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HomeMy WebLinkAboutWSU Subcontract Broadband Action Team\Aftg1rlcroN SrerE@m Subcontract Prime Contractor Subcontractor Address: Office of Research Support and Operations Lighty 280 PO Box 647060 Pullman, WA 99164_1060 n izationstitution/Organ {"Prime t'Recipien Na me:Wash Statengton Un iversity on/Organization {"subcontractor") Address: 205 W 5th Ave Ste 10g Ellensburg, WA 98926 lnstituti EIN No.: 91-6001349 UEt:WQ23XPSSAU44 Name: County of Kittitas Prime Contract No.; 23,66233_001 Subcontract No. 143035 WSU001O66 rtment of CommerceState Su bcontract ofPeriod rformPe ance 59,1,77.00Amount Funded this Action:Project Title: Broadband Action 1-eam Implementation and Support (BAT) RequirementsReporting herelCheck if applicable:5ee hAttac mee nt 4 By an Officia I of Subcontractor: Date s /ttz /za award number. :nd cerilflcailon as to truth and accuracy of lnvoice lsee Attachment i foi Slrpfu ,n"olce). lnvoices that rlo not reference prlme Recipient,ssub"award number shall be returned to sub'recipient' lnvoices and questlons concerfling iivotJu re.eipt o, payments shourd be directed to the approprrateparty'' Financlal contact as shown ln Attachm0nt I' lrime relipient reserves the right tJruquuri rno the sub-recrpisnt agrees to provide supporrngdocurnentation of 5ub-reclpienls costs ln the event the Prlme Recipient rs required to provrie such documentation !o irs sponsors or there are perlormancsissues whlch cause the Prime Recipienl to questlon lhe rcasonableness, allowabillty of allocabillty of costs btlled. 3 A final lnvolce marked "FlNAl-/' must be submitted to the prime Contractor,s Financial Contact, as shown in Attachment 3 not later than 15th ol June 2023 l5ilH:"jifjJiod' Prime coniractor shall make the final'pavrnent to subcontractor upon completion of alt required detiverabres and reporrs as indicated :lllffJJ:J::*ili^iilHi:::ifjff:Hffi:",ect to adjustment w*hin th€ rotar estimared cosr in the event such adjustmenr is necessary as a resurt ;|ff:H:*terning the technical performance of this subcontract should be directed to the appropriate party,s principar rnvestigato, as shown in 6) MatlBrs conc€loint the request ol..negotiatlon of any changes in the t€rms, COndiilOns, or amounts clted in this subcontract agreement, and any changesrequlring prlor approv€1, should be directed to the approprrate partv's Admrnistrative contact as shown in Attachment 3. Any such changes m6de to thisSubcontlafi requir€ the written approval of each party s'nuinortred official, ar shown ln Attachment 3. l,lfrt": tl'll-tl"ll be responsible for its neglisent acts or omissions and ihe ne8liSent acts or omissions of its emptoyees, officers, or director,s, to the extent 8) Either party may telminaie this subcontract with thirty days written notice to the appropriate party,s Administrative contact as shown in Atlachment 3. 9) No-cost extensions require the approval of the Prime contractor. Any requests for a no-cost extension should be addressed to and rec€ived by theAdministrative contact' as shown in Attachment 3, not less than thi*y (30) jays prior to the oesirea erfective date of the .equested change. 1?J.l"r::?t".*tact is subiect to the terms and conditions ofthe Prime Award and other speciat terms and conditions, as identified in 1 1) By signing below subcontractor makes the certifications and assurances shown in Attachments 1 and 2. By Terms and Conditlons1) Prime Contractor hereby awards a fixed-price conditional subcontract, as described above, to Subcontractor. The statement of work and budget for thissubcontract are as shown in Atta chment 5. ln its performance of the subcontracted work,Subcont,acior shall be an independent entity and not an employee oragent of Prime Contractol offi lof st9 Dan Nordquist --'Date:J013'osj q * AVP/DVP. Authorized official 121'59|;05 -l@t7'00' Attachment 1 WSU Subcontract Certifications and Assurances By signing the Subcontract, the authorized official of Subcontractor certifies, to the best of his/her knowledge and belief that Subcontract shall maintain books, records, documents and other evidence which sufficiently and properly reflect all costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, and/or officials so authorized by law. All books, records, documents, and other material relevant to this Subcontract will be retained for three years after expiration and audit by personnel of both parties, other personnel duly authorized by either party, and/or officials so authorized by law shall have full access and the right to examine any of these materials during this period. Attachment 2 WSU Subcontract Prime Award Terms and Conditions See attached Prime Award Agreement The Prime Award Terms and Conditions contained in this Attachment are modified to the extent where applicable as follows: r "Contract" shall mean "subcontract"; r "Commerce" shall mean "Washington State University"; o "Contractor" shall mean "Subcontractor"; DocuSign Envelope lD: AE8E006C-30A5-4332-AFl E-D6ACDCECFAFT t%%t Washington State Department of Commerce lnteragency Agreement with Start date: July 1, 2022 Washington State University Extension through Washington State Broadband Office Broadband Action Team and Support Project DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT Special Terms and Conditions Contract Management... Compensation .... Expenses...... Billing Procedures and Payment... TABLE OF CONTENTS 1. 2. 3. 4. 5. o. 7. 8. 9. Authority..... Subcontractor Data Collection..... Fraud and Other Loss Reporting... Order of Precedence........... General Terms and Conditions Defin itions All Writings Contained Herein... Amendments ....... Assignment..... Confidentia lity and Safeguard ing of lnformation...... Copyright .,.. Disputes Governing Law and Venue.......... lndemnification.. Licensing, Accreditation and Registration Recapture Records Maintenance Savings Severability Subco ntra cti ng.. Survival ......... Termination for Cause Term inatio n fo r Conve n ie nce..............,.... Termination Procedures Treatment of Assets. Waiver.,....... 