Subrecipient may retain real
property acquired or improved under this Agreement after the expiration of the ten-
year period.
3.In cases in which equipment acquired,in whole or in part,with funds under this
Agreement is sold,the proceeds will be program income.Equipment not needed by the
Subrecipient for activities under this Agreement will be (a)transferred to the Local
Government for CDBG-eligible activities as approved by the CDBG program or (b)
retained after compensating the Local Government.
10.PERSONNEL AND PARTICIPANTCONDITIONS
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 the
benefits of,or be subjected to discrimination under any program or activity receiving
federal financial assistance.
Section 109 of the Housing and Community Development Act of 1974:
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No person in the United States will on the grounds of race,color,creed,religion,sex or
national origin be excluded from participation in,be denied benefits of,or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
Age Discrimination Act of 1975,as Amended
No person will be excluded from participation,denied program benefits,or subjected to
discrimination on the basis of age under any program or activity receiving federal funding
assistance.(42 U.S.C.610 et.seq.)
Section 504 of the Rehabilitation Act of 1973,as Amended
No otherwise qualified individual will,solely by reason or his or her disability,be excluded
from participation (including employment),denied program benefits,or subjected to
discrimination under any program or activity receiving Federal funds.(29 U.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 reason
of such disability,be excluded from participation in or be denied the benefits of the
services,programs,or activities of a public entity,or be subjected to discrimination by any
such entity.
B.Section 3 of the Housing and Community Development Act of 1968
Compliance in the Provision of Training,Employment,and Business Opportunities:
1.The work to be performed under this agreement is on a project assisted under a
program providing direct federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968,as
amended,12 U.S.C.1701u.Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given lower-income residents of the
project area;and contracts for work in connection with the project be awarded to
business concerns which are located in,or owned in substantial part,by persons
residing in the area of the project.
2.The parties to this contract will comply with the provisions of said Section 3 and the
regulations set forth in 24 CFR 135,and all applicable rules and orders of HUD and
Commerce issued thereunder prior to the execution of this contract.The parties to this
contract certify and agree that they are under no contractual or other disability that
would prevent them from complying with these provisions.
3.The Subrecipient will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,if
any,a notice advising the said labor organization or workers'representative of his
commitments under this Section 3 clause and will post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
4.The Subrecipient will include this Section 3 clause in every subcontract for work in
connection with the project and will,at the direction of the applicant,or recipient of
federal financial assistance,take appropriate action pursuant to the subcontract upon a
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finding that the subcontractor is in violation of regulations issued by the Secretary of
HUD,24 CFR 135.The Subrecipient will not subcontract with any subcontractor where it
has notice or knowledge that the latter has been found in violation of regulations under
24 CFR 135 and will not let any subcontract,unless the subcontractor has first provided
it with a preliminary statement of ability to comply with the requirements of these
regulations.
5.Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135,and
all applicable rules and orders of HUD and Commerce issued hereunder prior to the
execution of the contract,will be a condition of the federal financial assistance provided
to the project,binding upon the applicant or recipient for such assistance,its successors,
and assigns.Failure to fulfill these requirements will subject the applicant,or recipient,
its consultants and subcontractors,its successors and assigned to those sanctions
specified by the grant or loan agreement or contract through which federal assistance is
provided,and to such sanctions as are specified by 24 CFR 135.
C.Conduct
1.Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without the
prior written consent of the Local Government thereto;provided,however,that claims
for money due or to become due to the Subrecipient from the Local Government under
this contract may be assigned to a bank,trust company,or other financial institution
without such approval.Notice of any such assignment or transfer will be furnished
promptly to the Local Government and Commerce.
2.Conflict of 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 the
planning or carrying out of the project,will have any personal financial interest,direct or
indirect,in this Agreement;and the Subrecipient will take appropriate steps to assure
compliance.
The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR
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.
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3.Certification Regarding Debarment,Suspension,Ineligibility and 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 WAlVER
The Local Government's failure to act with respect to a breach by the Subrecipient does not
waive its right to act with respect to subsequent or similar breaches.The failure of the Local
Government to exercise or enforce any right or provision will not constitute a waiver of such right
or provision.
13.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Local Government and the
Subrecipient for the use of funds received under this Agreement and it supersedes all prior
communications and proposals,whether electronic,oral,or written between the Local
Government and the Subrecipient with respect to this Agreement.
The attachments to this Agreement are identified as follows:
EXHIBITA -Insurance Requirements
EXHIBITB -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.
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KITTITASCOUNTY COMMISSIONERS HOPESOURCE
KITTITASCOUNTY ASHING
Brett chsmith,Chairman Susan Grindle,Director
ABSENT
Laura Osiadacz,Vice Chairman
o Wright,Commissioner
Date:06/10/2021
1 rs erk of the Board or
Man uch Iz,Deputy Clerk of the Board
Approved As to Form:
Attorney
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EXHIBIT"A"
The Contractor shall secure and maintain in effect at all times during performance of the Work such
insurance as will protect Contractor,its Support and the Additional Insured's from all claims,losses,
harm,costs,liabilities,damages and expenses arising out of personal injury (including death)or property
damage that may result from performance of the work or this Agreement,whether such performance is
by Contractor or any of its Support.
All insurance shall be issued by companies admitted to do business in the State of Washington and
have a rating of A-,Class VII or better in the most recently published edition of Best's Reports unless
otherwise approved by the County.If an insurer is not admitted,all insurance policies and procedures
for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
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 endorsement
and a CA 9946 endorsement must be attached if '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 cancellation
of the insurance policy.
Additional Coverage May Be Required:
Workers'Compensation
Workers'Compensation in amounts required by law
Stop Gap/Employers 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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•Thirty (30)days written notice to the County of cancellation
of the insurance policy.
Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providing professional services
shall provide evidence of Professional Liability Insurance covering professional errors and
omissions.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 subsequent
renewals,shall be no later than the effective date of this Contractor shall furnish the County
a Certificate of Insurance to include the Policy Endorsements/Exclusions as evidence that
policies providing insurance required by this Agreement are in full force and effect.
Contractor hereby waives all rights of recourse,including any right to which another may be
subrogated,against Kittitas County for personal injury,including death,and property
damage.Contractor's insurance policies required above shall be primary insurance and shall
be non-contributing with any other insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any
tools,Contractor's employee-owned tools,machinery,equipment,or motor vehicles owned or rented
by the Contractor,or the Contractor's agents,suppliers or contractors as well as to any temporary
structures,scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are
obtained by subcontractors.
