Loading...
HomeMy WebLinkAboutContract 20-6221C-115 Contract and Amendment ABOARD OF' COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION No. 2021- I &5 A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH COMPREHENSTVE HEALTHCARE RELATED TO CORONAVTRUS (CDBG-CV-2) PROGRAM CONTRACT #20-622IC-115 AMENDMENT A WHEREAS, Kittitas County applied for and was awarded a contract with the Department of Commerce (Coronavirus (CDBG-CV-2) Program Contract #20-6221C-1 15); and WHEREAS, Comprehensive Healthcare is prepared to provide the services outlined in that contract denominated as subsistence payment and childcare services as a part of the cou nty's coronavirus relief effort. NOW, THEREFORE BE lT RESOLVED the Board of County Commissioners is authorized to execute the attached contract with the Comprehensive Healthcare related to Coronavirus (CDBG-CV-2) Program Contract #20-6221C-1 1 5 Amendment A. DATED this 3'd day of August 2021, at Ellensburg, Washington. BOARD OF COUNTY MMISSIONERS KITTITAS CO ASHINGTON ABSENT Vice-Chair Commissioner lillilttl lerk of ATTACHMENT 18-C (1) SU BRECIPIENT AGREEMENT BETWEEN KITTITAS COUNTY AND COMPREHENSIVE HEALTHCARE This Agreement is made between KITTITAS COUNTY (herein called the Local Government) and COMPREHENSIVE HEALTHCARE (herein called Subrecipient)forthe CDBG-CV2 Public Service Subsistence Payments for Coordinated Crisis Response Comprehensive Healthcare (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD)to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 2O-622LC-LI5 Amendment A (CFDA L4.228), to fund the Project with FederalAward ldentification Number (FAIN): B- 20-DW-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; for Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers for the CDBG-CV2 consortium area. Proiect Descri ion of Services This project will fund two crisis case managers working on site at the KVH emergency department to provide 8 - 16 hours of daily crisis response to behavioral health patients during peak volume times at KVH ED. Focus will be on crisis stabilization, coordination of care, referrals to behavioral health providers and resources to address social determinants of health deficits. Additionally, services will include follow-up and coordination with patients'primary care. The service area includes all persons in Kittitas County Washington in need of immediate emergency evaluation and/or care. The parties agree that: L. SCOPE OF SERVICES A. LocalGovernmentResponsibilities The Local Government is responsible for administration of the CDBG contract and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting low- and Page I of14 Revised l/2512021 ATTACHMENT 18-C (2) moderate-income persons. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. PrincipalTasks Before providing CDBG Public Services - Mental Health r Complete the environmental review and prepare an environmental review record in compliance with NEPA requirements for CDBG. Develop and establish CDBG-CV program's policies and procedures, including, CDBG income qualification, COVID-19 impact verification, prevent duplication of benefit, and beneficiary reporting requirements. o Deliver the direct services identified in the CDBG application through the local community action program/local economic development council, etc. o Allocate and manage public services funds as established in the approved subrecipient /partnership agreement and budget and prevent duplication of benefits. o Meet the CDBG nationalobjective of principally benefiting low- and moderate- income persons. Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's objective of creating suitable living environments. 2. TIME OF PERFORMANCE 3 The effective date of this Agreement is July L9,2O2L, and complete execution of this agreement and will be in effect for the time period the contract expires June 30, 2023. AGREEM ENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Name of Representative: Jodi Daly, Chief Executive Officer Comprehensive Healthcare Mailing Address: 402.South 4th Ave City, State and Zip Code: Yakima, WA 98902-959 Telephone Number: 509-575-4024 E-mailAddress: jodi.daly@comphc.org UBI#: 6OO3L22O6 Page 2 of 14 Revised 1/2512021 ATTACHMENT 18-C (3) B. Local Government Name of Representative Title: Mailing Address: City, State and Zip Code: Telephone Number: Fax Number: E-mailAddress: Judy Pless Budget & Finance Manager 205 W 5th Ave Suite 105 Ellensburg WA 98926 509-962-7502 509-962-7687 judy.pless@co.kittitas.wa.us 4 BUDGET The Local Government will pass through to the Subrecipient no more than 5L54,766 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget lndirect Cost Rate if the Subrecipient chooses to charge lndirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. lf no such rate exists, a de minimis indirect cost rate of I0%of Modified Total Direct Costs (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 525,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service as approved in the Exhibit B. Reimbursement under this Agreement will be based on billings, supported by appropriate detail documentation of costs actually incurred. lt is expressly understood that claims for reimbursementwill not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those 5 Project Budget Element Budgeted Amount 05 Public Services itsql66 lndirect Cost Rate: _% Federally Approved lndirect Rate, or LO%de minimis rate, or fill out "N/A" declining to charge indirect 5o/o Page 3 of 14 Revised 112512021 6 ATTACHMENT 18.C (4) regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. The final request for reimbursement shall be June 15, 2023. PERFORMANCE MON ITORI NG The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. lf action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. SPECIAL CONDITIONS- A. Prevent Duplication of Benefit The CARES Act provides that there are adequate procedures in place to prevent any duplication of benefit as required by section 3I2 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 121-0 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 1-15-254; L32 Stat. 3442). HUD requires each Grantee (and subrecipient) have procedures to prevent the duplication of benefits when it provides financial assistance with CDBG-CV funds. Federal disaster law prohibits the provision of federal assistance in excess of need. Before paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid by another source. Any person or entity (including subrecipients) receiving CDBG-CV assistance must agree to repay assistance that is determined to be duplicative; and to assess whether the use of CDBG-CV funds will duplicate financial assistance already received or is likely to be received by acting reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources available to meet that need. CDBG-CV funded activities will prevent, prepare for, and respond to the coronavirus GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and 7, 8 a Page 4 of l4 Revised 1/2512021 B c D E F ATTACHMENT 18.C (5) All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. CDBG National Obiective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 57O.2O8. lndependent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation lnsurance, as the Subrecipient is an independent contractor. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. Workers' Com pensation The Subrecipient will provide Workers' Compensation lnsurance Coverage for all of its employees involved in the performance of this Agreement. lnsurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30)days prior written notice to the Local Government. Exhibit A includes the insurance requirements for the Subrecipient G. Fundine Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. ln addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Page 5 of 14 Revised ll25l202l 9 ATTACHMENT 18-C (6) H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. l. Suspension or Termination ln accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: L. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. lneffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. ln accordance with 2 CFR 200.339, this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. ADM IN ISTRATIVE REQUIREM ENTS A. Financial Management 1. Accountins Standards The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs Page 6 of 14 Revised l/2512021 B. ATTACHMENT 18.C (7) The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; 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 other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; a nd h. Other records necessary to document compliance with Subpart Kof 24 CFR 570. 2. Access to Records and Retention The grantee, Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records ofthe Subrecipient that are directly pertinent to this Agreement for the purposes of making a ud it, examination, excerpts a nd tra nscriptions. AII such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after finalaudit of the LocalGovernment's CDBG project, unless a longer period is required to resolve audit findings or litigation. ln such cases, the Local Government will request a longer period of record retention. 3. Audits and lnspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. PageT of14 Revised 112512021 c. ATTACHMENT 18.C (8) Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends 5250,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is L4.228. Reporting L Program lncome The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under 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. 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 200.311and 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 525,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 untilten (10)years after the contract between Commerce and the Local Government is closed. lf the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 1-O-year period of time, the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. ln cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Page 8 of 14 Revised 1l25l2o2l D ATTACHMENT 18.C (9) Subrecipient for activities under this Agreement will be (a) transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title Vl of the Civil Riehts Act of 1964: Under Title Vl of the Civil Rights Act of l-964, 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 Communitv Development Actof L974: 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. Ase 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 1-01-336. America ns with Disabilities Act of l-990 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 1-968 Compliance in the Provision of Training, Employment, and Business Opportunities: L. The work to be performed under this agreement is on a project assisted under a program providing direct federalfinancial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1-968, as amended, 12 U.S.C. I7OLI. 