1. 2. 3. 4. 5. 6. 7. 8, 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. L 1 1 L T 2 2 2 2 3 3 3 3 3 4 4 4 5 5 5 5 5 5 5 6 6 6 6 7 8 Attachment A, Scope of Work and Budget DocuSign Envelope lD: AE8E006C-3045-4332-AF1 E-D6ACDCECFAFT FACE SHEET Contract Number: 23-66233-001 Washington State Department of Commerce State Broadband Office 1. Contractor Washington State U niversity PO Box 641025 Pullman, WA 99164-1025 2. Contractor Doing Business As (optional) 3. Contractor Representative MichaelJ. Gaffney Assistant Director, WSU Extension 509-335-4611 mjaffney@wsu.ed u 4. COMMERCE Representative Mark Vasconi Office of Broadband, Director 360-918-1241 Ma rk.vasconi@commerce.wa.gov PO Box 42525 L011 Plum Street SE Olympia, WA 98504 Amount 6. Funding Source Federal:f state:I other:! ru7n: 7 07/01./2022 8. End Date 0 9. Federal Funds (as applicable) N/A Federal Agency: N/A CFDA Number N/A 10. Tax lD # N/A 11. SWV # swvo000107-14 12. UBt #13. UEt # N/A 14. Contract Purpose To provide capacity in collaboration with WSBO to support the implementation and advancement of Broadband Action Teams (BATs) and the capacity for digital equity at the local level across the State of Washington, Extension proposes the following areas of work: Broadband Action Team Support, and County and Tribal Nation DRAFT Digital Equity Plan Development. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment"A" - Scope of Work and Budget, l^^lt A^tduilr ener,Assistant Director, Office of Research Date Support and Operations 8/5/2022 | 8:32 AM PDr FOR COMMERCE ln",t"ii,, ]/--atrttffi tff3?1f3y, Ass i sta n t D i re ct o r, Lo ca I G ove r n m e n t D ivi s i o n 8/8/2022 | 8:57 AM PDr Date APPROVED AS TO FORM ONtY BY ASSISTANT ATTORNEY GENERAL O8l22l2OL9. APPROVAL ON FItE. ilt DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS L. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative foreach ofthe parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. ive for COMMERCE and their contact information are identified on the Face Sheet of this Contract The Representative for the Contractor and their contact ofthis Contract. on the Face Sheet Updated August 2019 Page 1 3. COMPENSATION COMMERCE shall pay an amount not to exceed $*,g9s-B0+for the performa nce of all things necessary for or incidentalto the performance of work underthis Contract as set forth in the Scope of Work. 4. EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed*499'FeS which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 5. BIttING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Agreement. When requesting reimbursement for expenditures made, the Contractor shall submit to COMMERCE a signed and completed lnvoice Voucher (Form A-L9), that documents capitalized Project activity performed for the billing period. The Centraeter ean submit all lnvsiee Voucherrand any 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 Agreement Number listed on the contract Face Sheet. lf expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of 550.00 or more in order to receive reimbursement. Quarterly Reports are required as stated in Attachment A- Scope of Work and Budget. COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. 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 Agreement. COMMERCE may, in its sole discretion, terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Agreement. State of Washington Department of Commerce lnteragency Agreement DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT SPEGIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. lnvoices and End of Fiscal Year are due on the 20th of the month followi ng the provision of services. Final invoices fo ra r may be due sooner than the 20th and Commerce will provide notification of the end of fiscalyear The grantee must invoice for all expenses from the beginning of the contract start and end date. thro ugh June 30, regardless Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. SUBCONTRACTOR DATA COLLECTION Contractor 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 Agreement 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. 8. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE ln the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: . Applicable federaland state of Washington statutes and regulations . SpecialTerms and Conditions . GeneralTerms and Conditions r Attachment A - Scope of Work and Budget State of Washington Department of Commerce Updated August 2019 Page 2 lnteragency Agreement DocuSign Envelope lD: AE8E006C-30A5-4332-AFl E-D6ACDCECFAFT GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS L. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director andlor the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E- mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal lnformation" shall mean information identifiable to any person, including, but not limited to, information that relatesto 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. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. AtL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regardingthe subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnelauthorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential lnformation" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractorthat may not be disclosed under state or federal law. B. The Contractor shall comply with allstate and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential lnformation. The Contractor shall use Confidential lnformation State of Washington Department of Commerce Updated August 2019 Page 3 lnteragency Agreement DocuSign Envelope lD: AE8E006C-3045-4332-AFl E-D6ACDCECFAFT GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential lnformation to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential lnformation or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality, COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor 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 Copyright in all Material produced under this Agreement shall be the property of the state of Washington. Both Contractor and COMMERCE may use these Materials, and permit others to use them, for any purpose consistent with their respective missions as agencies of the state of Washington. "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 delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor 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 Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, 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 Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES ln the event that a dispute arises underthis 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 shalljointly 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 finaland binding on the parties hereto, State of Washington Department of Commerce Updated August 2019 Page 4 Interagency Agreement DocuSign Envelope lD: AE8E006C-3045-4332-AF1 E-D6ACDCECFAFT GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 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 tAW AND VENUE This Contract 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 Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessaryforthe performance of this Contract. 11. RECAPTURE ln the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract 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 contract. The Contractor 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 underthe contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. lf 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 findings involving the records have been resolved. 13. SAVTNGS ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. ln lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. State of Washington Department of Commerce Updated August 201 9 page 5 lnteragency Agreement DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 14. SEVERABITITY The provisions of this contract are intended to be severable. lf anyterm or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. lf COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. ln no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURV|VAI The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE ln the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. lf corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. ln the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.9., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract, A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (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 contract are not exclusive and are in addition to any other rights and remedies provided by law, State of Washington Department of Commerce Updated August 2019 Page 6 lnteragency Agreement DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. lf this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired forthe performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor 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 underthis contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; 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 Contractor under the orders and 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 subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and su bco ntracts, wit h the a p prova I or ratification of the Autho rized Re presentative to th e exte nt 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 which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; a nd State of Washington Department of Commerce Updated August 201 9 Page 7 lnteragency Agreement DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related tothis contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest, 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, 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 Contractor shall, unless otherwise provided herein or a pproved by COMM ERCE, be used only for the performance of this contract. B. The Contractor sha ll be responsible fo r any loss or damage to property of COM M ERCE that resu lts from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. lf any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. ' D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Department of Commerce Updated August 2019 Page 8 lnteragency Agreement DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT Attachment A Scope of Work and Budget Department of Commerce, Washington State Broadband Office Washington State U n iversity Extension Broadband Action Team lmplementation and Support Proposal Washington State University Extension (Extension) has a County Extension presence in every county in Washington, along with a Colville Tribal Extension office and other offices and operations. Extension has experience with the formation and support of Broadband Action Teams (BATs) at the local level, has participated in efforts to increase BAT capacity at a national level, and has previously entered into a Memorandum of Understanding with the Washington State Broadband Office (WSBO)to support BAT work in Washington. WSBO and Extension are desirous of expanding BAT activity across Washington, and to expanding equitable access, adoption and application of broadband technology. To provide capacity in collaboration with WSBO to support the implementation and advancement of Broadband Action Teams (BATs) and the capacity for digital equity at the local level across the State of Washington, Extension proposes the following areas of work: Broadband Action Team Support, and County and Tribal Nation DRAFT Digital Equity Plan Development. Broadband Action Team Support Assessment and lncentives: Some counties and federally recognized tribes already have mature BATactivity, some have nascent programs, and