NOTE:No contract shall form until and unless a copy of the certificate of Insurance with
Endorsements/Exclusions,properly completed and in the amount required,is attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during the term of the
Agreement shall be considered a material breach of contract and cause for immediate termination of
the Agreement at the County's discretion.Alternatively,the County may procure and maintain,at the
Contractor's sole expense,insurance to the extent deemed proper up to the amount of the required
coverage(s).The County may offset the cost of such insurance against payment due to the Contractor
under this Agreement.
Revised 1/25/2021ContractPage015Page14of14
Doc ID:7af681bb0ca653703df74fe4909e206e42be12f0
EXHIBIT B
Washington State
Department of
4&COInfDOPCC
Interagency Grant Agreement with
Kittitas County
through
CommunityDevelopmentBlock Grant Program
CDBG -Coronavirus (CDBG-CV1)
For
Actlvlties to prevent,prepare for,and respond to coronavirus in
partnership with local service providers for the CDBG-CV1
consortium area.
Start date:3/27/2020
Contract Page 016
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERAGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE FOR
COMMUNITYDEVELOPMENTBLOCK GRANT -CORONAVIRUS (CDBG-CV-1)PROGRAM
CONTRACT #20-6221C-115
RESOLUTION NO.2021-
WHEREAS,Chapters 39.33 and 39.34 RCW,the Interlocal CooperationAct,authorizes
pubile agencies to enter into agreements for mutually advantageousjoint or cooperative action;
and
WHEREAS,Kittitas County and WashingtonState Department of Commerce are public
agencies within the meaning of chapters 39.33 and 39.34 RCW;and
WHEREAS,Kittitas County and Washington State Department of Commerce will enter
into the agreement to fund the Costs incurred for the Activities to prevent,prepare for,and
respond to coronavirus in partnership with local service providers for the CDBG-CV1 consortium
area.in Kittitas County for the period of March 27,2020 thru January 31,2023.
NOW,THEREFORE,BE IT RESOLVED,the Kittitas County Board of County Commissioners
authorizes the execution of the Interagency Agreement with Washington State Department of
Commerce,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,achsmith,Chairman
AssENT
Laura Osi dacz,Vice-Chairman
ATTEST
't Cory Wright,commissioner
Clerk of the B rd
Contract Page 017
TABLE OF CONTENTS
Specla!Terms and Conditions
1.Definitions ..........................
............................1
2.Authority ...................................................................1
3.Acknowledgement of Federal Funding........................................................1
4.Acquisition And Disposition Of Assets.......................................................1
5.Aud\t ......................................................................................2
6.Billing Procedures and Payment.................................................................2
7.Closeout...........................................,................................................3
8.Compensation......................................................
.................................3
9.Debarment .......,..............................................................................................3
10.Environmental Review ...........................,..................,.................,.........................4
11.Indirect Costs.....................,...........................................6
12.Grant Management .............................................................................,..,..5
13.Historical Or Cultural Artifacts,Human Remains...........................5
14.Insurance .....................................................................................5
15.Laws.........................................................5
16.Performance Reporting.....................................................5
17.Program income...............................................................5
18.Prohibition on Certain Funds Transfers .,,.........................................6
19.Subcontractor Data Collection ........................................................6
20.Subcontracts for Engineering Services.......................................................6
21.Order of Precedence...,..............................................................6
General Terms and Conditions
1.Definitions ..........................................................................................................7
2.All Writings Contained Herein....................................................................7
3.Amendments.................,..........,.............,..........,................7
4.Assignment..............................................................................7
5.Confidentiality and Safeguarding of Information......................7
6.Copyright............................................................,,..............................8
7.Disputes.....................................................................................8
8.Govern\ng Law and Venue ....................,...........................................8
9.Indemnlfication...................................................................8
10 Licensing,Accreditation and Registration ....................6
11.Recapture ..............................................................9
12.Records Maintenance....................................................................9
13.Savings..............................................................................9
14.Severability ...........................................................................,..9
15.Subcontracting........................................................9
16.Survival .......................................................10
17.Termination for Cause ............................................................10
18.Termination for Convenience...............................................................10
19.Termination Procedures .........................................................................10
20.Treatment of Assete...........................................................11
21.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 Unit
CDBG -Coronavirus (CDBG-CV1)
1.Grantee 2.Grantee Dolng Business As (optional)
Kittitas County NA
205 W Sth Ave,Suite 108
Ellensburg,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 42525
Email:brett.wachsmith.co@co.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:N/A:O 3/27/2020 1/31/2023
9.Federal Funds (as applicable)Federal Agency:CFDA Number:Indirect Rate (If appilcable):
$292,364 U.S.Department of Housing 14.228 NIAAndUrbanDevelopment
(HUD)
10.TaxID#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-CV1
consortium area.A full description of the project is in Attachment "A"Scope of Work and Budget.
15.Signing Statement
COMMERCE,defined as the Department of Commerce,and the Grantee,as defmed above,acknowledge and accept the terms of this
Grant and Attachments and have executed this Grant on the date below to start as ofthe date and year referenced above and warrant
they are authorized to bind their respective agencies.The rights and obligations of both parties to this Grant are governed by this Grant
and the following documents hereby incorporated by reference:Grant Terms and Conditions including Attachment "A"-Scope of
Work and Budget,Attachment "B"-Letter to Incur Costs (if appF 1e),and the following documents incorporated herein by
reference:Grantee's application for funding and the Communito nent Block Grant policies and procedures,prepared by
Commerce.
FOR GRANTEE .COMMERCE
Th lonotab CII Wachsmith,Mark'K.Ikley,Assistat i Director
Kittitas County Commissioner,D trict #3 Local Go rn ut D
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNE V GENERAL 07/17/2019.
APPROVAL ON FILE.
iii
Contract Page 019
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
1.DEFINITIONS
A."Contractor"and "Grantee"In this Grant,and the term "subrecipient"found In the federal
Community Development Block Grant (CDBG)rules and regulations,shall mean the same.
B.Community Development Block Grant -Coronavirus Response (CDBG-CV)grants are funded by
the Coronavirus Aid,Relief,and Economic Security (CARES)Act.
C."Low-and moderate-income"shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size.
D."Subgrantee/Subcontract"shall mean one not in the employment of the Grantee,who is
performing all or part of those services under this Grant under a separate Grant with the Grantee.
The terms "subgrantee"and "subcontractors"mean subcontractor(s)in any tier.
E."Subrecipient"shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program,but does not include an individual that Is a
beneficiary of such a program,it also excludes vendors that receive federal funds in exchange for
goods and/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 Interlocal
Cooperation Act,Chapter 39.34 RCW.