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. Page 9 of 14 Revised l/2512021 c ATTACHMENT 18.C (10) 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 finding that the subcontractor is in violation of regulations issued by the Secretary of HUD,24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federalfinancialassistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR L35. Conduct L. Assienabil itv The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of lnterest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. Page 10 of l4 Revised 112512021 ATTACHMENT 18-C (11) The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 57O.6LL, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3 Certification Resardins Debarment- Susoe n. lnelisibilitv and Voluntarv Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. Copvrieht lf this Agreement results in any copyrightable material or inventions, the Local Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Relieious 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. 1. SEVERABILITY lf any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and allother parts of this Agreement will nevertheless be in fullforce and effect. 12. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. D Page 11 of14 Revised 112512021 ATTACHMENT 18,C (12) The attachments to this Agreement are identified as follows: EXHIBIT A - lnsurance Requirements EXHIBIT B - CDBG-CV lnteragency Grant Agreement between Commerce and the CDBG- CV grantee, Kittitas County, which includes the Scope of Work and Budget for the projects EXHIBIT C - CDBG-CV lnteragency Grant Agreement-Amendment A between Commerce and the CDBG-CV2, Kittitas County, which includes the Scope of Work and Budget lN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. KITTITAS COUNTY COM sstoNERs COMPREHENSIVE HEALTHCARE K UNTY, W Brett trman Jodi Executive Officer ABSE},IT Laura Vice Chairman Wri Commissioner illt/,Date 2-2s-A I.\\\\\\lll I s$'-, coS':S'.."" ss'.." r (_) ,' Ji Clerk of the Board or holz, Deputy Clerk of the Board As To Form Attorney Page l2 of l4 Revised 112512021 ATTACHMENT 18-C (13) EXHIBIT ''A'' The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional lnsured's from all claims, losses, harm, costs, Iiabilities, 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-, ClassVllor better in the most recently published edition of Best's Reports unless otherwise approved by the County. lf an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.1-5 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for X Commercial General Liabilitv lnsurance Coverage limits not less than: o $5,000,000 per occurrence o $1,000,000 per occurrence liquor liability S1,000,000 products & completed operations aggregate S1,000,000 personal and advertising injury, each offense r Certificate Holder - Kittitas County o The Certificate must name the County as additional insured o Sixtv (60) days written notice to the County of cancellation of the insurance policy X Commercial Automobile Liabilitv lnsurance Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS 90 endorsement and a CA 9946 endorsement must be attached if 'pollutants' ore to be transported) r Coverage limits not less than: o $L,000,000 combined single limit r Thirtv (30) days written notice to the County of cancellation of the insurance policy. X Workers' Compensation Workers' Compensation in amounts required by law f, Stop Gap/Emplovers Liabilitv Coverage limits not less than: o $1-,000,000 each accident S1,000,000 disease - policy limit o $1,000,000 disease - each employee Additionol Coverage Moy Be Required: Page 13 of 14 Revised 112512021 ATTACHMENT 18.C (14) Thirty (30) days written notice to the County of cancellation of the insurance policy. I erofessional Liability The Contractor and/or its Subcontractor and/or its consultant providing professional services shall provide evidence of Professional Liability lnsurance covering professional errors and omissions. Such policy must provide the following minimum limits: r $L,000,000 per claim o $2,000,000 annual aggregate. lf insurance is on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contractor shallfurnish the County a Certificate of lnsurance to include the Policy Endorsements/Exclusions as evidence that policies providing insurance required by this Agreement are in full force and effect. Contractor hereby waives all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage. Contractor's insurance policies required above shall be primary insurance and shall be non-contributing with any other insurance maintained by Kittitas County. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of 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. Page 14 of l4 Revised l/2512021 ftLtt Washington State Departmentofuonxrterce Interagency Grant Agreement with Kittitas County through For Community Development Block Grant Program CDBG - Coronavirus (CDBG-CVI) Actlvlties to prevent, prepare for, and respond to coronavirus in partnership with local service providers for the CDBG-CV1 consortium area. Start date: 312712020 BOARD OF COUNTY COM MISSIONERS COUNTY OF KITTITAS STATE OF WASI{INGTON A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERAGENCV AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE FOR coM MUNTTY DEVETOPM ENT BLOCK G RANT -CORONAVTRUS (CDBG-CV-l! PROG RAM co NTRACT #20-6221C-1 15 REsOLUTtoNNo.202l. t)3c WHEREAS, Chapters 39.33 and 39.34 RCW, the lnterlocal Cooperation Act, authorizes public agencies to enter into agreements for mutually advantageous joint or cooperative action; and WHERCAS, Kittitas County and Washington State Department of Commerce are public agencies within the meaning of chapters 39.33 and 39.34 RCW; and WHEREAS, Kittitas County and Washington State Department of Commerce will enter into the aBreement to fund the Costs incurred for the Activities to prevent prepare for, and respond to coronavirus in partnership wtth local servlce provlders for the CDBG-CVI consortium area. in Kittltas County for the period of March 27,2020 thru January 31, 2023. NOW, THEREFORE, BE lT RESOLVED, the Klttitas County Board of County Comrnissioners authorizes the execution of the lnteragency Agreement with Washington State Department of Commerce, attached hereto, and incorporated herein by thls reference. APPROVED, this 2ND day of March 202!, at Ellensburg, Washlngton. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, lrtu I Brett,mith, Chairman ABSENT Laura Vice-Cha'irman Cory Wright, Commissioner haLj erk of the TABLE OF CONTENTS Special Terms and Condltions Definitions Authority....... Acknowledgem ent ofFederal Funding. Acquisition Audit......... And Disposition Of Assets Billing Procedures and Payment.........,.,.,,.... Closeout....... Compensatlon 10. Envlronmental Review 1'l lndirectCosts12. GrantManagament13. Historlcal Or CulturatArtifacts, Human Remains 14 lnsurance .., 15. 16. PerformanceReporting17. Program Income.. 18. ProhibitiononCertalnFundsTranslers.,,.....,,,..,,,.. 19. SubcontraclorDataColleclion,..,............ 1 1 2 2 3 2, 3 4 1. 2, 3. 4. 5. o. 7. E. o Debarment R 5 5 5 5 5 5 6 0 e 6 7 7 7 7 7IIIII o IIII 20. Subcontracts for EngineeringServicee21, Order of Precadence.. General Terms and Condltlons 1. 2. 3. 4. 5. 6. 7. 8. 9. Definitions.... All Writings Conlained Herein.......... Amendments and Safeguarding of lnformation, Copyright...... Goveming Larv and Venue.. Dispules..,.... 10. Licensing,AccreditationandReglstration......"......... 11. Recapture12" Records Maintenence. 13. Savings........ 14. Severability....... 15. Subcontracting.. 16. Suruival t0 18. Termlnatlon for Gonvenience........1018" TerminationProcedures20. Treatment of Assets......,.....,,..',''.'..11 21,Waiver.......11 Attachment A, Scope of Work and Budget Attachment B, Letterto lncur Costs ti FACE SHEET lYeshington Stntc Department of Commerce Locol Government Divlsion Communlty Assistsnce and Research Unit CDBG - Coronavlrus (CIIBG-CVI) Conlrect Number: 20-6221 C-l 15 1. Grantec Kittitas County 205 W sth Ave, Suite 108 Ellensburg, Washington 98926 2. Grrntee Dolng Business As (optional) NA 3. Grantee Reprcsentative Brctt Vy'aohsrnith, Kittitar County Commissioner, District #3 Phono: 509.962.7508 Email : brett.wachsmith.co@co.kittitas.wa,us 4. COMMERCE Represcntatlve Genny Matteson, Project Manager Phonc; (360) 725-3093 Fax: (360) 586-8440 Genny. matteson@commerce.wa.gov Address: PO Box 42525 101 I Plum Street SE Olympia, WA 98504 5. Grant Amount 292,364 6. Funding Source Federrl: E State: E Ottrsr: E Xll: E 7. Start Date 312712020 t. End Date u3tn023 9. Fodcral Funds (as rpplicablc) Federsl Agencyl 292,364 U'S' Department of Housing And Urban Development IIUD) CFDA Number: r4.228 lndirect Rrte (lf rppllcable); N/A 10, Tax ID # 9l-6001 349 ll. swv # 00t0475-00 12. UBI # 192002673 13. DUNS # 0to202547 14. Grant Purpose Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providcrs for thc CDBG-CVI consorlium area. A futl description of the project is in Attachment "A" Scope of Work and Budget. 15. Slgnlng Stntemcnt COMMERCE, defined as the Department of Cornmerce, and the Grantee, as defined above, acknowledge and acceptlhe terms of this Granl and Attachments and havE executed this Orant on the date below to start as ofthe date and year referenced above and wanant they are authorized to bind their respectivo agencies. The rights and obligations ofbolh parties to this Grant are governed by this Grant and the following documents hereby incorporated by reference: Grant Torms and Conditions including Attachment "A" - Scope of Work snd Budget, Attachment "8" - Lefter to Incur Cocts (if applt te), and the following documents incorporated herein by reference: Orantee's application for funding and the Communih, trcnt tslock Grant policies and procedures, prepared by Commerce. APPROVEI) AS TO FORM ONLY BY ASSISTAIIT ATTORNE T GENERAL 07 N7 NO$. APPROVAI-ON FILE. COMMERCE JCAI twll Date Date FORGRANTEE Kittitas County Commirsioner, Dishict #3 Wachsmith,DirectorMark Locnl SPECIAL TERMS AND CONDITIONS INTEMGENGY GRANT AGREEMENT FEDERAL FUNDS r. 9EFNlrLoNq A. 