some are in need of help initiating a BAT project. lt is important to assess the level of activity and need/demand for county-level and tribal-level support from both local Extension offices and WSBO. Tied directly to this variability is a need to incentivize BAT formation, operation, and "success." The effort to achieve these goals can be supported by Extension, if incentive structures can be provided by WSBO. WSU proposes that "srlccess" for a BAT in terms of this project be defined as: Formation of an organized working group which inclusively represents the variety and breadth of interests regarding: . equitable broadband access, adoption, and application in each county and tribe r completion of the 15 week "Missouri" BAT curriculum being finalized by the National Digital Education Extension Team (NDEET), and r submission of a plan for enhanced broadband access and adoption in that county or tribe. Achievement of these milestones may entitle a BAI in association with WSU, access to continued support, the ability to compete for limited grant funds, or other incentives as determined by WSBO. Organizational Structure : Extension will develop a cadre of Extension Broadband practitioners to support BAT formation and activity at the county, regional, tribal, and statewide levels. This cadre will be overseen by Extension leadership, and wilI be directly led by a State Broadband Coordinator. This State Broadband Coordinator will be supported by an Associate Coordinator who will provide subject-matter expertise. Eight Regional Coordinators will provide direct support to Extension County offices within their defined regions, will be qualified to provide the NDEET training, and will directly conduct BAT support activities within their DocuSign Envelope lD: AE8E006C-30A5-4332-AFl E-D6ACDCECFAFT Attachment A respective regions as necessary and appropriate perthe willing partnership and invitation of the county or tribe. County Extension offices will provide logistics and administrative support. This project will include a specific evaluation component designed both to inform program development and adaptation for improvement, and to provide a culminating evaluative report of the project which can inform future BAT and digital equity work in Washington and elsewhere. Deliverables narrative: The heart of this work is localdigitalequity planning. BATs are a proven modelfor developing necessary momentum for communities to advance digital equity work and to close the digital divide. To this end, deliverables forthis project include the support of existing BATefforts, and the initialoffer of the formation of a BAT in each county and federally recognized tribe which does not currently have an active BAT1, the development of a regional BAT support structure, delivery of the NDEET curriculum and support for the development and submission of a county or tribal BAT plan for each county or tribe. All county and tribal BATs will be supported by this project over the term of the project with a combination of local, regionaland state-level Extension resources. The project goal is to develop sufficient local support structure to establish a sustainable, productive BAT in each county and tribe, as evidenced by the "success" factors defined above. Each BAT should, to the maximum extent practicable, have representation from public and private organizations, communities representing people of color, social services delivery organizations, schools, health care providers, representation from Tribal Nations, representatives from the hearing impaired and disability communities as well as representatives from the elderly community and representatives from migrant and refugee communities. WSU Extension will conduct, in consultation with WSBO, a questionnaire of each of the 39 counties and 29 Federally recognized tribal nations to gauge their interest in participating in this BAT program, in developing draft digital equity plans, and their interest in utilizing the WSBO resources that provide economic assessment of proposed projects as well as grant-writing assistance provided by third party vendors. As a means to add further value to BAT program participants and other interested attendees, Extension, in partnership with WSBO and the Office of Equity, will work to convene and facilitate up to two digital equity webinars that are optionalfor all BATs and other attendees. Webinars will share updates about current and future digital equity planning efforts at the state level, sharing best and promising practices and resources, case studies of broadband projects planned, underway and completed, and training as available. These webinars will be required for recipients of the competitive funding grants to support digital equity planning. Funding recipients will be required to actively engage in these webinars. See next area of work for details on funding recipients. 1 For those counties and tribes where after good faith attempts a BAT cannot be formed, a regional BAT comprised of multiple counties, or subdivisions of particular counties, may be used. DocuSign Envelope lD: AE8E006C-3045-4332-AFl E-D6ACDCECFAFT Attachment A BAT Deliverables lmpact Due date Questionnaire: ln consultation with WSBO, develop, distribute, collect and categorize results of a questionnaire that will be sent to each of 39 counties and 29 Federally recognized tribal nations. Measure the anticipated participation in: r BAT program o WSBO resources for: o economic assessment of proposed projects o grant-writingassistance o competitive application for local digital equity planning funds August L9,2022 BAT status report: summary of outreach efforts and activities to date in each county and federally recognized tribe. lnclude progress on completion of NDEET training to all BATS. Demonstrate partnership with counties and tribes to support and/or augment their local BAT efforts. December 1,,2022 January 15,2023 BAT status report: final