3.ACKNOWLEDGMENT OF FEDERAL FUNDS
Federal Award Date:July 14,2020
Federal Award Identification Number (FAIN):B-20-DW-53-0001
Total amount of the federal award:$7,720,383
Awarding official:John W.Peters,HUD CPD Director
The Grantee agrees that any publications (written,Visual,or sound)but excluding press releases,
newsletters,and issue analyses,issued by the Grantee describing programs or projects funded in
whole or in part with federal funds under this Contract,shall contain the following statements:
"This project was supported by Grant No.B-20-DW-53-0001 awarded by the U.S.
Department of Housing and Urban Development (HUD).Points of view in this document
are those of the author and do not necessarily represent the official position or policles of
HUD.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 real property and equipment under this Grant will be in compliance with the
requirements of all applicable federal law and regulation,including but not limited to 24 CFR Part 84
and 24 CFR Part 570.489,570.502,570.503,570.504,and 570.505 as applicable,which include but are
not limited to the following:
Real property that was acquired or improved,in whole or in part,with funds under this Grant In excess
of $25,000 shall be used to meet one of the CDBG national objectives for ten (10)years after the Grant
is closed.Any exception must be made with COMMERCE approval and the Grantee will be responsible
to pay COMMERCE an amount equal to the current fair market value of the property less any portion
of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the
property.Such payment from the disposition of real property acquired with this Grant 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,the
proceeds will be CDBG Program Income.
State of WasNngton Interagency Grant Agreement
Department of Commerce Page 1
Contract Page 020
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
1.AUDIT
If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year,the Grantee shall procure and pay for a single audit or a program-specific
audit for that fiscal year.Upon completion of each audit,the Grantee shall:
A.Submit to COMMERCE the reporting package specified In OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide (if applicable),and a copy of any management
letters issued by the auditor.
B.Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee is a submcipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year,the Grantee shall notify COMMERCE they did not meet the s\ngle audit
requirement.
The Grantee shall send all single audit documentation to auditreyiew@commerce.wa.gov.
2.BIL.L.ING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed
invoices,which shall be submitted to the Representative for COMMERCE Representative on a
Washington State invoice Voucher form not more often than monthly.
The Invoices shall describe and document,to COMMERCE's satisfaction,a description of the work
performed,the progress of the project,and fees.The invoice shall include the Contract Number
Identified on the Face Sheet of this Grant.If expenses are invoiced,provide a detailed breakdown of
each type.
Payment shall be considered timely if made by COMMERCE within thirty (30)calendar days after
receipt of properly completed invoices.Payment shall be sent to the address designated by the
Grantee.
COMMERCE may,in its sole discretion,terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant,including completion of the Environmental Review and the release of funds (if applicable).
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall
be made by COMMERCE.
COMMERCE shall not release the final five (5)percent of the total grant amount until acceptance by
COMMERCE of project completion.
Invoices and End of Fiscal Year
The grantee must invoice end of state fiscal year final invoices for all expenses from the beginning of
the contract through June 30,regardless of the contract start and end date.Commerce will provide
notification of the end of fiscal year due date.
Duplication of Billed Cogts
The Grantee shall not bill COMMERCE for services performed under this Agreement,and COMMERCE
shall not pay the Grantee,if the Grantee is entitled to payment or has been or will be paid by any other
source,including grants,for that service.
Preverji Dolicatlan of Benefit
The CARES Act provides that there are adequate procedures in place to prevent any duplication of
benefit as required by section 312 of the Robert T.Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C.5155),as amended by section 1210 of the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-254;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
State of Washington Interagency Grant Agreement
Department of Commerce Page 2
Contract Page 021
SPECIAL TERMS AND CONDITIONS
INTERAGENCYGRANT AGREEMENT
FEDERAL FUNDS
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.
Disallowed Costs
The Grantee la responsible for any audit exceptions or disallowed costs incurred by Its own organization
or that of its subcontractors/subrecipient.
3.CLOSEOUT
COMMERCE will advise the Grantee to Initiate closeout procedures when there are no impediments to
closing and the following criteria have been met or soon will be met:
A.AII costs have been incurred with the exception of closeout costs and any unsettled third-party
claims against the Grantee.Costs are incurred when goods and services are received or contract
work is performed.
B.The Grantee has held a public hearing to revlew program performance.
C.The Grantee has submitted the Contract Closeout Report.Failure to submit a report will notprecludeCOMMERCEfromeffectingcloseoutifitisdeemedtobeinthestate's interest.Any
excess grant amount in the Grantee's possession shall be returned in the event of failure to finish
or update the report.
D.Other responsibilities of the Grantee under this Grant and applicable laws and regulatlons appear
to have been carried out satisfactorily or there is no further state Interest in keeping this Grant open
for the purpose of securing performance.
4.COMPENSATION
COMMERCE shall pay an amount not to exceed the amount Identified on the Face Sheet of this GrantfortheperformanceofallthingsnecessaryfororincidentaltotheperformanceofworkassetforthIn
Attachment A,Scope of Work and Budget incorporated herein,and by reference the Grantee's
application for funding.
Grantee shall recelve reimbursement for travel and other expenses as authorized in advance byCOMMERCEasreimbursable.Grantee shall receive compensation for travel expenses at current state
travel reimbursement rates
5.DEBARMENT
A.Grantee,defined as the primary participant and it principals,certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
i.Are not presently debarred,suspended,proposed for debarment,declared ineligible,or
voluntarily excluded from covered transactions by any Federal department or agency.
li.Have not within a three-year period preceding this Grant,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense In
connection with obtaining,attempting to obtain,or performing a public or private agreement
or transaction,violation of Federal or State antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false
statements,tax evaslon,receiving stolen property,making false claims,or obstruction of
justice;
iii.Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal,State,or local)with commission of any of the offenses enumerated in
paragraph (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 more
public transactions (Federal,State,or local)terminated for cause of default.
State of Washington interagency Grant Agreement
Department of Commerce Page 3
Contract Page 022
SPECIAL TERMS AND CONDITIONS
INTERAGENCYGRANT AGREEMENT
FEDERAL FUNDS
B.Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall
attach an explanation to this Grant.
C.The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded
from participation in this covered transactlon,unless authorized by COMMERCE.
D.The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,"as follows,without modification,in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a.The lower tier Grantee certifies,by signing this Grant that neither it nor its principais is
presently debarred,suspended,proposed for debarment,declared inellgible,or voluntarily
excluded from participation In this transaction by any Federal department or agency.
b.Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such contractor shall attach an explanation to this Grant.
E.The terms covered transaction,debarred,suspended,Ineligible,lower tier covered
transaction,person,primary covered transaction,principal,and voluntarily excluded,as
used in this section,have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executlve Order 12549.You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
6.ENVIRONMENTAL REVIEW
General Purpose,Housing Enhancement,and Economic Opportmity Grants
Funding in excess of the amount stipulated in Attachment B,Letter to incur Costs,shall not be
released to a Grantee by COMMERCE until the following conditions implementing 24 CFR part 58 are
met:
A.The Grantee must complete an environmental review of the project and make a finding of
environmental impact.A notice of this finding must be published along with a notice of the Grantee's
intent to request release of funds for the project unless the project is exempt from the pubilcation
requirements as described.The Grantee must allow a seven (7)or fifteen (15)day period for public
review and comment following publication of the notices unless exempt under the National
Environmental Policy Act (NEPA)and the Washington State Environmental Policy Act (SEPA).
When this review and comment period expires,the Grantee may,after considering any comments
received,submit a request for release of funds to COMMERCE.Upon receipt of the request,
COMMERCE must allow a fifteen (15)day period for public review and comment.When
COMMERCE's public review and comment period expires,COMMERCE may,after coneidering
any comments received,formally notify the Grantee in writing of the release of federal funds for the
project.
B.This special condition is satisfied when the Grantee completes the environmental revlew and
request for release of funds from COMMERCE.The special condition is effectively removed on the
date COMMERCE provides the Grantee with written notice of release of funds.
Microenterprise Assistance,Planning-O_nly and Public Services Activities
Funding shall not be released to a Planning-Only Activities or Public Services Activltles recipient until
the following conditions are met:The Grantee assures that assisted activities are exempt under NEPA
(24 CFR 58.34)and categorically exempt under SEPA (RCW 43.210.110).The Grantee further
assures that the activities do not come under the purview of any other federal,state,and known local
environmental laws,statutes,regulations or executive orders.In addition,the Grantee assures it will
document,in writing,its determination that each activity or project is exempt and meets the conditions
specified for such exemption under NEPA (24 CFR 58.34(3))(for Planning-Only)or 58.34(4)(for Public
Services)and (SEPA)WAC 197-11-800.
State af Washington interagency Grant Agreement
Department of Commerce Page 4
Contract Page 023
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
7.INDIRECT COSTS
The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the
federal government,If no such rate exists a de mínimis indirect cost rate of 10%of modified total direct
costs (MTDC)will be used.
8.GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are Identified on the Face Sheet
of this Grant.
9.HISTORICAL OR CULTURAL ARTIFACH HUMAN REMAINS
In the event that historical or cultural artifacts are discovered at the project site during construction or
rehabilitation,the Grantee shall immediately stop construction and notify the local historicalpreservationofficerandthestatehistoricpreservationofficerattheDepartmentofArchaeologyandHistoricPreservation(DAHP)at (360)586-3065.If human remains are discovered,the Grantee shall
stop work,report the presence and location of the remains to the coroner and local law enforcement
immedlately,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,
•Housing and Community Development (HCD)Act of 1974.
•CDBG regulations in 24 CFR Part 570.
•2 CFR 200.
•Coronavirus Aid,Relief,and Economic Security Act (CARES Act),Public Law PL 116-136.
•Notice of Program Rules,Waivers,and Alternative Requirements Under the CARES Act for
Community Development Block Grant Program Coronavirus Response Grant,Fiscal Year
2019 and 2020 Community Development Block Grants,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 periodic
progress and performance reports pertaining to the activities undertaken pursuant to this Grant.These
reports may include environmental review records,publication affidavits,procurement and contracting
records,documentation of compliance with federal civil rights requirements,Job creation records,program income reports,reports of the costs and obligations Incurred In connection therewith,the final
closeout report,and any other matters covered by this Grant.Activities funded by this Grant providing
income-qualified direct assistance or direct services under the limited clientele,housing,or job creation
CDBG National Objectlves,must submit quarterly benefielary reports as furnished by COMMERCE.Fallure to submit these reports may result in COMMERCE withholding payment or terminating this
Grant.
13.PROGRAM INCOME
Program Income,as defined in 24 CFR 570.489(e),retains federal Identity and will be used in
accordance with CDBG-CV requirements.The Grantee must maintain records of program income
received and expended,and annually report program income received after closeout of this Grant.
State of Washington Interagency Grant Agreement
Department of Commerce Page 5
Contract Page 024
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
Program Income shall be used to continue the same activities to benefit low-and moderate-income
persons or,with COMMERCE approval,for other activities to benefit low-and moderate-income
persons.Interest earned in excess of $100 on CDBG funds received to reimburse incurred costs must
be remitted to COMMERCE for return to the U.S.Treasury.
14.PROHIBITION ON CERTAIN FUNDS TRANSFERS
The Grantee that directly or indirectly receives CDBG-CV funds may not sell,trade,or otherwise
transfer all or any such potion of such funds to another such entity in exchange for any other funds,
credits or non-Federal consideration,but must use such funds for activities eligible under title I of the
HCD Act or permitted by waiver and alternative requirements that apply to the use of CDBG-CV funds.
15.SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports,in a form and format to be provided by Commerce and at intervals as
agreed by the parties,regarding work under this Grant performed by subcontractors and the portion of
funds expended for work performed by subcontractors,including but not necessarily limited to minority-
owned,woman-owned,and veteran-owned business subcontractors.'Subcontractors"shall mean
subcontractors of any tier.
'16.SUBCONTRACTS FOR ENGINEERING SERVICES
Engineering firms must certify that they are authorized to do business in the state of Washington and
are In full compliance with the requirements of the Board of Professional Registration.The Grantee
shall require that engineering services providers be covered by errors and omissions insurance.The
engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all
activities by the engineering firm and licensed staff employed or under contract to the engineering firm.
The state of Washington,its agents,officers,and employees need not be named as additional insureds
under this pollcy.
17.ORDER OF PREGEDENCE
In the event of an inconsistency in this Grant,the Incon6istency shall be resolved by giving
precedence in the following order:
•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 applicable
-Grantee's application for funding and the Community Development Block Grant policies and
procedures,prepared by Commerce as incorporated by reference on the Face Sheet
State of Washington Interagency Grant Agreement
Department of Commerce Page 6
Contract Page 025
GENERAL TERMS AND CONDIT10NS
INTERAGENCYGRANT AGREEMENT
FEDERAL FUNDS
1.DEFINITIONS
As used throughout this Grant,the following terms shall have the meaning set forth below:
A."Authorized Representative"shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B."COMMERCE"shall mean the Department of Commerce.
C."Grant"or "Agreement"means the entire written agreement between COMMERCE and the
Grantee,including any attachments,documents,or materials incorporated by reference.E-mail or
facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original.
D."Grantee"shall mean the entity identified on the face sheet performing service(s)under this Grant,
and shall include all employees and agents of the Grantee.
E."Personal Information"shall mean information identifiable to any person,including,but not limited
to,information that relates to a person's name,health,finances,education,business,use or receipt
of governmental services or other activities,addresses,telephone numbers,social security
numbers,driver license numbers,other identifying numbers,and any financial identifiers.
F."State"shall mean the state of Washington.
G."Subgrantee/Subcontract"shall mean one not in the employment of the Grant,who is performing
all or part of those services under this Grant under a separate Grant with the Contractor.The terms
"subgrantee"and "subcontractors"mean subcontractor(s)in any tier.
2.ALL.VVRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties.No other understandings,
oral or otherwise,regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
3.AMENDMENTS
This Grant may be amended by mutual agreement of the parties.Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4.ASSIGNMENT
Neither this Grant,work thereunder,nor any claim arising under this Grant,shall be transferred or
assigned by the Grantee without prior written consent of COMMERCE.
5.CONFIDENTIALITYAND SAFEGUARDING OF INFORMATION
A."Confidential Information"as used in this section Includes:
i.All material provided to the Grantee by COMMERCE that is designated as "confidential"by
COMMERCE;
II.All material produced by the Grantee that is designated as "confidential"by COMMERCE;and
iii.All personal information in the possesslon of the Grantee that may not be disclosed under state
or federal law.
B.The Grantee shall comply with all state and federal laws related to the use,sharing,transfer,sale,
or disclosure of Confidential Information.The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use,share,transfer,sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law.The Grantee shall take all necessary steps to assure that Confidential Information
is safeguarded to prevent unauthorized use,sharing,transfer,sale or disclosure of Confidential
Information or violation of any state or federal laws related thereto.Upon request,the Grantee shall
provide COMMERCE with its policies and procedures on confidentiality.COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures.The
State of Washington Intemgency Grant Agreement
Department of Commerce Page 7
Contract Page 026
GENERAL TERMS AND CONDITIONS
INTERAGENCYGRANT AGREEMENT
FEDERAL FUNDS
Grantee shall make the changes within the time period specified by COMMERCE.Upon request,
the Grantee shall immediately return to COMMERCE any Confidential Information that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C.Unauthorized Use or Disclosure.The Grantee shall notify COMMERCE within five (5)working days
of any unauthorized use or disclosure of any confidential Information,and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6.COPYRIGHT
Unless otherwise provided,all Materials produced under this Grant shall be considered "works for hire"
as defined by the U.S.Copyright Act and shall be owned by COMMERCE.COMMERCE shall be
considered the author of such Materials.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 all
Materials,including all intellectual property rights,moral rights,and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials"means all items in any format and includes,but Is not limited to,data,reports,documents,
pamphlets,advertisements,books,magazines,surveys,studies,computer programs,films,tapes,
and/or sound reproductions."Ownership"includes the right to copyright,patent,register and the ability
to transfer these rights.
For Materials that are dellvered under the Grant,but that incorporate pre-existing materials not
produced under the Grant,the Grantee hereby grants to COMMERCE a nonexclusive,royalty-free,
irrevocable 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 and
represents that the Grantee has all rights and permissions,including intellectual property rights,moral
rights and rights of publicity,necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE,at the time of delivery of Materials
furnished under this Grantee,of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant.The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received by the
Grantee with respect to any Materials delivered under this Grant.COMMERCE shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
7.DISPUTES
In the event that a dispute arlses under this Agreement,it shall be determined by a Dispute Board in
the following manner:Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board.The
Dispute Board shall review the facts,Agreement terms and applicable statutes and rules and make a
determination of the dispute.The Dispute Board shall thereafter decide the dispute with the majority
prevailing.The determination of the Dispute Board shall be final and binding on the partles hereto.As
an alternative to this process,either of the parties may request intervention by the Governor,as
provided by RCW 43.17.330,in which event the Governor's process will control.
8.GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws,and the venue of any action brought hereunder shall be In the Superior
Court for Thurston County.
9.INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees,officers,and agents.
10.LICENSING ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local,state,and federal licensing,accreditation and
registration requirements or standards necessary for the performance of this Grant.
State of Washington Interagency Grant Agreement
Department of Commerce Page 8
Contract Page 027
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
11.RECAPTURE
In the event that the Grantee fails to perform this Grant In accordance with state laws,federal laws,and/or the provisions of this Grant,COMMERCE reserves the right to recapture funds in an amount to
compensate COMMERCE for the noncompliance in addition to any other remedles available at law or
in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE.In the alternative,COMMERCE may recapture such funds from payments
due under this Grantee.
12.RECORDS MAINTENANCE
The Grantee shall maintaln books,records,documents,data and other evidence relating to this Grant
and performance of the services described herein,including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grantee.
The Grantee shall retain such records for a period of six (6)years following the date of final payment.At no additional cost,these records,including materials generated under the Grant,shall be subject at
all reasonable times to Inspection,review or audit by COMMERCE,personnel duly authorized byCOMMERCE,the Office of the State Auditor,and federal and state officials so authorized by law,
regulation or agreement.
If any litigation,claim or audit is started before the expiration of the six (6)year period,the records shall
be retained until all litigation,claims,or audit findlngs 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 way
after the effective date of this Grant and prior to normal completion,COMMERCE may suspend or
terminate the Grant under the "Termination for Convenience"clause,without the ten calendar day
notice requirement.In lieu of termination,the Grant may be amended to reflect the new funding
limitations and conditions.
14.SEVERABILITY
The provisions of this Grant are intended to be severable.If any term or provislon is illegal or Invalid for
any reason whatsoever,such illegality or invalidity shall not affect the validity of the remainder of the
Grant.
16.SUBGRANTINGISUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting,the Grantee shall maintain written procedures related to
subcontracting,as well as copies of all subcontracts and records related to subcontracts.For cause,COMMERCE in writing may:(a)requlre the Grantee to amend its subcontracting procedures as they
relate to this Grant;(b)prohibit the Grantee from subcontracting with a particular person or entity;or
(c)require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this grant in no event shall the existence of a subcontract operate to release or reduce
the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
clalms or damages arising from a Subgrantee's performance of the subcontract
State of Washington Interagency Grant Agreement
Department of Commerce Page 9
Contract Page 028
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
16.SURVIVAL
The terms,conditions,and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance,cancellation or termination of this Grantee shall
so survive.
17.TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant
in a timely manner,COMMERCE has the right to suspend or terminate this Grant.Before suspending
or terminating the Grant,COMMERCE shall notify the Grantee In writing of the need to take corrective
action.If corrective action is not taken within 30 calendar days,the Grant may be terminated or
suspended.
In the event of termination or suspension,the Grantee shall be liable for damages as authorized by law
Including,but not limited to,any cost difference between the original Grant and the replacement or
cover Grant and all administrative costs directly related to the replacement contract,e.g.,cost of the
competitive bidding,mailing,advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant,withhold further payments,or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to
terminate the grant.A termination shall be deemed a "Termination for Convenience"if it is determined
that the Grantee:(1)was not In default;or (2)failure to perform was outside of his or her control,fault
or negligence.
The rights and remedies of COMMERCE provided In this Grant are not exclusive and are in addition to
any other rights and remedies provided by law.
18.TERMINATION FOR CONVENIENCE
Exceptas otherwise provided in this Grant,COMMERCE may,by ten (10)business days written notice,
beginning on the second day after the mailing,terminate this Grant,In whole or in part.If this Grant is
so terminated,COMMERCE shall be liable only for payment required under the terms of this Grant for
services rendered or goods delivered prior to the effective date of termination.
'19.TERMINATION PROCEDU_RES
Upon termination of this Grant,COMMERCE,in addition to any other rights provided in this contract,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this Grant as has been terminated.The provisions of the "Treatment of
Assets"clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price,if separately stated,for completed work
and services accepted by COMMERCE,and the amount agreed upon by the Grantee and COMMERCE
for (i)completed work and senrices for which no separate price is stated,(ii)partially completed work
and services,(iii)other property or services that are accepted by COMMERCE,and (iv)the protection
and preservation of property,unless the termination is for default,in which case the Authorized
Representative shall determine the extent of the liability of COMMERCE.Fallure to agree with such
determination shall be a dispute within the meaning of the "Disputes"clause of this Grant.COMMERCE
may withhold from any amounts due the Grantee such sum as the Authorized Representative
determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant
After receipt of a notice of termination,and except as otherwlse directed by the Authorized
Representative,the Grantee shall:
A.Stop work under the Grant on the date,and to the extent specified,in the notice;
B.Place no further orders or subgrants/subcontracts for materials,services,or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not terminated;
State of Washington Interagency Grant Agreement
Depar1ment of Commerce Page 10
Contract Page 029
GENERAL TERMS AND CONDIT10NS
INTERAGENCYGRANT AGREEMENT
FEDERAL FUNDS
C.Assign to COMMERCE,in the manner,at the times,and to the extent directed by the Authorized
Representative,all of the rights,title,and interest of the Grantee under the orders and
subgrants/subcontracts so terminated,in which case COMMERCE has the right,at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
D.Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts,with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require,which approval or ratification shall be final for all the
purposes of this clause;
E.Transfer title to COMMERCE and deliver in the manner,at the times,and to the extent directed by
the Authorized Representative any property whlch,if the Grant had been completed,would have
been required to be furnished to COMMERCE,
F.Complete performance of such pari of the work as shall not have been terminated by the Authorized
Representative;and
G.Take such action as may be necessary,or as the Authorized Representative may direct,for the
protection and preservation of the property related to this Grant,which is in the possession of the
Grantee and in which the Authorized Representative has or may acquire an interest.
20.TREATMENT OF ASSETS
Title to all propelty furnished by COMMERCE shall remain in COMMERCE.Title to all property
furnished by the Grantee,for the cost of which the Grantee is entitled 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,shall
pass to and vest in COMMERCE upon (i)Issuance for use of such property in the performance of this
Grant,or (ii)commencement of use of such property 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 or
approved by COMMERCE,be used only for the performance of this Grant
B.The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C.If any COMMERCE property is lost,destroyed or damaged,the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D.The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion,termination or cancellation of this Grant.
All reference to the Grantee under this clause shall also include Grantee's employees,agents or
Subgrantees/Subcontractors,
21.WAIVER
Waiver of any default or breach shall not be deemed to be a waiverof any subsequent default or breach.Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington Interagency Grant Agreement
Department of Commerce Page 11
Contract Page 030
ATTACHMENTA--SCOPEOFWORKANDBUDGETGrantee:KittitasCountyContractNo.20-6221C-115SectionA:ProjectDescription/DeliverableKittitasCountyisawardeda$292,364CDBG-CV1Grant.TheCountywillmaketheseCDBG-CV1fundsavailabletothefollowingfivenonprofits:KittitascountychamberofCommerce;HopeSource;CleElumDowntownAssociation;EIIensburgDowntownAssociation,andtheEllensburgBusinessDevelopmentAuthority,asgrantsubrecipients.ThesefundswillresultinnewandincreasedCDBGeligiblepublicservicesandmicroenterpriseassistancefortheKittitasCountyCDBG-CV1consortiumservicearea.TheprojectwillprovideessentialassistancetostabilizeeligiblehouseholdsandmicroenterprisesimpactedbyCOVID-19andcreateeconomicopportunities.Totalprojectcostsareestimatedat$292,364.Foreligiblepublicservices,theprojectwillbenefitapproximately76personsannuallyandtargetservicestolimitedclientelewithprincipallylow-andmoderate-incomes,basedonaLMIhouseholdqualificationprocess.Foreligiblemicroenterprisebusinesses,theprojectwillbenefitapproximately13-20low-andmoderate-incomemicroenterprisebusinessesbasedonaLMIqualificationprocess.CDBG-CVfundedactivitieswillprevent,preparefor,andrespondtothecoronavirus.SectionB:ProjectActivities,MilestonesandBudgetCDBGBudgetBudget'ProjectActivitiesPerformanceCodeAmount|*Mustcompleteeachbulletedprojectactivitytomeetthecorrespondingmliestone.Milestones21AGeneral$0•ExecutegrantcontractwithCommerce.BeforefirstpaymentAdmin.•Verifysubrecipientsdonothaveanactiveexclusionrecordinthefederalawardsystem(SAM.gov),requestincludedocumentationintheCDBGfile,andsubmitacopytoCommerce.=Establishsubrecipientagreementsthatincludeaquarterlybeneficiaryreportingrequirement.SubmitasignedcopytoCommerce.•Establishadministrative,financial,reporting,andrecordkeepingsystems,includingasystemtopreventduplicationofbenefit.Paymentrequests:Notmorethan•Reviewsubrecipientreimbursementrequestsandprojectcostsandinvoicesagainstprojectbudgetandmonthlycontractstartdate.Firstpaymentrequest•Oncecostsareapproved,prepareandsubmitpaymentrequestandprojectstatusreporttoCommerce-within270daysfrom•Documentreceiptofgrantfundsandreimbursementofeligiblecosts.contractexecution•SubmitaCDBGBeneficiaryReportwithin30daysofendofeachcalendarquarter.ByJan31,April30,July30.Oct31.•Completeapplicablecivilrightsrequirements.PriortoCommerce's•Conductanon-sitemonitoringofsubrecipientstoverifythegrantisusedaccordingtoCDBGon-sitemonitoringreguirementsandallcostsreimbursedareallowable.•ResolveallmonitoringissueswithCDBG.BeforerequestingAccomplishallgrantactivities.final5%ofCDBGConductafinalpublichearingtoreviewprojectperformance.awardSubmitaCDBG-CVContractCloseoutReport.•ListCDBGexpendituresinyourannualScheduleofExpendituresofFederalAwardsandarrangeanauditBeforeauditwiththeStateAuditor'sOfficetomeettheUniformGuidance(2CFRPart200).ContractPage031
SectionB:ProjectActivities,MilestonesandBudget(continued)CDBGBudgetBudgetProjectActivitiesPerformanceCodeAmount*Mustcompleteeachbulletedprojectactivitytomeetthecorrespondingmilestone.Milestones05Public$217,364•CompletetheenvironmentalreviewandprepareanenvironmentalreviewrecordincomplianceApprox.76LMISenrices:IwithNEPArequirementsforCDBG.personsreceive05Q•DevelopandestablishCDBG-CVprogram'spoliciesandprocedures,includingCDBGincomedirectservicesbyisubsistencequalification,COVID-19impactverification,preventduplicationofbenefits,andbeneficiary1/31/2023Paymentsreportingrequirements.=DeliverthedirectservicesidentifiedintheCDBGapplicationthroughthesubrecipients.05L*AllocateandmanagepublicservicesfundsasestablishedintheapprovedsubrecipientsChildcareagreementandbudget,andpreventduplicationofbenefit.Services•MeettheCDBGnationalobjectiveofprincipallybenefitinglow-andmoderate-incomepersons.=AccomplishHUD'soutcomeofincreasingtheavailabilityandaccessibilityofservicestoachieveHUD'sobjectiveofcreatingsuitablelivingenvironments.18CMicro-$75,000•CompletetheenvironmentalreviewandprepareanenvironmentalreviewrecordincomplianceBeforeprovidingenterprisewithNEPArequirementsforCDBGmicroenterpriseAssistance=DevelopandestablishCDBGmicroenterpriseassistanceprogram'spoliciesandprocedures,technicalandincludinggrant/loanterms,CDBGincomequalification,COVID-19impactverification,duplicationfinancialofbenefitprevention,andbeneficiaryreportingrequirements.assistanceConductoutreachandmarketthemicroenterpriseassistanceprograms.Developandestablishfinancialmanagementsystemsfortrackingmicroenterpriseassistance,training,grantreceipts,andrepaymentsformicroenterpriseassistance.Reviewandprocessapplicationsformicroenterpriseassistance;confirmCDBGeligibility.BeforeexecutingaCompletesecondtierenvironmentalreviewforactivitiesasneeded.microenterpriseProvidemicroenterprisetrainingandtechnicalassistance.assistanceApprovemicroenterpriseassistanceagreements.agreement.ExecutemicroenterpriseassistanceagreementstoapprovedCDBGeligiblemicroenterprises.Completeeach=Monitorprogramprogress,contractorperformance,andcompliancewithapplicablefederalandmicroenterprisestateregulations.assistance=Maintainacompleterecordforeachmicroenterpriseassistanceagreementi•MeettheCDBGnationalobjectiveofprincipallybenefitinglow-andmoderate-incomepersons.Approx.13-20LMI•AccomplishHUD'soutcomeofincreasingtheavailability/accessibilityofmicroenterprisemicroenterprisetechnicalandfinancialassistancetocreateeconomicopportunitiesandrespondtoCOVID-19ownersreceiveeconomicimpacts.assistanceby1/31/2023TOTAL:$292,364ContractPage032
STATE OF WASHINGTON
DEPARTMENTOF COMMERCE
1011 Plum Street SE •PO Box 42525 ·DIympia,Washington 98504-2525 •(360)725-4000
www.commerce.wa,gov
October 22,2020
The Honorable Brett Wachsmith
Kittitas County Commissioner,District ‡/3
205 W Sth 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,aud 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 staffing,travel and training
•Pre-applicationcosts,such as public hearing notices and documented staffing and time
for the CDBG-CVl consortium building and application
•Review of environmentallaws and authorities,including Section 106 of the National
Historic preseivationAct 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 to
implement the grant,is availablein Section 18 of the CDBG ManagementHandbook,which is
available electronically at www.commerce.wa.gov/cdbgand here.
CDBG procurement requirements must be followed before hiring professionalservices 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 advertising or 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 is
executed and the NEPA environmentalreview is complete (see enclosure for further
explanation).
All costs to be reimbursed must comply with applicable state and federalrequirements.
Additional CDBG-CV1 implementationguidance is available on the CDBG-CV website hye
and forthooming.
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 of
funds.Grantees are required to maintain an active SAM registration for the durationof their
contract by re-activating their DUNS number annually at the following website:
hllps://www.sam.uov/SAM/.
If your project is not ready to proceed,resulting in the contract's execution being delayed over
90 days from the date of this letter,the CDBG-CV1 award may be rescinded.
Your contract manager will be contacting you to develop the grant contract.Until then,if you have any
questions,please contact Kaaren Roe at 360.725.3018 or lyggespe@commerce.wago_v.
I congratulate you and others for your efforts thus far.We look forward to working with you to address
the impacts of COVID-19 in your communities.
Sincerely,
Mart K.Barkley
Assistant 1)irector
Enclosure
Contract Page 034
TIMING of CDBG FUNDING and NEPA RESTRICTIONS
Costs incurred prior to the CDBG award letter cannot be reimbursed by CDBG.Eligible costs
will be reimbursed by Commerce after a grant contract has been formally executed and the
CDBG-specific procedures under NEPA and SEPA are completed.Executing the grant
contract and completing the environmental review can occur concurrently.
Unless the activity is exempt or categorically excluded and not subject to 24 CFR 58.5 under
NEPA,the local governmentgrantee,subrecipients,contractors and all other participants may
not commit CDBG or non-CDBG funds if the activity would have an adverse environmental
impact or limit the choice of reasonable alternatives.This restriction applies to activities as of
the date the CDBG program receives jhe gragl_application.Portions of preliminary design
work needed for completion of the environmentalreview are allowable.
Title 1 of the Housing and Community DevelopmentAct of 1974 as amended and the
environmentalreview procedures found in 24 CFR 58.22 apply to any activities as part ofa
CDBG project.The environmentalreview activities completed for other federal or state
funding can contribute towards but not entirely meet the CDBG-specificprocedurefor NEPA
and SEPA.Section 6 of the COBO Management 11andhook providesfurther detail and the
necessary CDBG forms.
Project Phase Restrictions on Eligible Activities
Before CDBG With the award letter,the grantee can begin to incur costs up to 10%ofcontractisawardforthefollowingactivitieswhichdon't require an enviromnentalexecutedandreviewIFthegrantapplicationrequestedCDBGfundingofthesecosts:environmental
review is Administration:Executing the CDBG contract.Establishingcompleteadministrative,financial,reporting,and record keeping systems,including
staffing,travel and training.
Environmental Review:
Review of environmental laws and authorities,including 24 CFR 58.5 and
Section 106 of the National Historic Preservation Act of 1996,such as:
•Consultationletters to affected tribes
•Cultural resource survey
•Floodplain/wetlanddetermination
Preliminary engineering feasibility studies for the environmental assessment
such as surveying and geotechnical or geophysical analysis (excluding
ground-disturbingactivity of over one cubic sq.ft.).
Subcontracting:Subrecipient agreetnents or professionalservice contracts
for any of the above activities.
Contract Page 035
All eligible costs will be reimbursed after:After CDBG 1.The applicable level of environmentalreview is documented andcontractcomplete,and funds have been released (see environmentalreviewexccationguidancebelow);
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 fimding,all costs must be allowable under federal
cost principles and CDBG regulations,and identified in grant application's
project budget as to be funded by CDBG.
While The local govennnentgrantee must complete the applicable environmental
.review procedures depending on the type of project:completmg
the 1.Activities deepinented by the grantee,and confirmed by Commerce,as
environmental exempt or Categorically Excluded and wílhogi ingine)to 24 CFR 58.5
review laws,historical structures or culturally sensitive land may proceed with
commitment of CDBG and non-CDBG funds.
2.Activities that are Categorically Excluded and impact 24 CFR 58.5 laws,
or activities requiring an environmentalassessment and a Finding of
Non-Significance(FONSI),must be siosaunente_d appropriatelywith a
request for release of CDBG funds submitted to Commerce.
Only after the Commerce comment period is ended and funds are
released,may CDBG and non-CDBG funds be committed 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 of the 01180 Manngement Ilandhonk provides further detail
and the necessary CDBG forrns to complete the environmental review.
Contract Page 036
ATTACHMENT 6-G(1)
NEPA
Determination of Exemption &
Determination of Categorical Exclusion (not subject to Section 58.5)
Determination of activities per 24 CFR 58.34(a)and 58.35(b)
Local 6overnment Name:Kittitas County .Contract Number:20-6221C-115
Address:205 W 5th 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 local microenterprise assistance
programs;rental and mortgage assistance and daycare expenses for people who have lost income due to COVID-19 impacts.
All CDBG funded activities must benefit low-and moderate-income persons or mcot the CDBG urgent need national objective
criteria.
Funding Source:WA State CDBG [Other Funding sources:
V The activity falls into the checked category below,and listed at 24 CFR 5834(a)as Exempt.
O 1.Environmental and other studies,resource identification,and developmentof plans and strategies
2.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 services
concerned with:
O =Employment *Recreation needs •Energy conservation
*Crime prevention =Drug abuse •Welfare
•Child care -Education •Other
•Health a Counseling
O 5.Inspections and testing of properties 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 to
protect,repair or arrest the effects of disasters or imminent threats to public safety,including those resulting from
physical deterioration.
11.Payment of principal and intereston loans made or obligations guaranteed by HUD
The activity falls into the checked category IIsted below,and is listed at 24 CFR 58.35(b)as a Categorically Excluded i
actMty not subject to Sectlan 58.5.
O 1.Tenant-based rental assistance
2.Supportive Services (including but not limited to)
=Health care •Nutritional services
•Housing services •Short term payments for rent/mortgage/utility costs
Permanent housing placement •Assistance in gaining access to government benefits/services i
Day care
3.Operating Costs:
Maintenance •Utilities •Supplies
•Security =Furnishings •Staff training and recruitment
Operation •Equipment
Contract Page 037
ATTACHMENT6-G(2)
NEPA
4.Economic Development Activities:
Equipment purchase Interest subsidy
•Inventory financing Operating costs
Other expenses not associated with construction or expansion
5.Activities to assist homeownership of existing or dwelling units under construction,including:O •Closing costs and down payment assistance to homebuyers
Interest buy downs or other actions resulting in transferof title
6.Affordable housing pre-development costs
Legal consulting
O •Developer and other site-option costs
*Projectfinancing
•Administrative costs for loan commitments,zoning approvals,and other activities which don't have a physical impact i
7.Approval of supplemental assistance (including insurance or guarantee)to a project previously approved under Part58,if:
O the same responsible entity conducted the environmental revlew on the original project and re-evaluation of the
environmental findings is not required under Section 58.47
Additional HUD Laws &Authorities (24 CFR 58.6)
Section 1.Flood Disaster Protection Act
Sectíon 58.6 regulres compliance with the Flood Disaster Protection Act.However,under 24 CFR 55.1(b)(1)the prohibitions are
not applicable to HUD financial assistance under the State-administered COBG Program (24 CFR part 570,subpart I).Therefore,the
Act does not apply.
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 of
an existing property?O YES NO
Proceed to Section 3-Continue
|regulation does not apply.
Is the project located within 2,500 feetof a civil airport or 15,000 feet of a military airfield?O YES NO
Continue Document &proceed to
Section 3-regulation
does not apply.
Is the project located within an 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 (APZ),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 the
|potential hazards from airplane accidents and the potential that an airport or airfield operator may wish to purchase the property
at some point in the future as part of a clear zone acquisition program.Maintain copies of the signed notice.For properties
located in a military clear zone,make and document a determination of whether the use of the property is generally consistent
with DOD guidelines.Notice Sample;
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Section 3.Coastal Barrier Resources Act.
Section 58.6 also requires compliance with the Coastal Barrier Resources Act.There are no Coastal Barrier Resource Areas in
|Washington State.Therefore,the Act does not apply.
NEPA CERTIFICATION
A Request for Release of Funds (RROF)is not required for this project.The activity may be initiated without further environmental
review beyond 24 CFR Part 58.6.
SEPA CERTIFICATION
The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental Protection Act (SEPA,
chapter 43.21C RCW)and has determined:
Contract Page 038
ATTACHMENT 6-G(3)
NEPA
El The project is categorically Exempt under SEPA WAC 197.11.800
OR
O The project does not have a probable adverse impact on the environment (WAC197-11-970)and an environmental impact
statement is not required.Documentation supporting the Determination of Non-significence is contained in the Environmental
Review Record.
Preparer Name (print):Judy Pless
Title:Budget &Finance Manager
Signature:Date:02-26-2021
Chief Administrative Official (print):Brett Wachsmith
Title Chairinan,Board of County Co Issloners
Signature Date:03-02-2021
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