'Contractoro and "Grantee" ln this Grant, and the term "subrecipient" found ln 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 lncome equal to or less than 80 percent of area median income adjusled by family size. D. "Subgrantee/Subcontract" shall mean one not in the employment of the Grantee, who is performing all or parl of lhose services under this Grant under a separate Grant wilh the Grantee, The terms "subgrant6e" 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 ls a beneficiary of such a program, lt also excludes vendors that receive federal funds in exchange for goods and/or services ln the course of normal trade or commerce. 2. AUTHORITJ COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the lnterlocal Cooperation Ad, Chapter 39.34 RCW. 3, Ac KN owLEpqUENT _o_F_f EDEB4\LI:_UNDS FederalAward Date: Juty 14,2020 Federal Award ldentilication N umber (FAt N): B-20-DW.53-000 1 Total amount ol the federal award: 97,720,383 Awarding official: John W. Peters, HUD CPD Director The Grantee agrees that any publicalions (written, vlsual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Granlee descrlbing prognms or projects funded in whole or ln part with federal funds under this Contract, shall contain the following staternents: Thle project was supported by Grant No. B-20-DW-53-0001 awarded by the U.S. Departmenl of Housing and Urban Development (HUD). Points of view in this document are those of the author and do not necessarily ropresent the official posltion or policles of HUD. Grant funds are sdmlnlstered by the Communig Devetopment Block Grant Program, Washington State Department of Commerce". 4. Ag_qulstrlo_N A.UD_ qS poSIIpXlEAgs_E_Ts The Grantee will account for any tangible personal property acquired or improved with ihis Grant. The use and disposition of real property and equipment under this Grant will be in compliance wilh the requirements of all applicable federal law and regulation, including but not limited to 24 CFR Part 84 and24 CFR Part 570,489,570.502,570.503,570.504, and 570.505 as applicable, which include bul are not limited to the following: Real property thal was acquired or improved, in whole or in part, with funds under lhls Grant ln €xcess of $25,000 ehall 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 willbe responsible to pay COMMERCE an amount equal to ths current fuir 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 thls Grant wilhln len (10) years of closeout of the Grant shall be trealed as CDBG Program lncome. ln cases in which equipment acquired in whole or in part with funds under lhis Grant is sold, lhe proceeds will be CDBG Program lncome. State of Washlngton D€partment of Comrprce lnleragency Grant Agreement Page 1 SPECIAL TERMS AND COND]TIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1. AUDIT lf the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any flscal year, the Grantee shall procure and pay for a single audit or a program-specific audit for that flscal year. Upon completion of each audil, the Grantee shall: A. Submit to COMMERCE the reporting package specified ln OMB Super Circular 2 CFR 200,501, reports required by the program-specific audit guide (if applicable), and a copy of any rnanagement letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audil findings. lf the Grantee is a subrccipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notiff COMMERCE they did not meet the slngle audit requirement. The Grantee shall send all single audit documentation to quditrgyiqy'@commerce.wa.gqy. 2. FI,LLIN,G PR9qE.D-!JRES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submilted to the Representative for COMMERCE Representative on a Washington State lnvoice Voucher form not more often than monthly. The lnvoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the proJect, and fees. The invoice shall include the Contract Number ldentified on the Face Sheet of this Grant. lf expenses are invoiced, provlde 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 salisfactorily 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 plovided under thls 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. lnvoices and End of Fls,qalY-ea,!. 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 conlract start and end date. Commerce will provido notification of the end of fiscal year due date. Qup_lication sf Bi !le.d_Cqstg The Grantee shall not bill COMMERCE forservices performed under lhis Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to paynent or has been or will be pald by any other source, including grants, for that service. Prs_v-ent,8UBt isetlon pf B enetlt The CARES Act provides that there are adequale procedures in place to prevent any duplication of benefit as required by seclion 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C, 5155), as amended by section 1210 of ihe Disaster Recovery Reform Act of 2018 division D of Public Law 115-254; 132 Stat. 3442). HUD rsquires each Grantee (and subrecipient) have procedures to prevent lhe duplication of benofits when lt provides financial assistance with CDBG- CV funds. Federal dlsasler law prohiblts lhe 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 Slate of Washington Deparlment of Commerce lnterag€ncy Granl Agrsernent P84e 2 SPECIAL TERMS AND CONOITIONS INTERAGENCY GRANT AGREEIIIENT FEDERAL FUNDS by another source. Any person or entity (including subrecipienls) receiving CDBG-CV assistance must agree lo repay assistance that is determined to be duplicative; and to assess whether the use of CDBG- cV funds will duplicate f,nancial assistiance already received or is likely to be received by acting reasonably. Grantees (and subrecipients) must have a method to evaluate need and lhe resources available to meet that need, Pls3lqued_Ae$! The Grantee ls responsible for any audit exceptions or disallowed costs incurred by lts own organlzation or that of its subcontrac,torsy'subrecipient. 3. qLosEguT COMMERCE wlll advise the Grantae to initiate closaout procedures when there are no impediments to closing and the following critaria have been met or soon will be met: A. All costs have been incurred with the exception of closeout costs and any unsettled third-party claims against lhe Grantee. Costs are incurred when goods and eervices are received or contraCt work is performed. B. Tho Grantee has held a publlc hearlng to review program performance, C. The Grantee has submitted the Conlract Closeout Report. Failure to submit a report will not preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest. Any excess grant amount in the Grantee's possession shall be returned in the event of failure to finish or update the report. D. Other responsibilitles of the Grantee under this Grant and applicable laws and regulatlons app€ar to have been carried out satisfactorily or here is no further state lnterest in keeping thia Grant open for the purpose of eecuring performance. 4. GoMPEN9aT!9N COMMERCE shall pay an amount not to exceed he amount ldentllied on lhe Face Sheet of ihis Grant for the performance of all things necessary for or incldental to the performance of work as set forth ln 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 aulhorized in advance by COMMERCE as reimbursable. Grantee shall receive compensation for travel exp€nses at current state travel reimbursement rates 5. DEBARMENT A. Grantee, defined as the primary participant and it principals, certifies by signing these General Tems and Gonditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or volunlarily excluded from covered transactions by any Federal deparlment or agency, li. Have not within a lhree-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense ln connection with obtainlng, attempting to obtain, or performing a publlc or private agreement or transaction, violation of Federal or State antilrust statutes or commission of embezzlement, theft, forgery, bribery, falsiflcalion or destruclion of records, making false statements, tax evaslon, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indic,ted for or otherwise criminally or civilly charged by a governmental entity (Federal, Stale, or local) with commission of any of the offenses enumerated in paragraph (1Xb) of federal Executive Order 12549; and iv. Have not wlthin a three-year perlod preceding the signlng of thls Grant had on€ or more public transac{ions (Federal, State, or local} terrninated for cause of default. State of Weshlnglon Dgpartmenl of Gomrnorce lnteragency Grant Agreemont Page 3 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS B. \Mere the Granlee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation lo this Grant. C. The Grantee agrees by signing this crant lhat it shall not knowingly enter into any lower tier covered transaction wlth a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include ihe clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, wlthout modification, in all laler tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded lrom participation ln 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 thls Grant. E. The terms covered transaction, debarred, suspended, lneligible, lower tler covered transactlon, po6on, prlmary 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 lmplementing Executive Order 12549- You may contact COMMERCE for assistance in obtaining a copy of these regulations. 6. ENVTRONMFNTAL REVI_EW General Purpose,.flous!4S qlth"11119jmsUt,.e_nd Ecgnomlq Qpportqpl-ty Gfants Funding in excess of the amount stipulated in Attachment B, Letter to lncur GosF, shall not be released lo a Grantee by COMMERCE until the following conditions implernenting 24 CFR part 5E are met: A. The Grantee must complete an environmental review of the project and make a linding of environmental irnpact. 