report of outreach efforts and activities to date in each county and federally recognized tribe. lnclude progress on completion of NDEET training to all BATs. WSU Extension will provide contacts for those who are leading each BAT. Describe how the efforts and engagement of WSU Extension helped to advance BAT formation and effectiveness in counties and tribes within Washington state. Provide contact information so WSBO can continue supporting this work. June 30,2023 Digital Equity Webinars: ln partnership with WSBO and the Office of Equity, convene and facilitate up to two digital equity webinars that are optionalfor all BATs and other attendees but are required for recipients of the competitive funding grants to support digital equity planning. Funding recipients will be required to actively engage in these webinars. Deliver value to BATs, funding awardees, future potential funding applicants, providers, utilities and others regarding ongoing digital equity work in Washington state. TBD throughout contract period DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT Attachment A Countv and Tribal Nation DRAFT Disital Equitv Plan Development e 2022 Legislature provided the WSBO with 53,000,000 to support local digital equity planning efforts fo h of 39 counties and 29 federally recognized tribal nations (recipient(s)that submit a qualifying appli n. ln order to effectively deploy these funds, WSBO will partner with Extension to distribute these fu follow ing these process requirements: . ana that meets minimum qualifications to be developed in coordination with WSBO; a partiall application requirements is as follows o app demonstrates effective plan for utilizing funding toward the completion of a draft or tribal-level digital equity plan, spend plans for baseline funding and total project costs, ando applicant i o list of local sta efforts. ers agreeing to participate in ongoing digital equity planning o a webinar outlining the appl req u irements . baseline funds of 520,000 available every county or tribe who submits a q ua lifying a pplication r competitive funding available up to tot a pplications roject cost based on review and scoring of Extension will oversee the management and developme substantive draft digital equity plans (plans) that will be submitted to wsBo and Extension on or re June 15,2023. Each recipient willproduce a draft digitalequity plan that detai needs of each County or federally recognized tribal nation and propose specific plans and projects promote and support digital equity. The draft plans will identify: o stakeholders involved in plan development ld be developed in orderto o the outreach and groups within the county or tribe that have efforts, including key stakeholders identified in the Bipartisan applicable.'z . process employed to inform the draft plan o local and regional broadband service needs and gaps, including o unserved or underserved locations, and o community anchor institutions without gigabit service. o barriers to digitalequity faced by covered populations as defined in the Bipartisan lnfrastructure Law. . proposed programs sufficient to promote and support digitalequity Executed contracts for this work will include: o factors for Extension monitoring progress of plan development, including monthly summaries of common themes and novel challenges identified by those drafting plans, and . requirement to actively participate in one of two digital equity webinars being co-hosted by WSU, WSBO and the Office of Equity throughout the grant period. Extension will regularly update WSBO on expected unspent funds from this funding opportunity so that WSBO can re-allocate those funds to other digitalequity efforts. To receive reimbursement for this funding and the administrative work to support it, WSU Extension will submit invoices to SBO as counties and tribes submit invoices to Extension. n included in the BAT ructure Law where 2 H.R 3684, https://www.congress.govl1,I7 /bills/hr3684/B\LLS-1"L7h13684enr.pdf DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT Attachment A Digital Equity Plan Deliverables lmpact Due date Plan for competitive grant application: Submit to WSBO a plan to develop, deploy, receive, review and award (review and award in partnership with WSBO) and monitor a baseline and competitive grant application to award funding to support drafting a local digital equity plan. Awards must be made no laterthan November 1-5,2022; contracts to follow. Demonstrate avai lability of funds to support local digital equity planning at the county and tribal levels. August 79,2022 Competitive grant awards: Provide to WSBO a summary report of awards made to include, recipient agency, point ofcontact, total project amount, and amount of totalaward. Demonstrate com pletion of competitive grant application award cycle. November L5, 2022 Competitive award contracts: Provide to WSBO a copy of each executed contract with agencies receiving local digital equity planning funds. Demonstrate completed contracts for local digital equity planning efforts. December 15, 2022 Anticipated unspent funds report to WSBO Demonstrate ongoing monitoring of draft plan development. Demonstrate good stewardship of funds to be re-allocated. January L5,2023 April1,,2O23 Monthly summary of common themes and novel challenges identified by funding recipients that are drafting plans. Demonstrate ongoing performance monitoring of draft local digital equity plans. Provide WSBO with critical local input to inform the wA state Digital Equity Plan due in a pproximatelv October 2023. February L,2023 March I,2023 April L,2023 May t,2023 Digital Equity DRAFT Plan: Provide to WSBO a copy of each draft digital equity plan received by each grant awardee. Demonstrate success in awarding grant funds to support local digital equity planning. June L5,2023 DocuSign Envelope lD: AE8E006C-30A5-4332-AF1 E-D6ACDCECFAFT Attachment A Proposed Estimated Budget (Approximate, not to exceed 52,99S,000): Either direct hiring or re-prioritization of existing employee efforts will be necessary to support this project. ln addition, direct support fo r county operations and participants will be necessary to achieve results in the timeline provided Direct Cost: S 493 TOTAL:$7,995,000 \sitions and Direct Project Administration Cost Exte\o n Leaders h i p Oversight S77,ooo Project bogrd inator S136,ooo Associate Pb(ect Coo rd inato r/S M E Srzo,ooo 8 Regional Extei\iqn Broadband Coordinators s8o8,ooo Student Support Wo\rs s49,ooo Data Collection QuestiolrqQ i re Ad m i n ist ration s5o,ooo Administrative Support \S5o,ooo Direct Support Cost Direct County & Tribal Office BAT support \s60o,ooo Extension Office Support 5800,000 Local participant 7 logistics support (food, parking, etc.) \S+oo,ooo Digital Equity Planning Direct Support (58)374,000 Travel S:so,ooo Equipment and Supplies 5124,424 County and Tribal Nation Digital Equity Plan Development Stipends . S3,ooo,ooo WSU Facilities and Administration (lndirect Cost RecoverV:26%l Sr,ose,soz' DocuSign Envelope lD: AE8E006C-3045-4332-AF'l E-DOACDCECFAFT flrr.t Washington $tate Deoartment of Cornmerce DocuSign Routing Form SBO Unit *** This form is completely customizable. You can edit or remove the information above. Note: this is for DocuSign recipients with the Recipient action of NEEDS TO SIGN can initial that they have reviewed and approved the document in DocuSign. This is the only way they will be able to void (stop) the DocuSign envelope if an error is found. *** ** This document is set up to be merged out of CMS, if you choose to use it as is. Click here for How to Merge Documents from CMS lnstructions. ** Review by (Titlel:Name:Date:lnitials: SBO lnfrastructure Programs Manager Connie Rivera 8/s/2O22 | L r, '{-m 'o' LGD Deputy Assistant Director (before AD signature) Tony Hanson 8/8/2022 | 8 o'@' Updated February 2O2L DocuSign" Certificate Of Completion Envelope ld: AE8E006C30A54332AF1ED6ACDCECFAF7 Status: Compteted Subject: Please Docusign: WSU 23-66233-001 lnteragency Agreement.docx, SBO Countract Routing Form.docx Division: Local Government Program: State Broadband Office ContractNum ber: 23-66233-001 DocumentType: Contract Source Envelope: Document Pages: 18 Signatures: 2 Certificate Pages: 5 lnitials: 2 AutoNav: Enabled Envelopeld Slamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 81412022 8:43:07 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Matt Michener matthew.michener@wsu.ed u Matthew Michener, Assistant Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 81512022 8:31 :20 AM lD: 3937eef0-0655-4a52-b924-5802338d661 e Connie Rivera connie. rivera@commerce.wa.gov Security Level: Email, Accounl Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tony Hnason tony.hanson@commerce.wa.gov Washington State Department of Commerce Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Connie Rivera connie. rivera@commerce.wa. gov Pool: StateLocal Pool: Washington State Department of Commerce Signature ^,r41+ A,nd';u^tr Envelope Originator: Connie Rivera 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 connie. rivera@commerce.wa.gov lP Address: 198.239.1 57.62 Location: DocuSign Location: DocuSign Timestamp Senl: 81 412022 8 :43:28 AM Viewed: 81512022 8:31:20 AM Signed: 8/5/2022 8:32:43 AM Sent:. 8l 512022 8 :32:45 AM Viewed: 81512022 10:20:58 AM Signed: 8/5/2022 1O,'2'l:23 AM Sent: 81512022 10:21 :26 AM Viewed: 81812022 8:45:57 AM Signed: 8/8/2022 8:47:30 AM lsa{sloEMrc Signature Adoption: Pre-selected Style Using lP Address: 69.166.59.4 Signature Adoption: Pre-selected Style Using lP Address: 147.55.134.122 Signature Adoption: Pre-selected Style Using lP Address: 198.239.10.243 G G Signer Events Mark Barkley m ark.barkley@commerce.wa. gov Assistant Director Washington State Department of Commerce Security Level: Email, Account Authenlication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ln Person Signer Events Editor Delivery Events Agent Delivery Events lntermediary Delivery Events Gertified Delivery Events Carbon Gopy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Signature Signature Adoption: Pre-selected Style Using lP Address: 198.239.106.163 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Sent 81812022 8:47:32 AM Viewed: 8!812022 8:57:25 AM Signed: 8/8/2022 8:57:35 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 81412022 8:43:28 AM 81812022 8:57:25 AM 81812022 8:57:35 AM 81812022 8:57:35 AM Timestamps ffi*', Payment Events Status Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 8l11l2O2O 4:44:12PM Parties agreed to: Matt Michener DocuS access ELECTRONIC RECORD AND SIGNATURE DISCLOSURE time to time, Washington State Department of Commerce (we, us or Company) may be req by law to provide to you certain written notices or disclosures. 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Box 642630 Pullman, WA 99164-2630 Telephone: (509) 335-461 1 Fax: Email: mjgaffney@wsu.edu Project Director Name: Cory Wright Address: 205 W 5th Ave Ste 108 Ellensburg, WA 98926 Telephone: 509-962-7508 Fax: Email: cory.wright@co.kittitas.wa.us Financial Contact Name: Elizabeth Jinks, Director, Sponsored Programs Services Address:Wash ington State University Sponsored Programs Services PO Box 641025 Pullman, WA 99164-1025 (s09) 33s-20s8Telephone Fax: Email:sps@wsu.edu Financial Contact Name: Address Brian Carlson 205 W 5th Ave Ste 108 Ellensburg WA 98926 Telep hone: 509 -962 -7 502 Fax: Email: brian.carlson @co.kittitas.wa. us Authorized Official Name: Address: Dan Nordquist, Associate Vice President Washington State University Office of Research Support and Operations Lighty 280 PO Box 641060 Pullman, WA 99164-1060 Telephone: Fax: Email: (s0s) 33s-9661 (s09) 33s-08e0 orso@wsu.edu Authorized Official Name: Address Cory Wright 205 W 5th Ave. Ste 108 Ellensburg WA 98926 Telephone: 509-962-7508 Fax: Email: cory.wright@co.kittitas.wa.us lnvqicir!e and Fundine Distributlons i: $*ru:::iffi ;i,llTtri i ilTffi r.,,J i[ilr HH, :: J" * ve f u n d n g3. paymenrs wm b.e as rrr,"*, frii"r;;.;Trr_ required.a' Broadband Action Planning-' Upon completion of worksheets 1 - 4 of the attached workbookwith respect to Broadband,Action, , ou.n.lorl',ng entity sharr receiveln" ,r,n of s10,000.r ;ff;::JJretion of worl rr,,""t, i;, ;;; il, ,r, ,ro rs an addii;"rr ,un., of Ss,00o sha' bec ;$'1i::il:'Ji:,iliil;#!!!