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 publlcation requirements as described. The Grantee must allow a seven (7) or fifteen (1 5) day period for public review and comment following publication of the nolices unless exempt under the National Environmentat Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). When this review and corilment period expires, the Grantee may, afler 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'e public review and comment period expires, COMMERCE may, efter considering any comments received, formally notiff the Grantee in writing of the release of federal funds for the project. B. This special condition is satistied when the Grantee completes the environmental review and request for release of funds from COMMERCE. The special condition is effectively removed on the date COMMERCE provides the Grantee wilh written notice of relegse of funds. Mlcrpe[tqfprige Agqlqlang*e. Plen1ing.Qqly and Pub[c -Servlce.s Aclivitlgg Funding shall not be released to a Planning-Only Activities or Public Services Activltles reclpient until the following conditions are met: The Grantee assures that assisted ac{ivities are exempt under NEPA 24 CFR 58.34) and categorically exempt under SEPA (RCW 43.21C.110). The Grantee further assures ihat the activities do not come under the purview of any other federal, state, and known local environmental laws, stalutes, regulations or executive orders. ln addition, the Grantee assures it will document, in writing, its determination that each activity or prolect is exempt and meets the conditions specified for such exemption under NEPA (24 CFR 58.34(3) (br Planning-Only) or 58.34(4) (for Public Services) and (SEPA) WAC 197-11-800. Stale of Waehington Deparlment of Commeroe lnteragency Grant Agreemenl Page 4 SPECIAL TERMS AND CONDITIONS INTEMGENCY GRANT AGREEIIIENT FEDERAL FUNDS 7. l!{Dl&Ecrcgsrg The Grantee shall provide thoir indirect cost rate thal has been negotiated between their entity and the federal governmeni. lf no such rate exists a de minimis indirect oost rate of 1oo/o of modified t6tal direct costs (MTDC) will be used. 8, CEAX-T_UANAgEUENI The Representalive 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 GOMMERCE and thsir contact information are idEntified on lhe Face Sheel of this Grant. The Representative for the Grantee and their contact information are ldenlified on lhe Face Sheet of this Grant, 9. II-I$I"9NICAL qB 9ULTUnAL l8IEAqIq, HUMAN REMAIN-S ln the event that historical or cultural artifacts are discovered at the proiect site during congtruction or rehabilitation, the Grantee shall immediately stop construction and noUfy the local historlcal preservation officer and the state hisloric preservation officer at the Department of Archaeology and Historic Preservation (DAHP) at (360) 6S6-3065. lf human remains are discovered, the Grantee shall stop work, report the presence and location of the remains io the coroner and local law enforcement immedlately, and contact DAHP and the concerned tribe's cultural staffor committee. 10. uquIuN"QE Each party certjfies that it is self-insured under lhe Slate's or local governmenl self^insurance liability program, and shall be responsibls for losses for which it is found liable. 11, LAWS The Granteo shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governmenls, as now or hereafter amended, including, Housing and Community Development (HCD)Act of 1974. r CDBG regulations in 24 CFR Part 570. r 2 CFR 200.. Goronavirus Ald, Relief, and Economic Security Act (CARES Act), Public Law pL 116-136.r Notice of Program Rules, Walvers, and Alternative Requirements Under the CARES Acl for Community Development Block Grant Program Coronavirus Response Grant, Fiscal Year 2019 and 2020 Community Development Block Grants, and for other Fonnula Programs, Docket No, FR-621 8-N-01. 12. PERFORMANCF REPOgrll{g The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic progress and performance reports pertalnlng to the aclivities undertaken pursuant to this Grant. These reports may include environmenlal review r6cords, publicalion affidavits, procurement and contrading re@rds, documentation of compliane wilh federal civil rights requirements, job creation records, program income reports, reports of the costs and obligations lncurred in connection therewlth, the linal closeout report, and any other matters covered by this Grant. Activities funded by this Grant providing incomeaualified direct assistance or direct services under the limited clientele, hdusing, or job creation CDBG National Objeclives, must submit quartorly beneficiary reports as furnished bt COMMERCE. Fallure to submit these reports may result in CoMMERCE withholding payment or terminating this Grant. t3. P&Q9BAtltJXep-_mE Program income, ae defined ln 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 aft€r closeout of this Grant. Stale olWashington C,epenmert of Cornmerce lnteragency Granl Agr€€nrcnt Page 5 SPECIAL TERMS AND GONDITIONS INTERAGENCY GMNT AGREEMENT FEDERAL FUNDS Program lncome shall be used to conlinue lhe same activities to benelit low- and moderate-income persons or, with COMMERCE approval, for other activities to benefit low- and moderate-income persons. lnterest earned in excess of 9100 on CDBG funds received to reimburse incuned costs must be remltted to GOMMERGE for return to lhe U.S. Treasury. 14. PROHIETTTO=N qN C_EBJAIN FUNDS TBANSFERS The Grantee that directly or indirectly recaives CDBG-CV funds may not sell, lrade, or othenrise lransfer all or any such potion of such funds to another such entlty in exchange for any other funds, credits or non-Federal consideralion, but must use such funds for activities eliglble 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 COLLEGTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under lhis Grant performed by subcontractors and the portion of funds expended for work perbrmed by subcontractors, including but not necessarily limited to minority- owned, woman-owned, and veteran-owned business subcontraclorc. 'Subcontractors" shall mean subcontractors of any tier, 16. SUBCONTRACTS FOR ENGTNEERil{G S_E_8VI9ES Engineering firms must certity that they are authorized to do business in the state of Washington and are in full compliance with the requiremenls of the Board of Professional Registration. The Grantee shall require lhat engineering services providers be covered by errors and omissions insurance. The engineering lirm shall maintain minimum limits of no less than $1 ,000,000 per occurrence to cover all activities by the engineering firm and licsnsed 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 policy. 17. ORDEROF PRECEDENCE ln lhe evenl of an inconsistency in lhis Grant, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington stalutes andregulationsrSpecialTermsandConditions. General Terms andConditionsrAttachmentA - Scope of Work and Budget. Attachment B - Letter to lncur Cosl, if applicable. Grantee's applicalion 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 Department of Commerce lntoragency Gro nt Ag.eement Page 6 GENERAL TERMS AND GONDMONS II.ITERAGENCY GMNT AGREEMENT FEDERAL FUNDS 1. DEFINIII-O,NQ Ae used throughout this Grant, the following terms shall have the meanlng set forth below: A. "Authorized Representalive' shall mean lhe Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall rnean the Deparlment of Commerce. C. "Grant" or "Agreement" means the enlire written agreement between COMMERCE and the Granlee, including any altachments, documents, or materials incorporated by reference. E-mail or facsimile lransmission 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) underthis Grant, and shall include all employees and agents of the Grantee. E. "Personal lnformation' shall mean information identifiable to any person, including, but not limited lo, information that relates to a person's nama, health, finances, education, business, use or receipt of governmental services or other activities, addrssses, lelephone numbers, social security numbers, driver license numbers, other identlfying numbers, and any flnancial identifiers. F. 'Slate" shall mean the state of Washington. G, "Subgrantee/Subcontrac{" shall mean one not in the ernployment of the Grant, who is performing all or part of those services under this Grant under a separate Grant with the Contractor, The termi subgrantee" and "subcontractors" mean subcontractor(s) in any iler. 2. AL_l= WRIT|NGS CONTATNEO HERETN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or olherwise, 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 muiual agreement of the parlies. Such amendments shall not bo binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGN|ENT 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. cOtrlFlD,ENf nLlTY Allp $AFSG U-ARp$q OF I N FoRMATtOttt A. "Confidential lnformation" as used in lhis secflon includes: i. All material provided to the Grantee by COMMERCE that is designated as "confidenlial" by COMMERCE; ll. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and iii, All personal information in lhe possession of the Grantee that may not be disclosed under slate 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 lnformation, The Grantee shall use Confidential lnformation solely for the purposes of thls Grant and shall not use, share, transfer, sell or disclose any Conlideniial lnformation to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shalltake all necessary steps to assure lhat Confidential 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 Grantee shall provide COMMERCE wlth llg policies and procedures on oonfidentiality. GOMMERCE may require changes to such policies and procedures as lhey apply lo this Grant whenever COMMERCE reasonably determines that changes are nocessary to prevent unauthorized disclosures. The State of Washington DepBrlment of Comrnerce lnteragency Gronl Agr€ement Page 7 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS Grantee shall make the changes within the lime period specified by GOMMERGE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential lnformation lhat COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure, C. Unauthorized Use or Disclosure. The Grantee shall notifl COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmlul effecls of such use or disclosure. 6. GOPYRIGHT Unless othenruise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U,S. Gopyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. ln 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 ilghts, 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 ls not limited to, data, reports, documents, pamphlets, adverlisements, books, magazines, surveys, studies, compuler programs, films, tapes, and/or sound reproductione. "Ownership" includes the right to copyright, patent, register and the ability to transler these rights. For Materlals 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, lrrevocabla 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 represenls that the Grantee has all rights and permissions, including intellectual property righls, moral rlghts 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 fumished 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 wlth prompt written notice of each notice or claim of infiingement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modifr or remove any restrictive markings placed upon the Materials by the Grantee. 