{,i'::':J#,T"Jfiffi,:;:1Ii;iJ,T:.., ,. D s ,a Equ ,v, ffi:i:Hi?ffi,rTilfrn".:'*:,;, ffi;],il, ,, orthe ",i,J.J workbook, and additiona,e' Responsible Entities which opt to complete both Broadband Action and Digitar Equity pranningi:rilT[:i:ce with the attached wortiooL *iri'r.."iu" both sets orirna,n, distribution as ser Reportins Reouiremeng 4' Progress and final reports will be required as requested by prime contractor,s project Director, ATTACHMENT4 WSU SUBCONTRACT Match-Requirement 5 Cost Share Requirement = $0 Federal Wide Assurance # (suBcoNTRACroR 1LEASE COM4LETE THE ASSURANCES SECT(\N BELOW) Assurances Project does not involve recombin ant DNA.Project i nvolves recombi nant DNA and was either aApproval by the lnstituti onal Biosafety Committee (lBC) on pproved ()or determined to be exempt( )from the NlH. (Date)_ Project does not involve verte brate animals.Project involves vertebrate animals and was approved by the lnstitutional Ani mal Care and Use Committee (IACUC) on (Date). OIAWAnimal Assurances Project does not involve human subjects. and was approved by the lnstitutional Review Board (l Project invol ves human subjects RB) on gNzuEToF tNrEREsr 129 The Collaborator certifies by signature to this subcontract that it has a federa,y compriant confrict of interest poricy, (Date). Attachment 5 WSU Subcontract General Scope. The Participants will conduct local broadband-related planning activities as set forth below. The Participants will maintain regular and reasonable contact and engage in discussions regarding [subject of research] collaboration and the activities listed herein. Each Participant will identify representatives responsible for overseeing matters pertaining to this MOU. Specific Activities. The Participants intend to collaboratively pursue the following activities and goals: Upon execution of this Statement of Work, WSU Extension will transfer an initial amount based on the types and amount of planning work to be undertaken to the signing entity, in exchange for which said entity will support initial inclusive planning efforts to accomplish a county or Tribal level Broadband Action Plan, Digital Equity Plan, or both, with components as listed below. As each plan component is completed in draft, it will be submitted via the WSU Portal, with all components submitted in draft form no later than June 1,4,2O23. D. Countv or Tribal Level Broadband Action Plans will i nclude allelements contained in the aopropriate Workbook sections. soecificallv incl ine but not limited to the followins: 1. ldentification of a Principal Contact (individual or organization) which is responsible for the accomplishment the project tasks and deliverables, including initiation, planning, and execution. These Roles and Responsibilities will include the specific items listed below: 2. Creation or support of an existing Inclusive Planning Process structure which must address the broadly inclusive engagement requirements identified under the Washington Digital Equity Act (HB L723). This effort may be supported by the regional Extension project team to ensure that all community voices are represented in the process. 3. Plan Overview a. Development an overview of the Broadband Action Plan. This process will include a vision, goals, and objectives for this engaged process. 4. Broadband Asset lnventory & Map a. Review baseline broadband asset map provided by WSU Extension to understand what assets are captured based on the currently available data. b. ldentify and document missing datasets and/or assets c. lf available, provide additional data in a GIS format. lf data is not available in GIS format, provide data in the available format and/or describe resources needed to make it available in GIS format d. Use baseline map and additional data to identity physical and community infrastructure assets that advance broadband deployment, access, affordability, and adoption. e. Use data from the broadband asset map to complete the relevant section of the Workbook included as Attachment A. 5. Needs and Gap Assessment a. Review baseline broadband asset map provided by WSU Extension to understand where gaps in broadband infrastructure, access, adoption, and application are captured based on the currently available data. b. ldentify and document missing datasets and/or assets c. lf available, provide additional data in a GIS format. lf data is not available in GIS format, provide data in the available format and/or describe resources needed to make it available in GIS format d. Use baseline map and additional data to identify the gaps and needs around broadband deployment, access, affordability, a nd adoption. e, Use data from the broadband asset map to complete the relevant section of the Workbook included as Attachment A. 6. Obstacles and Barriers Report a. ldentify known or potential obstacles and/or barriers to broadband expansion and/or participation in the BEAD program, which may include, but are not limited to, policy barriers, workforce shortages, supply chain issues, limitations of current state of deployment, terrain, and digital equity issues. b. Complete the relevant section of the Workbook included as Attachment A. 7. Action Plan a. Using the data and conclusions from the Asset Inventory, Needs and Gap Assessment, and the Obstacles and Barriers Report, develop an Action Plan that identifies next steps to address community needs. b. ldentify priorities, potential activities, supporting strategies, and any assistance that will be needed to achieve objectives, accomplish goals, and realize vision. c. Recommendations that may be included in the Action Plan, include, but are not limited to: i. Recommendation of potential broadband deployment project areas, associated method of service delivery, and estimated costs. ii. Strategy recommendations for deployment of county-owned assets, open access assets and networks, and/or public-private partnerships dependent on county need. d. Complete the relevant section of the Workbook included as Attachment A. E. Countv or Tribal Level Digital EquiW Plans will include all elements contained in the appropriate Workbook sections. specificallv includine but not limited to the followins: 1. ldentification of a Principal Contact (individual or organization) which is responsible for the accomplishment the project tasks and deliverables, including initiation, planning, and execution. These Roles and Responsibilities will include the specific items listed below: 2. Creation or Support of an Existing lnclusive Planning Process structure which must address the broadly inclusive engagement requirements identified under the Washington Digital Equity Act (HB 1723). This effort may be supported by the regional Extension project team to ensure that all community voices are represented in the process. 3. Plan Overview a. Development an overview of the Digital Equity Plan. This process will include a vision, goals, and objectives for this engaged process. 4. Needs and Gap Assessment a. Review digital equity data and map provided by WSU Extension to understand needs, gaps, and barriers around broadband adoption, affordability, and application are identified based on the currently available data. b. ldentify and document missing datasets; identify any datasets that are believed to be inaccurate or incomplete c. lf available, provide additional/corrected data in a GIS format. lf data is not available in GIS format, provide data in the available format and/or describe resources needed to make it available in GIS format d. Use aggregated data and map to identify the gaps, needs, and barriers around broadband affordability, adoption, and application, including the needs of underserved populations identified in the Washington Digital Equity Act (HB L7231. e. Use data from the broadband asset map to complete the relevant section of the Workbook included as Attachment A. 5. Digital Equity Asset lnventory & Map a. Review assets identified in the baseline digital equity asset inventory and associated map provided by WSU Extension to understand what digital equity assets and programs are included in the currently available data. b. ldentify and document missing assets, program, and/or existing digital equity plans, including the service area of each asset or program. c. lf available, provide data on coverage areas in a GIS format. d. Use digital equity asset inventory, associated map, and additional assets, programs, and/or digital equity plans to identify assets available for affordability and adoption, with specific identification of the programs designed to serve the underserved populations identified in the Washington Digital Equity Act (HB 77231. e. Use data from the digital equity asset inventory and map to complete the relevant section of the Workbook included as Attachment A. 6. Action Plan a. Using the data and conclusions from the Asset lnventory and Needs and Gap Assessment, develop an Action Plan that identifies next steps to address community needs. b. ldentify priorities, potential activities, supporting strategies, and any assistance that will be needed to achieve objectives, accomplish goals, and realize vision. c. Recommendations that may be included in the Action Plan, include, but are not limited to, alignment with plans and priorities from other entities and/or sectors, such as libraries, healthcare institutions, school districts, etc. d. Complete the relevant section of the Workbook included as Attachment A. Kittitas County will provide a variety of necessary functions and services in order to accomplish the completion of a planning efforts and related WSU worksheets for draft Broadband Action Plan and/or a Digital Equity Plan documentation consistent with the process developed by WSU in that Workbook located at broadband.wsu.edu), This is a fixed price agreement and will cover expenses related to completion of the draft worksheets and plan(s), including personnel costs, travel expenses, and other related costs uniform Guidance subrecipient compriance confi rmation TO: Kittitas County Our Single Audit be completed by if material findings are We are not subj ect to the audit requirements of the Uniform G uidance because we page 2.) expended tess lhan $ 750,000 in federal funds during the related fiscal year. (Please complete Other - We are not subject to the Single Audit (fill in page 2). requirements because:(Please complete page 2.)Our organization is for profit Other (explain) (fill in page 2) I ceftify that the above-marked Furthermore, I the organization of which lam a representative. have been drbc/osed 5t3t2023 Signature: the audit rcpoft, if completed, Ti'e: Finance Director Name:Carlson -Phone: Email: brian^carlson@co.kittitas.wa.us Organization Kittitas Co unty, Washington Address: 205 W. sth Ave, City/State/Zip Code:Ellensbu rg, wA 9898262887 website address of audit report or financiar statements: RE: washington state Univ' uniform Guidance subrecipient compriance confirmati on Fy 2022The Federat Office of tt ffi5,frHfffi g*;*t*ft;*.r;i'j,p#,"tfi *,,qj[*,;frilH:'i,'fi {*;'',l:,tr[r#ii'ail",ru*please check the appropriale uox oelow aiileturn with a copy or yo'rli'auoit, if required. uidance. A;;;;il;il,". Our Single Audit has_been completed. We-certihT that for the period of ..il,1^iliffi'B',f,1-;,",i:?:,'f'*i;,'3H;"fm#jl:11,ilfti::ii .;a copy of the report, Our Single Audit for the period * to x report' including ttre exceitioGlil-6ui1.""*"**a",*included exceptions. A copy of the audit Date