7. DISPUTES ln the event that a dispute arlses under this Agreement, it shall be determined by a Dispute Board in lhe following manner; Each party to this Agreement shall appoinl one member to the Dispute Board. The members so appoinled shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review lhe facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Disput€ Board shall thereafter decide the dispute with the majority prevailing, The determinatlon of the Dispute Board shall be flnal and bindlng on the parties hereto. As an alternative to this process, either of the parties may request inlervention by the Governor, as provided by RCW 43.17.330, in which event the Govemor's process will control. 8. ,G*:OVERNTNG LAWA,ND VENUE Thls Grant shall be construed and interpreted in accordance wilh the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County, 9- lNDErlltlrlJ:LC_ATTON Each party shall be solely responslble for the acts of its employeas, officers, and agents. 1 O. LI9-EN_qNGI\C C R E D I TAT I OJ.I ANT} REGI STR ATIO N The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and regisiration requirements or etandards necessary for the performance of this Grant. Stst€ of Washington Oeparlmenl ol Commerce lnteragency Gra nt Agroemenl Page I GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1. RECAPTURE ln the event that the Grantee fails to perform this Grant ln accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserv€s the right to recapture funds in an amount to compensate COMMERCE for the noncompliance ln addition to any other remedles avaitable et law or in equily. Repayment by the Grantee of funds under this recaplure provision shall occur wilhin lhe time period specified by COMMERCE. ln the altemative, COMMERCE may recapture such funds from payments due under this Grantee. 1 2. 8_EgeB89_ ll tAlNrEN-AN*c*E The Grantee shall maintaln books, records, documents, data and other evidence relating to this Grant and performance of lhe services descrlbed herein, including but not limited to accounting procedures and prac'tices that sufficiently and properly reflect all direct and indirec.t costs of any nalure expended in lhe performance of this Grantea. The Grantee shall retain such records for a period of six (6) yoars following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be sud,Ject at all reasonable times to lnspeclion, review or audit by COMMERCE, personnel duly authodzed by COMMERCE, the Office of the State Ar.rditor, and federal and state officials so authorized by law, regulation or agreernent. lf any litigation, claim or audit is started before the expiration of lhe six (6) year period, the records shall be relained until all litigation, claims, or audit findings involving the recordl have been resolved. 13.9j_v!!fcs In the event funOing from state, federal, or other sources is withdrawn, reduced, or limited in any way after lhe effective date of this Grant and prior to normal completion, COMMERCE may suspenO or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day nolice reguirement, ln lieu of terminatlon, the Grant may be amended to reflect the new fundin! limitations and conditions. 14. S"E-V,EFU|B|L|TJ Tho provisions of this Grant are intended to be severable. lf any term or provislon is lllegal or invalid for any reason whatsoever, such illegality or lnvalidity shall not affect the validity of lhe remainder of the Grant, I 5. SUBG nAN Tf I{ grsU-Bgo-xIBAgM g The Granlee may only subcontract work contemplated under this Grant lf il obtains lhe prlor writt€n approvalof COMMERCE. lf COMMERCE approves subconlracting, the Grantee shall maintain wriften procedures related to subcontracling, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writlng may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee ftom subcontrac{ing with a particula} person or entity; oi c) require the Grantee to rescind or arnend a subcontract. Every subcontract shall bind the Subgrantee lo follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee falls to comply with any applicable term or condition of this Grant, The Gnanlee shall appropriately monltor lhe activities of the SubglanteB to assure fiscal conditions of this grant. ln no event shall the existence of a subconlract operate to release or reduce ihe liability of the Grantee to COMMERCE for any breach in lhe performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the Strate of Washington are not liable for clalms or damages arislng from a Subgrantee's perlormance of the subcontract. State of Washlngton Deparlment of Comm€rce lnteragency Grant Agruemenl Page I GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 16, SURWNL 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 survlve. 1 7. T-E*BTUNAIIO trrqR CAUS E ln the event COMMERCE determines the Grantee has tailed to comply with the conditions of this Grant in a timely manner, COMMERGE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notiff the Grantee ln wrfting of the need to take corrective action. ll corrective action is not taken within 30 calendar days, lhe Grant may be lerminated or suspended. ln 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 cosis directly related to the replacement contract, e,9., cost of the competitive bidding, mailing, advertising and staff Ume. COMMERCE resery€s the right to suspend all or part of the Grant, withhold further payments, or prohlbit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending conective action by the GMNTEE or a decision by COMMERGE to terminate the granl. A lerminalion shall be deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not ln default; 0r (2) failure io perform was outside of his or her control, faull 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, 1 8. TEB.U! NAf lo,N FoR co NvEl'{ _Eltc_E Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day afler the mailing, terminate this Grant, in whole or in part. lf this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior lo the effective date of termination. I e. rERllllllAltolt PRocEquEE$ Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this contract, rnay 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 lhe amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iil) other properly or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in whlch case the Authorized Represenlative shall determino the extent ol the liability of COMMERCE, Failure to agree with such datermination shell be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Granlee such sum as the Authorized Representative determines to be necessary to protect COMMERCE agalnst potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addltion to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otheruise directed by the Authorized Representative, the Grantee shall : A, Stop work under the Grant on ihe date, and to the extent specifled, 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 Washinglon lnteragency Grant Agreement Departmsnt of Commerce Page 10 GENEML TERMS AI{D CONDMONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS C. Assign to COMMERCE, ln the manner, al the times, and to the extent direclett by the Authorized Representative, all of the rights, litle, and interest of the Grantee under the orders and subgrants/subcontracts so termineted, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of lhe termination of such orders and subg rants/subcontra cts ; D' Setile all outstanding liabilities and all claims arising out of such terminatlon of orders and subcontracts, with the approval or ratification of the Authorized Representatlve to the extent the Authorized Representative may require, whlch approval or ratilicalion shall be final for all the purposeE of lhis clause; E. Transfer title to COMMERGE and deliver in the manner, at the times, and lo the extent directed by the Authorized Representative any property which, if the Grant had been completed, would hav6 been reguired to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not haye been lerminated by the Authorizcd Representative; and G. Take such acton as may be necessary, or as the Aulhorized Reprssentetive may direct, for the proleclion and preservation of the properly related to this Grant, whicfr is in the possession of the Granlee and in which the Authorized Representative has or may acquire an interest. 20. TREATIIIENT gF ASSETS Tltle to all propeny 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 item of cost under this Grant, shall pass to and vest ln COMMERCE upon delivery of such property by the Grantee. Title to other pruperty, the cost of which is reimbursable to the Grantee under tnis'Graht, snatt pass to and vest in COMMERCE upon (i) lssuance for use of such propedy in the performance of this Grant, or (ii) commencement of use of such property ln the performance of this Grant, or (iii) reimbursement of the cost lhereof by COMMERCE in whole or in parl, whichever first occurs. A. Any properly of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for lhe performance of thls Grant. B. The Grantee shall be responsibte for any loss or damage to property of COMMERCE lhat results from lhe negligence of the Grantee or which results from the lailure on the part of the Grantee to maintain and administer that propefi in accordance wlth sound management practices. C. lf any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately nolifr7 COMMERCE and shall take all reasonable steps to protect the properly from further damage. D. The Grantee shall surrender to COMMERCE all property of GOMMERCE prior to settlement upon completion, termination or cancellation of this Grant. All relerence to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/S ubcn ntractors, 21. WATVER Waiver of any default or breach shail not be deemed to be a waiver of any subsequent default or breach, Any waiver shall nol be construed to be a modification of lhe terms of thie Grant unless stated lo be such in writing and signed by Authorized Representative of COMMERCE. State of Washington I,,epartmenl of CommBrcs I nteragenry Grant Agreement Page I I ATTACHMENT A — SCOPE OF WORK AND BUDGET Grantee: Kittitas County Contract No. 20-5221C-115 Section A: Project Description / Deliverable lottitas County is awarded a $292,364 CDBG-CVI Grant. The County will make these CDBG-CVS funds ava ilable to the following five nonprofits: Kittitas County Chamber of Commerce; HopeSource; Cie Elum Downtown Association; Ellensburg Downtown Association, and the Ellensburg Business Development Auth ority, as grant subrecipients. These funds will result 1n new and increased CDBG eligible public services and microe nte rprise assistance for the Kittitas County CDBG-CVI consortium service area- The project will provide essential assistance to stabilize eligible households and microenterprises imparted by COMD-19 and create economic opportunities. Total project costs are estimated at $292,364. For eligible public services, the project will benefit approximately 76 persons annually and target services to limited clientele with principally low -and moderate -incomes, based on a LM1 household qualification process. For eligible mirro enterprise businesses, the project will benefit approximately 13 - 20 low -and moderate -income rnicroentenorise businesses based on a LMI qualification process. CDSG-CV funded activities will prevent, repare for, and respond to the coronavirus. Section S: Project Activities, Milestones and Budget CDBG Budget + Budget Project Activities Performance Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones 21A General $ 0 Execute grant contract with Commerce. Before first payment Admin. ■ Verify su b recipients do not have an active exclusion record in the federal award system (SAMv gov), request include documentation 1n the CDBG file, and submit a copy to Commerce. ■ Establish suhred pient agreements that include a quarterly beneficiary reporting requirement. 5ubmit a signed copy to Commerce. ■ Establish administrative, financial, reporting, and record keeping systems, including a system to prevent duplication of benefit. Payment requests: Not more than ■ Review subred pie nt reimbursement requests and project costs and invoices against project budget and monthly contract start date. First payment request + Once costs are approved, prepare and submit payment request and project status report to Commerce. within 270 days from ■ Document receipt of grant funds and reimbursement of eligible costs. contract execution ■ Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter. By Jan 31, April 30, July 30. Oct 31. • Complete applicable civil rights requirements. Prior to Commerce's • Conduct an on -site monitoring of subreeipients to verify the grant is used according to CDBG on -site monitoring requirements and all costs reimbursed are allowable. sResolve all monitoring issues with CDBG. Before requesting Accomplish all grant activities. final 5% of CDBG ! • Conduct a final public hearing to review project performance. award • Submit a CDBG-CV Contract Closeout Report. 4 + List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an audit Before audit with the State Auditor's Office to meet the Uniform Guidance (2 CFR Part 200). Section B: Project Activities, Milestones and Budget (continued) CDBG Budget Budget Project Activities Performance Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones 03 Public $217,W4 Complete the environmental review and prepare an environmental review record in compliance Approx. 75 LMI 1 Servlces: with NEPA requirements for CDBG. persons receive I 05Q Develop and establish CDBG-CV program's policies and procedures, including CDBG income direct services by I Subsistence qualification, COVID-19 impact verification, prevent duplication of benefits, and beneficiary 2/31/2023 Payments reporting requirements - De I ive r the direct services identified in the CDBG application through the su b reci pie nts. 05L ■ Allocate and manage public services funds as established in the approved su breci ts j Childcare pi e n agreement and budget, and prevent duplication of benefit. Services Meet the CDBG national objective of principally benefiting low- and moderate -income persons. ■ Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's objective of creating suitable living environments. 19C Micro- $75,OW Complete the environmental review and prepare an environmental review record in compliance Before providing enterprise with NEPA requirements for CDBG microenterprise Assistance Develop and establish CDBG micmenterprise assistance programs policies and procedures, technical and including grant/loan terms, CDBG income qualification, COVID-19 impact verification, duplication financial of benefit prevention, and beneficiary reporting requirements. assistance ■ Conduct outreach and market the microenterprise assistance programs. • Develop and establish financial management systems for tracking microerterprise assistance, training, grant receipts, and repayments for microenterprise assistance. Before executing a = Review and process applications for microenterprise assistance; confirm CDBG eligibility. ■ Complete second tier environmental review for activities as needed. microenterprise ■ Provide microenterprise training and technical assistance. assistance ■ Approve microenterprise assistance agreements. agreement. ■ Execute microenterprise assistance agreements to approved CDBG eligible microenterprises. Complete each I ■ Monitor program progress, contractor performance, and compliance with applicable federal and microenterprise state regulations. assistance 1 • Maintain a complete record for each microenterprise assistance agreement. • Meet the CDBG national objective of principally benefiting Iow- and moderate -income persons. Approx. 13-20 LMI i • Accomplish HUD's outcome of increasing the availability/accessibility of micruenterprise microenterprise tech nicaI and financial assistance to create economic opportunities and respond to COVID-19 owners receive economic impacts. assistance by 1/31/2023 TOTAL: $292,364 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 101 1 Plum Street SE , PO Box 42525 ' Olympia, Washington 98504-2525 . (360) 725-4000 www.commerco,wa.gov October 22,2A20 The I-lonorable Brett Wachsmith Kittitas County Commissjoner, Distriot #3 205 W 5th Ave, Suite 108 Ellensburg, WA 98926 Dear Commissioner Wachsmith: I anr pleased to infolm you that Commerce has awalded Kittitas County up$292,364 in federal Comrnunity Development Block Grant - Coronavirus (CDBG-CV) funds. 'fhis awzu'd is based on the jurisdiction's CDBC-CVI application for activities to prevent, pr'epar€ for, and respond to coronavints in partnership with lt-rcal service prcviders for the CDBG-CVI consol'tium area. Prior to grant contract execution, this letter allows you to begin inctrrring costs not to exceed ten percent of your award as of March 27,2020, for only the lbllowing activities: r Adrninistration including docunented staffilg, travel and training. Ple-application costs, such as public hearing notices and documented staffing and time for the CDBG-CVl consortium building and application Review of environmental laws and autholities, including Section 106 of the National I-Iistolic preselation Act of 1996 r Preliminary engineering design wotk anci consultations needed for the environmental review Sttbrecipient agreements or professional service contlacts for any ofthe above activities A CDBG subrecipient agteement, for use if you pass these funds through to a servioe provider to implement the grant, is availabie in Seotion l8 of the CDBG Management Handbook, which is available electronically at www.comnerce,wa.gov/cdbg and helg. CDBG pl'ocurernent requirements rnust be tbllowed belbre hiring prolbssional servioes or contmctors to be fi.mded by this CDBG award, 'I'hese requirements are in Sections 5 and 7 of the CDBG Management Handbook. CDBG-specific complianc€ with the National Environmental Policy Act (I.trUPA) must be completed before any construction bid advprlising or plopefiy acquisition activity can occur'. These plocedures are described in Section 6 of the CDBG Management Handbook. The Honorable Brett Wachsmith October 22,2020 Page2 Eligible costs will be reimbursed by Commerce after your grant cbnbact with Commerce is executed and the NBPA environmental review is complete (see enclosure for further explanation). All costs to be reimbrused must comply with applicable state and federal requirements. Additional CDBG-CVI implcmentation guidance is available on the CDBG-CV website here and forthooming. The jurisdiction must have an active and unexpired Dun and Bradstreet Numbering Sysiem DUNS) in the System for Awatd Management (SAM) to avoid delays in the disbursiment of flrnds. Grantees are required to maintain an active SAM regishation for the dulation of their contmct by re-activating their DUNS number anmrally at the following website: h ttps ;//www. sanr.sovlSAM/. Ifyour project is not ready to proceed, resulting in the contact's execution being delayed over 90 days from the date of this letter, the CDBG-CVI award may be rescinded, Your contract manager will be contacting you to develop the grant oontract. Until then, ifyou have any questions, please contact Kaaren Roe at 360,725,3018 or kanrcn.ruc(dcomnrerce.. a.gpY, I congratulate you and others for your cfforts thus far, We look forward to working with you to address the impacts of COVID-I9 in your communities. W,rn MnrK K.. l3nrktey / Assistant J)irecto/ Enclosure of CDtsG FUNDING and NEPARESTRICTIONS Costs incuned prior to the CDBG award lettel cannot be reimbursed by CDBG. Eligible costs will be reimbursed by Commerce after a grant contract has been formally execnted and the CDBG-specific ptacedures under NEPA and SEPA are completed. Executing the grant contract and completing the environmental review can occur concurrently. Unless the activily is exempt or categorically excluded and not subject to 24 CFR 58.5 under NEPA, the local government grantee, subreoipients, contractors and all other padicipants may not coninrit CDBG lupn.a-DB-9 fi,uids if the activity would have an adverse environmental impacl or limit the choice of reasonable alternatives. This restriction applies to activities as of the date the CDBG program ISSCI_vS,iLbC.Srrnt rlrglk;irtiul. Portions of pLeliminary design work needed for completion of the environrnental review are allowable, T'itle 1 of the Housing and Community Development Act of 1974 as amended and the environmental teview procedures found in 24 CFR 58.22 apply to any activities as part of a CDBG project, The environmcntal review activities cornpleted for other federal or state funding can coutribute towards but rot entirely meet the CDBG-spocific procedure ,tor NEPA and SEPA. fjecliotr (r ol'thc (ll)l](i-lVlggg$:nrerrt ilrtrrelboqk plovides further detail and the necessary CDBG forms, Project Phase Restrictions on Activities Before CDBG contract is executed and environmcntal review is complete With the award letter; the grantee can begin to incur costs up to l0% of award for the following activities which don't require an envirorunental review IF the grant application requested CDBG funding of these costs: Administration: Executing the CDBG contract, Establishing administrative, financiai, 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 I06 of the National Historic Preselvation Act of I 996, such as: o Consultation letters to affected tribes Cultural resource suffey o Floodplainlwetland determination Preliminary engineering feasibility studies for the environmental assessment, such as surveying and geotechnical or geophysical analysis (excluding ground-disturbing activity of over one cubic aq. ft.). Subcontracting: Subrecipient agreements or professional service contracts for any of the above activities, After CDBG contract cxccution While completing the enyironrnental rerriew All eligible costs will be reimbruscd aften I, The applicable level of environmental review is documented and complete, and funds have been lelea.sed (see environmental r.eview guidance below); 2. The subrecipient agreement is executed, if applicable; 3. Procufement requirements arc nret; and 4. Adequate back-up documentation is subnritted with the payment request, To be eligible for CDBG funding, all costs must be allowable under federal cost principles and CDBG regulations, and identified in grant application's project budget as to be funded by CDBG, The local goverrunent grzurtee must complete the applicable environmental review procedures depending on the type ofproject: l. Activities dgSllrlClttqd by the grantee, ar:d confirmed by Commerce, as exempt or Categodcally Excluded and Wjllrqutjupac! to 24 CFR 58,5 laws, historical structures or cuiturally sensitive land may proceed with commitment of CDBG and non-CDBG funds. 2, Activities that are Categorically Excluded and impaot 24 CFR 58.5 laws, or activities requiring an environmental assessrnent and a Finding of Non-Significance (FONSI), rnust be dggwcntEd appropriately with a request for relEasc of CDBG lunds submitted to Commerce. Only after the Commerce comment period is ended rnd lhntl$ nre t'elcnsed, may CDBG and non-CDBG funds be committed for activities such as: c Finalizing design and bidspecificationsrAdvertisingforconstructionbids. Property acquisition, including sales and purchase agreements. Site Prepuation r Demolition Scelion 6 of lhc (lllll$ Mnrr:rgurncnt I lrtrrdlroolt provides further detail and the necessnry CDISG forms to complete thc environmental review. ATTACHMENT 6.G(1) NEPA Determination of Exemption & Deterrnination of Categorical Exclusion (not subject to Section 58.5) Deterrnination of activities per 24 CFR 58.34(a) and 58.35(b) Local Government Name: Kittitas County Address: 205 W sth Ave Suite 105 Ellensburg WA 98926 Contract Number: 2O-622LC-LL5 v tr tr n n tr n tr tr n u ProJect Description and Location: Kittitas County as a consortiurn with all cities applying to fund CDBC public services and local microenterprise assistance progralns; rcntal and rnottgage assistaucc and dayoare cxpensss for people who have lost inconre due to COVID- I 9 impaots. All CDtsG funded activities must benetjt low-and nroderate-incone persons or mcct the CDBG urgent need national objective critelia, Fundin8 Source: WA State CDB6 Other Funding Sources: The activlty falls lnto the checked category below, and listed at 24 CFR 583a(al as [xempt. t. Environmental and other studies, resource identification, and development of plans and strategies 2, lnformation and financial services 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 seryices concernedwithlrEmployment I Recreation needs r EnergyconservationICrimeprevention . Drug abuse rWelfarerChildcarerEducationrOtherrHealthrCounseling 5, lnspections and testing of properties for hazards or defects 6. Purchase of lnsurance 7. Purchase oftools 8. Engineering ordesign costs 9. Technical assistance and training 10. Ternporary 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 prlncipal and interest on loans made or obligations guaranteed by HUD The actlvlty falls into the checked category llsted below, and ls llsted at 24 CFR 58.35(bl as a Categorlcally Excluded aclivity @! subJect to Sectlon 58,5. 1. Tenant-based rental assistance 2, Supportive Services (including but not limited to)i I Health care t Nutritional services. Housing services r Short term payments for rent/mortgage/utilitycostsrPermanenthousingplacement . Assistance in gaining access to government benefits/servicesrDaycare 3. Operating Costs: r Maintenance r Utilities r Supplies, Security r Furnishings . Staff training and recruitment, Operation r Equipment tr K.Atsl u n ATTACHMENT 6.c(2) NEPA a 4, Economic Development Actlvities: I I Equipment purchase r lnterestsubsldyIlnventoryfinancing . Operating costs', ' Other expense,s no_t-assgcpled ulith _co_nstruction or expansion 5. Activities to assist homeownership of existint or dwelling units under construction, lncluding:r Closing costs and down payment assistance to homebuyers r-_, lnterest buy downs or other actions resulting in transfer of title 5, Affordable housing predevelopment costs. LegalconsultingrDeveloperandothersite-optioncostsIProjectfinancingrAdmlnqlrqtlvecostsforloancommitrr're_nts, zoning approvals, and other activities which don't have a physical impact 7. Approval ofsupplemental asslstance (including insurance or guarantee) to a project previously approved under Part 58, if: the same responsible entlty conducted the envlronmental revlew on the origina I project and re-eval uation of the environmental finding;s is not required under Section 58.47 Section 1. Flood Dlsaster Protectlon Act Section 58.5 requlres compliance with the Flood Disaster Protection Act, However, under 24 cFR 5s.1 (b)(r) the prohibitions are notappllcabletoHUDfinancialassistanceundertheState-administeredCOBGProgram(24CFRpart570,subpartl). Therefore,the Act does not apply. section 2. Aarport Runway clear Zones (civil) and Accident potential Zones (Militaryf Check as dppropriote) Does the project lnvolve HUD asslstance, subsidy or insurance for the purchase or sale of an existing property?flvss Contlnue ls the project located within 2,500 feet of a civil airport or 15,000 feet of a military airfield?Dno Document & proceed to Sectlon 3-regulatlon ls the project located within an FAA-designated civilian airport Runway ClearZone (RCA) or Runway Protection Zone, or within the military Airfield clear Zone (cZ) or Accident Potential zone/Approach Protection Zone (ApZ), based upon information from the alrport or military airfield administrator identifying the boundaries of such zones? Ivrs Contlnue 8no Proceed to Section 3- regulation does not apply. Eruo Document & proceed to Section 3-regulation 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 lrom 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 Sarnple: Section 3. Coastal Earrier Resources Act. Section 58.6 also requires compliance with the Coastal Barrier Resources Act. There are no Coastal Barrier Resource Areas in slqlelTh,eref_olej-tlq-A-c!does!.rg!?ppl.y_.. NEPA CERTIFICATION A Request for Release of Funds (RROF) is not requlred for this project, The activity may be initiated without further environmental review beyond 24 CFR Part 58.6. SEPACERTIFICATION The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental protection Act (SEpA, Chapter 43.21C RCW) and has determined: I vrs Continue ATTACHMET{T 0.G(31 NEPA E The project ls Categorlcally Exempt under SEPA WAC 197.11.800 OR tr The project does not have a probable adverse lmpact on the environment (WAC 197-11-970) and an envlronmental impact statement ls not requlred. Documentatlon supportlng the Determination of Non-signlficance ls contained in the Envlronmental Revlew Record, Prepar"r lIame lprlntl: Judy Pless nile: Budget & Finance Manager Dat€: 03.{12-2021 Slgnaturet r Date: 02-26-2021 Chlef Admlnlstratlve Officlal (prlntf : Brett Wacfismlth Tltle Chalrman, Boqrd of County DocuSign Envelope lD: A855141 0-E673-498A-99CD-6E49493F64AE Amendment Face Sheet Contract Number : 20-6221C-l I 5 Amendment Number: A Washington State Department of Commerce Local Government Division Community Development Block Grant Program CDBG-CVI and CDBG-CV2 l. Grantee Kittitas County 205 W 5th Ave Suite 108 Ellensburg, WA 98926 2. Grantee Doing Business As (optional) N/A 3. Grantee Representative (only if updated) Brett Wachsmith, Chair Kittitas County Commissioner Phone: 509.962.7508 Email : brett.wachsmith.co@co.kittitas.wa.us 4. COMMERCE Representative (only if updated) Genny Matteson, Project Manager pO Box 42525 Phone: (360) 725-3093 10ll plum St SE Fax:(360) 586-8440 Olympia, WA 99504-2525 genny.matteson@commerce.wa. gov 5. Original Grant Amount and any previous amendments) 292,364 $1s4,766 6. Amendment Amount 7. New Grant Amount 447,130 8. Amendment Funding Source Federal: X State: Other: N/A: 9. Amendment Start Date Date of Execution 10. Amendment End Date June30,2023 11. Federal Funds (as applicable): 447,130 Federal Agency: U.S. Department of Housing and Urban Development CFDA Number: 14.228 12. Amendment Purpose: To add the CDBG-CV2 grant amount to the CDBG-CVl grant amount; to revise the scope of work for the additional funds; and to increase activities that prevent, prepare for, and respond to coronavirus in the CDBG-CV consortium area. To update Special Terms & Conditions, 3. Acknowledgement of Federal Funds to Washington State: CDBG-CV Federal Award Date - February 11,2021; CDBG-CV Total Federal Award Amount -538,217,218. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" - Scope of Work and Budget. A copy of this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee. Any reference in the original Grant to the "Grant" shall mean the "Grant as Amended". by: tult lltuLs^,tL The Honorable Brett Wachsmith, Chair Kittitas County Board of Commissioners Kittitas County 7/L9/202L I 10:56 AM PDr Date FOR GRANTEE FORCOMMERCE f-DocuSigned by: I l^NL h^yLlu, n"r ronr"a^"r^^ I Mark K. Barkley, Assistant Director Local Government Division 7/I9/202L I L2:07 PM PDr Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20120t4 Date DocuSign Envelope ID: AB55141 a-E673-49BA-99CC-6E49493F64AE Attachment A ATTACHMENT A — SCOPE OF WORK AND BUDGET Grantee: Kittitas County Contract No. 20-5221C-115 Amendment A Section A: Project Description / Deliverable Kittitas County is awarded a $154,766 CDBG-CV2 Grant. The County will make CDBG-CV funds available to the following nonprofits. Comprehensive Health Care; Kittitas Valley Healthcare; Kittitas County Chamber of Commerce; HopeSource; Cie Elum Downtown Association; Ellensburg Downtown Association, and the Ellensburg Business Development Authority, as grant subrecipients. These funds will result in new and increased CDBG eligible public services and microenterprise assistance for the Kittitas County CDBG-CV consortium service area. The project will provide essential assistance to stabilize eligible households and microenterprises impacted by COVID-19 and create economic opportunities. Combined with the County's CDBG-CV1 award, total project costs are estimated at $447,130. For eligible public services, the project will benefit approximately 5,176 persons annually and target services to limited clientele with principally low -and moderate -incomes (LMI), based on a LMi household qualification process. For eligible microenterprise businesses, the project will benefit approximately 13 - 20 LMI microenterprise businesses based on a LMI qualification process. CDBG-CV funded activities will prevent, prepare for, and respond to the coronavirus. Section B: Project Activities, Milestones and Budget CDBG Budget Project Activities Performance Budget Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones Code 21A $0 ■ Execute grant contract with Commerce. Before first payment General ■ Verify subrecipient does not have an active exclusion record in the federal award system (SAM.gov), include request Admin. documentation in the CDBG file, and submit a copy to Commerce. ■ Establish a subrecipient agreement that includes the quarterly beneficiary reporting requirement. Submit a signed copy to Commerce. ■ Establish administrative, financial, reporting, and record keeping systems, including a system to prevent duplication of benefit. Payment requests: Not more than monthly ■ Review subrecipient reimbursement requests and project costs and invoices against project budget and contract First payment request start date. within 270 days from ■ Once costs are approved, prepare and submit payment request and project status report to Commerce. contract execution ■ Document receipt of grant funds and reimbursement of eligible costs. ■ Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter. By Jan 31, April 30, July 30, Oct 31. DocuSign Envelope ID AB55141D-E673-49BA-99CD-6E49493F64AE Attachment A • Complete applicable civil rights requirements. Prior to Commerce's on - Conduct an on -site monitoring of the subrecipient to verify the grant is used according to CDBG requirements and site monitoring all costs reimbursed are allowable. ■ Resolve all monitoring issues with CDBG. Before requesting final ■ Accomplish all grant activities. 5%of CDBG award ■ Conduct a final public hearing to review project performance. ■ Submit a CDBG Contract Closeout Report. ■ List CDBG expenditures in your annual Schedule of Expenditures of rederal Awards and arrange an audit with the Before audit State Auditor's Office to meet the Uniform Guidance (2 CFR Part 200). Section B: Project Activities, Milestones and Budget (continued) CDBG Budget Project Activities Performance Milestones Budget Amount *Must complete each bulleted project activity to meet the corresponding milestone. Code 05 $372,130 • Complete the environmental review and prepare an environmental review record in compliance with Approx. 5,176 persons Public NEPA requirements for CDBG. receive direct services by Service • Develop and establish CDBG-CV program's policies and procedures, including CDBG income 6/30/2023 s qualification, COVID-19 impact verification, prevent duplication of benefits, and beneficiary reporting requirements. ■ Deliver the direct services identified in the CDBG application through the local community action program/local economic development council, etc. ■ Allocate and manage public services funds as established in the approved subrecipient /partnership agreement and budget, and prevent duplication of benefits. ■ Meet the CDBG national objective of principally benefiting low- and moderate -income persons. * Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's objective of creating suitable living environments. 18C $75,000 • Complete the environmental review and prepare an environmental review record in compliance with Before providing Micro- NEPA requirements for CDBG. microenterprise technical enterpr • Develop and establish CDBG-CV microenterprise assistance program's policies and procedures, and financial assistance ise including grant/loan terms; CDBG income qualification, COVID-19 impact verification, prevent Assista duplication of benefits, and beneficiary reporting requirements. nce • Conduct outreach and market the microenterprise assistance programs. ■ Develop and establish financial management systems for tracking microenterprise assistance, training, grant receipts, and repayments for microenterprise assistance. DocuSign Envelope ID: AB551410-E673-49BA-99CD-6E49493F64AE Attachment A • Review and process applications for microenterprise assistance; confirm CDBG eligibility. • Complete second tier environmental review for activities as needled. ■ Provide microenterprise training and technical assistance. • Approve microenterprise assistance agreements. Before each microenterprise assistance agreement is finalized/executed • Execute microenterprise assistance agreements for approved CDBG eligible microenterprises. • Monitor program progress, contractor performance, and compliance with applicable federal and state Complete each regulations. microenterprise ■ Maintain a complete record for each microenterprise assistance agreement. assistance ■ Meet the CDBG national objective of principally benefiting low- and moderate -income persons. Approx.13 -20 LMI ■ Accomplish HUD's outcome of increasing the availability accessibility of microenterprise technical and microenterprise owners financial assistance to create economic opportunities and respond to COVID-19 economic impacts. receive assistance by 6/30/2023 TOTAL: $447,130 DocuSign Envelope lD: A8551410-E673-49BA-99CD-6E49493F64AE 3[hffiffiffir DocuSign Routing Form Local Government Division Contract Number: 20-5221C-L1-5 Amendment A Grantee Name: Kittitas Countv Project Name: CDBG-CV CV2 Contract Total: qry,BO Contract End Date: 6130/23 The amendment has been approved by the CV2 Project Manager and the CDBG-CV Section Manager. r"* 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. x** This document is set up to be merged out of CMS, if you choose to use it as is. Click here for lqu to Merge Documents from CMS lnstructions. ** Review bv Fitlel:Name:Date:lnitials: Managing Director Tina Hochwender 7/L9/202L I L:oe AM ,o&. Operations/Budget Manager before AD signature) Tony Hanson 7/Le/202L I L', t-1; 05 PM pot- Updated February 2O2L D'ocuSign Gertificate Of Completion Envelope ld : 48551 41 08673498A99CD0E49493F64AE Subject: Please DocuSign: Amendment A Kittitas County CV2 Division: Local Government Program: CDBG-CV CV2 ContractNumber: 20-622'l C-| I 5 A Source Envelope: Document Pages: 5 Signatures: 2 Certificate Pages: 5 lnitials: 2 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 711612021 l0:09:01 AM Security Appliance Status: Connected Storage Appliance Status: Connected Holder: Josh Woodson josh.woodson@commerce.wa.gov Pool: StateLocal Pool: Washington Stale Department of Commerce Signature Status: Completed Envelope Originator: Josh Woodson 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 josh.woodson@commerce.wa.gov lP Address: 147.55.149.155 Location: DocuSign Location: DocuSign Timestamp Senl: 7 /162021 1 0: 1 5:46 AM Viewed: 711912021 10:55:41 AM Signed: 719/2021 10:56:08 AM Sent 7 11612021 1 0:1 5:46 AM Resent: 7/19/2021 10:56:10 AM Viewed: 711912021 11:07:53 AM Signed: 7/19/2021 1 1 :09:18 AM Sent: 7 11612021 1 0: 15:46 AM Resent: 7/19/2021 1 1 :09:20 AM Viewed: 7l1Sl2O2'l 12:05:17 PM Signed: 7/1 9/2021 12:05:34 PM Signer Events Brett Wachsmith brett.wachsmith.co@co. kift itas.wa.us Security Level: Email, Account Authentication None) Electronic Record and Signature Disclosure: Accepted: 711912021 10:55:41 AM lD: d7 91 a012-4526-4'l 90-ada7-ad03fc201 d8a Tina Hochwender tina. hochwender@commerce.wa. gov Security Level: Email, Account Authenlication 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 Signature Adoption: Pre-selected Style Using lP Address: 66.243.254.18 Gi"sk* e Signature Adoption: Pre-selected Style Using lP Address: 147.55.134.79 Signature Adoption: Pre-selected Style Using lP Address: 147.55.'134.'11 @ Signer Events Mark Barkley mark. barkley@commerce.wa. gov Assistant Director Washington State Department of Commerce Security Level: Email, Account Authentication None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ln Percon Signer Events Editor Delivery Events Agent Delivery Events lntermediary Delivery Events Certified Delivery Events Garbon Gopy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Signature Adoption: Pre-selected Style Using lP Address: 198.239.1 0.153 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Senl: 7 I 1612021 1 0: 1 5:47 AM Resent: 7/19/2021 12:05:36 PM Viewed: 711912021 12:07:11 PM Signed: 7/19/2021 12:07 .16 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 71161202'1 10:15:47 AM 711912021 12:07:11 PM 711912021 12:07:16 PM 71191202'1 12:07:16 PM Timestamps Signature Wi;*q Payment Events Status Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 811112020 4:44:12 PM Parties agreed to: Brett Wachsmith ELECTRONIC RECORD AND SIGNATURI, DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a 0.15 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences ofyour electing not to receive delivery ofthe notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusien.com/guides/signer-guide- si gnin g-system-requ irements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to 'I agree to use electronic records and signatures' before clicking'CONTINUE' within the DocuSign system. By selecting the check-box next to 'l agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authoizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce.