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Home My WebLink AboutCONSENT CDBG agreement JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Josh Peters,County Administrator FROM: Amanda Christofferson, Grants Administrator DATE: October 20,2025 SUBJECT: Approval and Execution of grant agreement with Washington State Department of Commerce Community Development Block Grant(CDBG)-Public Services program for 2025-2026 funding of$103,000.00. STATEMENT OF ISSUE: CDBG-Public Services program is intended to serve low-and moderate-income persons in Jefferson and Clallam counties.Jefferson County will subcontract with Olympic Community Action Programs(OlyCAP) to provide services to homeless persons at the Caswell Brown Village for July 1,2025 -June 30,2026. ANALYSIS: A public hearing was held in July of 2025 to hear testimony from OlyCAP regarding their expenditure of 2024-2025 funding and their proposed use for 2025-2026 finding. Hearing no conflict from the public with the proposed use of 2025-2026 funding to serve the homeless population the BOCC moved to submit CDBG-Public Services request based on these proposed services. This contract from Commerce was delayed, it includes an additional document to be signed,the"6-G Determination of Exemption& Determination of Categorial Exclusion"for our Environmental Review Record. This is an acknowledgement that the federal funds are being used for services and no activity requiring environmental impact review. FISCAL IMPACT: Available CDBG - Public Services funding for the 2025-2026 contract period is $103,000.00. Jefferson County will retain $3,000.00 and pass through$100,000.00 to OlyCAP as a subrecipient. RECOMMENDATION: Staff requests the Board approve a motion to delegate signing authority to Jefferson County Administrator Josh Peters via electronic signature to execute the CDBG-Public Services contract for 2025-2026 and the additional "6-G Determination of Exemption & Determination of Categorial Exclusion"to BOCC Chairperson Commissioner Heidi Eisenhour. REVIEWED BY: Jos �eters,County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State Department of Commerce-CDBG-Public Services Contract No: 25-64210-007 Contract For: Homeless services Term: July 1, 2025-June 30, 2026 COUNTY DEPARTMENT: Auditors office Contact Person: Amanda Christofferson Contact Phone: 360-385-9232 Contact email: amchristofferson©co.jefferson.wa.us AMOUNT: $103,000.00 PROCESS: — Exempt from Bid Process Revenue: $103,000.00 Cooperative Purchase Expenditure: $100,000.00 Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Sources(s)of Matching Funds _ Vendor List Bid Fund# 123 _ RFP or RFQ Munis Org/Obj ✓ Other:Grant APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: �■ N/A:� 4ktad c 4Z C _10/14/2025 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑� N/A: El 4fritaosda, ��Ifiti.22,/� 4- 10/14/2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 10/14/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 10/14/2025. State grant agreement. Hard to change. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 ATTACHMENT 6-G (1) Determination of Exemption & Determination of Categorical Exclusion (not subject to Section 58.5) 24 CFR 58.34(a) and 58.35(b) Grantee/Responsible Entity (City, Town or County): Jefferson County _ Project Name: 12025 Public Services Total Project Cost: $ 103,000.00 List Proposed Funding Sources and Amounts: CDBG $103,000 Project Location: C lallam and Jefferson counties Project Representative: Cmanda Christcfferson, Grants Administrator Telephone Number: '360-385-9232 Description of the Proposal: Include all contemplated actions,which logically are geographically or functionally a composite part of the project, regardless of the source of funding. [24 CFR 58.32] Public Services through Olympic Community Action Programs to low- and moderate-income persons in Clallam and Jefferson counties. The activity falls into the checked category below, and listed at 24 CFR 58.34(a) as Exempt. (i 1. Environmental and other studies, resource identification, and development of plans and strategies 2. Information and financial services n 3. Administrative and management activities 4. Public services that will not have a physical impact or result in any physical changes including but not limited to services concerned with: I� I • Employment • Recreation needs • Energy conservation • Crime prevention • Drug abuse • Welfare • Child care • Education • Other • Health • Counseling n 5. Inspections and testing of properties for hazards or defects ❑ 6. Purchase of insurance n 7. Purchase of tools n 8. Engineering or design costs • 9. Technical assistance and training 10. Temporary or permanent improvements that do not alter environmental conditions and are limited to (� activities to protect, repair or arrest the effects of disasters or imminent threats to public safety, including those resulting from physical deterioration. U 11. Payment of principal and interest on loans made or obligations guaranteed by HUD December 2022 ATTACHMENT 6-G (2) The activity falls into the checked category listed below, and is listed at 24 CFR 58.35(b) as a Categorically Excluded activity not subject to Section 58.5. 1. Tenant-based rental assistance 2. Supportive Services(including but not limited to): • Health care • Nutritional services • Housing services • Short term payments for rent/mortgage/utilities • Permanent housing placement • Assistance in gaining access to government • Day care benefits/services 3. Operating Costs: • Supplies • Maintenance • Utilities • Staff training and recruitment ✓ • Security • Furnishings I • Operation • Equipment 4. Economic Development Activities: • Interest subsidy • Other expenses not associated • Equipment purchase • Operating costs with construction or expansion • Inventory financing 5. Activities to assist homeownership of existing or dwelling units under construction, Including: i ri • Closing costs and down payment assistance to homebuyers • Interest buy downs or other actions resulting in transfer of title 6. Affordable housing pre-development costs • Legal consulting • Developer and other site-option costs • Project financing • Administrative costs for loan commitments, zoning approvals, and other non-construction activities 7. Approval of supplemental assistance (including insurance or guarantee) to a project previously Li approved under Part 58, if: the same responsible entity conducted the environmental review on the original project and re-evaluation of the environmental findings is not required under Section 58.47 Additional HUD Laws s&Authorities (24 CFR 58.6) Section 1. Flood Disaster Protection Act Section 58.6 requires compliance with the Flood Disaster Protection Act. However, under 24 CFR 55.1 (b)(1) the prohibitions are not applicable to HUD financial assistance under the State-administered CDBG Program (24 CFR part 570, subpart I). Therefore, the Act does not apply. Section 2. Airport Runway Clear Zones (Civil) and Accident Potential Zones (Military) Comply with 24 CFR Part 51, Subpart D which may include providing a written notice to a prospective buyer or leaser of the potential hazards from airplane accidents and the potential that an airport or airfield operator may wish to purchase the property at some point in the future as part of a clear zone acquisition program. Maintain copies of the signed notice. For properties located in a military clear zone, make and document a determination of whether the use of the property is generally consistent with DOD guidelines. (Check as appropriate) 2a. Does the project involve HUD assistance, subsidy or insurance for the ✓ NO purchase or sale of an existing property? YES Skip 2b and 2c- Continue regulation does not apply. 2b. Is the project located within 2,500 feet of a civil airport or 15,000 feet of I ✓ NO a military airfield? r YES Skip 2c- Continue regulation does not apply. 2c. Is the project located within an FAA-designated civilian airport Runway Clear Zone (RCA) or Runway Protection Zone, or within the military ✓ NO Airfield Clear Zone (CZ) or Accident Potential Zone/Approach Protection YES Document— Zone (APZ), based upon information from the airport or military airfield Continue regulation does not administrator identifying the boundaries of such zones? apply. Section 3. Coastal Barrier Resources Act. Section 58.6 also requires compliance with the Coastal Barrier Resources Act. There are no Coastal Barrier Resource Areas in Washington State. Therefore, the Act does not apply. December 2022 ATTACHMENT 6-G (3) SEPA CERTIFICATION The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental Protection Act(SEPA, Chapter 43.21 C RCW) and has determined: ,/ The project is Categorically Exempt under SEPA WAC 197.11.800 OR The project does not have a probable adverse impact on the environment (WAC 197-11-970) and an environmental impact statement is not required. Documentation supporting the Determination of Non- significance is contained in the Environmental Review Record. NEPA CERTIFICATION A Request for Release of Funds (RROF) is not required for this project. The Responsible Entity can initiate the activity without further environmental review beyond 24 CFR Part 58.6. Preparer Name and Title (print): Amanda Christofferson Signature: Date: 09/30/2025 Certifying Official Name and Title (print): Heidi Eisenhour, Jefferson County BOCC Chair Signature: Date: This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project(ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s). December 2022 Docusign Envelope ID: EA2AAD55-0587-44B5-9814-D5AFB6D871 DB INWashington State Department of iP 40 Commerce Federal Interagency Agreement with Jefferson County through Community Development Block Grant (CDBG) Program Public Services Grants Grant Number: 25-64210-007 For Public Services through Olympic Community Action Programs to low- and moderate-income persons in Clallam and Jefferson counties. Dated: 7/1/2025 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871DB el& Washington State Department of Ni►r Commerce Table of Contents Face Sheet 4 Special Terms and Conditions 5 1. Definitions 5 2. Authority 5 3. Acknowledgement of Federal Funding 5 4. Grant Management 5 5. Compensation and Expenses 6 6. Subgrantee(s)/Subcontractor(s) Data Collection 6 7. Indirect Costs 6 8. Billing Procedures and Payment 6 9. Audit 7 10. Fraud and Other Loss Reporting 7 11. Debarment 7 12. Insurance 8 13. Closeout 10 14. Public Records Act 10 15. Reduction in Funds 11 16. Order of Precedence 11 General Terms and Conditions 12 1. Definitions 12 2. All Writings Contained Herein 12 3. Amendments 12 4. Assignment 13 5. Breaches of Other State Contracts 13 6. Code Requirements 13 7. Confidentiality and Safeguarding of Information 13 8. Copyright 13 9. Disputes 14 10. Governing Law and Venue 14 11. Indemnification 14 12. Licensing, Accreditation, and Registration 14 13. Publicity 14 14. Recapture 14 15. Records Maintenance 15 16. Registration with Department of Revenue and Secretary of State 15 17. Right of Inspection 15 18. Savings 15 19. Severability 15 20. Site Security 15 21. Subgranting/Subcontracting 15 22. Survival 16 23. Taxes 16 24. Termination for Cause 16 25. Termination for Convenience 17 26. Termination or Suspension for Loss or Reduction of Funding 17 27. Termination Procedures 17 28. Treatment of Assets 18 29. Waiver 18 Page 2 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB Attachment A: Community Development Block Grant Requirements 19 1. General Compliance 19 2. 2 CFR 200 19 3. Prohibited Activities 19 4. Property Standards 19 5. Federal Funding Accountability and Transparency Act(FFATA) 19 6. Build America, Buy America 19 7. Environmental Review 19 8. Historical or Cultural Artifacts, Human Remains 20 9. Relocation, Real Property Acquisition 20 10. Acquisition and Disposition of Assets 20 11. Labor Standards and Employment 20 12. Section 3 of the Housing and Urban Development Act of 1968 21 13. Performance Reporting 22 14. Program Income 22 15. Nondiscrimination 22 16. Conduct 23 17. Religious Activity 24 Attachment B—Scope of Work and Budget 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871DB ent w shingIon State Department of 94► Commerce Face Sheet Grant Number: 25-64210-007 Local Government Division 0 Subrecipient Community Development Block Grant(CDBG) Program ❑ Contractor 1. GRANTEE 2. GRANTEE Doing Business As (optional) Jefferson County N/A 1820 Jefferson St Port TownsendWA 98368 3. GRANTEE Representative 4. COMMERCE Representative Amanda Christofferson, Grant Administrator Jeff Hinckle, Project Manager (360)385-9232 PO Box 42525/1011 Plum Street SE, Olympia, WA 98504 amchristofferson@co.jefferson.wa.us jeff.hinckle@commerce.wa.gov 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $103,000 Federal: ✓ State: Other: 7/1/2025 6/30/2026 9. Federal Funds Federal Agency ALN (CFDA#) Indirect Rate $103,000 U.S. Department of Housing 14.228 N/A and Urban Development(HUD) 10.Tax ID# 11. SWV# 12. UBI# 13. UEI# On File 0002430-28 161-001-169 FGN7DDMJA7H7 14.Award Method NOFO/RFX# Proviso# ❑ Competitive N/A N/A El Non-Competitive 15. Grant Purpose Public Services through Olympic Community Action Programs to low- and moderate-income persons in Clallam and Jefferson counties.-A full description of the project is in Attachment"B"Scope of Work and Budget. COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant Agreement and Attachments and have executed this Grant Agreement on the date below and warrant they are authorized to bind their respective agencies.The rights and obligations of both parties to this Grant Agreement are governed by this Grant Agreement and the following other documents incorporated by reference: Grantee Terms and Conditions including Attachment "A" — Community Development Block Grant Requirements and Attachment"B"—Scope of Work and Budget. FOR GRANTEE FOR COMMERCE The Honorable Josh Peters Mark K. Barkley,Assistant Director Jefferson County Administrator Local Government Division Date Date Approved as only: TEMPLATE APPROVED AS TO FORM ONLY Lisa Koperski,Assistant Attorney General for 10/14/2025 September 23, 2025 Philip C.Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 4 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB A41Ik Washington State Department of V410 Commerce Special Terms and Conditions 1. Definitions A. "Contractor" and "GRANTEE' in this Grant Agreement, and the term "subrecipient" found in the federal Community Development Block Grant(CDBG) rules and regulations, shall mean the same. B. "Low- and moderate-income" shall mean a household income equal to or less than 80 percent of area median income adjusted by family size. C. "Subgrantee(s)/Subcontractor(s)" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant Agreement under a separate agreement with the GRANTEE. The terms "Subgrantee(s)/Subcontractor(s)" mean subgrantee(s)/subcontractor(s) in any tier. D. "Subrecipient" shall mean a nan-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. 2. Authority COMMERCE and GRANTEE enter into this Grant Agreement pursuant to the authority granted by the Interlocal Cooperation Act, RCW 39.34. 3. Acknowledgement of Federal Funding Federal Award Identification Number(FAIN): B-25-DC-53-0001 Federal Award Date: 5/1/2025 Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Subaward from Commerce State CDBG Program to GRANTEE: $103,000 Awarding official: Joe Nguyen, Director(360) 725-4021 Research & Development (R&D): Award will not be used for R&D Unless otherwise specifically authorized herein, the budget period start and end dates shall be the same as the start and end dates on the Face Sheet. The GRANTEE agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the GRANTEE describing programs or projects funded, in whole or in part, with federal funds under this Grant Agreement, shall contain the following statements: "This project was supported by Grant No. B-25-DC-53-0001 awarded by the U.S. Department of Housing and U-ban Development (HUD). Points of view in this document are those of the author and do not necessarily represent the official position or policies of HUD. Grant funds are administered by the Community Development Block Grant Program, Washington State Department of Commerce." 4. Grant Management The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant Agreement. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant Agreement. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant Agreement. Page 5 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB .;%+.washing:on Stale Department of v40 Commerce 5. Compensation and Expenses COMMERCE shall pay an amount not to exceed the Grant Amount identified on the Face Sheet of this Grant Agreement for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work in Attachment"B" - Scope of Work and Budget. GRANTEE shall receive reimbursement for approved expenses as identified below or as authorized in advance by COMMERCE as reimbursable.The maximum amount to be paid to the GRANTEE for authorized expenses shall not exceed the Grant Amount identified on the Face Sheet. GRANTEE shall receive reimbursement for travel and other expenses as authorized in advance by COMMERCE as reimbursable. GRANTEE shall receive compensation for travel expenses at current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. 6. Subgrantee(s)/Subcontractor(s) Data Collection GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant Agreement performed by Subgrantee(s)/Subcontractor(s) and the portion of grant funds expended for work performed by Subgrantee(s)/Subcontractor(s), including but not necessarily limited to minority-owned, woman- owned, and veteran-owned business Subgrantee(s)/Subcontractor(s). "Subgrantee(s)/Subcontractor(s)" shall mean Subgrantee(s)/Subcontractor(s) of any tier. 7. Indirect Costs The GRANTEE shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists, a de minimis indirect cost rate of up to 15% of modified total direct costs (MTDC) may be used. 8. Billing Procedures and Payment COMMERCE will pay GRANTEE upon acceptance of deliverables or services provided and receipt of properly completed invoices, which shall be submitted to COMMERCE via the Contracts Management System (CMS). The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and any expenses to be reimbursed. The invoice shall include the Grant Number identified on the Face Sheet of this Grant Agreement. If expenses are invoiced, provide a detailed breakdown of each type. Except for approved indirect costs, if any, a receipt must accompany any single expense in the amount of$50.00 or more to receive reimbursement. Any expense reimbursed under this Grant Agreement which is later determined to be unallowable must be repaid according to the terms COMMERCE provides. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be made electronically utilizing Contractor's Statewide Vendor (SWV) number. COMMERCE may, in its sole discretion, terminate the Grant Agreement or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant Agreement, including completion of the CDBG program Environmental Review and the release of funds (if applicable). No payments in advance or in anticipation of services or supplies to be provided under this Grant Agreement shall be made by COMMERCE. If subgranting and/or subcontracting is authorized by COMMERCE, all Subgrantee(s)/Subcontractor(s) payments are reimbursable expenses within the meaning of this Grant Agreement. GRANTEE must have, and may be required to demonstrate, the means to pay each and every Page 6 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB .'f1b`Washington State Department of !.#Commerce Subgrantee(s)/Su bcontractor(s). Failure to pay Subgrantee(s)/Subcontractor(s) as agreed may result in suspension or termination of this Grant Agreement. COMMERCE may, in its sole discretion, withhold up to 5% of the Grant Amount identified on the Face Sheet until acceptance by COMMERCE of project completion. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. If applicable, final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Subgrantee(s)/Subcontractor(s) must invoice for all expenses from the beginning of the Grant Agreement through June 30, regardless of the Grant Agreement start and end date. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subgrantee(s)/Subcontractor(s). Unless otherwise authorized by COMMERCE in writing, reimbursable payroll costs shall not include employee overtime nor bonus pay. The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subgrantee(s)/Subcontractor(s). 9. Audit If the GRANTEE expends $1,000,000 or more in federal awards as a Subrecipient from any and all sources in a fiscal year, the GRANTEE shall procure and pay for a single audit or a program-specific audit for that fiscal year in accordance with 2 CFR 200 Subpart F. In accordance with 2 CFR 200.501(h), for-profit Subrecipients expending $1,000,000 or more in federal awards in a fiscal year are also required to procure and pay for a single audit or program-specific audit for that fiscal year. Upon completion of each audit GRANTEE shall send all audit documentation to the Federal Audit Clearinghouse. If the GRANTEE expends less than $1,000,000 in federal awards as a Subrecipient from any and all sources in a fiscal year the GRANTEE shall notify COMMERCE they did not meet the audit requirement threshold within 30 calendar days of the end of that fiscal year. 10. Fraud and Other Loss Reporting GRANTEE shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Grarrt Agreement immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 11. Debarment A. GRANTEE, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement Page 7 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB A A Washing:on State Department of V410V Commerce or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the GRANTEE is unable to certify to any of the statements in this Grant Agreement, the GRANTEE shall attach an explanation to this Grant Agreement. C. The GRANTEE agrees by signing this Grant Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The GRANTEE further agrees by signing this Grant Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Subgrantee(s)/Subcontractor(s) certifies, by signing this Grant Agreement 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. ii. Where the lower tier Subgrantee(s)/Subcontractor(s) is unable to certify to any of the statements in this Grant Agreement, such contractor shall attach an explanation to this Grant Agreement. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this Section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. GRANTEE may contact COMMERCE for assistance in obtaining a copy of these regulations. 12. Insurance A. Insurance Requirements for Reimbursable Activities The GRANTEE must have insurance coverage that is substantially similar to the coverage described in Section 15B below for all periods in which GRANTEE performed work for which it will seek reimbursement. The intent of the required insurance is to protect the State of Washington should there be any Claims, suits, actions, costs, damages or expenses arising from any loss or negligent or intentional act or omission of the GRANTEE or Subgrantee(s)/Subcontractor(s), or agents of either, while performing under the terms of this Grant Agreement. B. Additional Insurance Requirements During the Term of the Grant Agreement i. The GRANTEE shall provide proof to COMMERCE of insurance coverage that shall be maintained in full force and effect, as indicated below, and shall submit renewal certificates not less than 30 calendar days prior to expiration of each policy required under this Section: a. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of or related to this Grant Agreement but in no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantee(s)/Subcontractor(s) provide adequate Page 8 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB 114OA N/ashing:on State Department of NO Commerce insurance coverage for the activities arising out of or related to subgrants and/or subcontracts (if any). Commercial General Liability Insurance coverage shall be maintained in full force and effect during the term of this Grant Agreement and throughout the term of the deed of trust, if applicable. b. Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to permit such insurance to be written at all times on a replacement cost basis. Such insurance shall cover the following hazards, as applicable: 1. Loss or damage by fire and such other risks; 2. Loss or damage from leakage or sprinkler systems now or hereafter installed in any building on the premises; 3. Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage tanks, cr similar apparatus now or hereafter installed in a building or building on the premises. This property insurance coverage must be maintained in full force and effect throughout the term of this Grant Agreement and the term of the deed of trust, if applicable. c. Professional Liability, Errors, and Omissions Insurance. If GRANTEE will be providing any professional services to be reimbursed under this Grant Agreement, the GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance with minimum limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or under contract to the GRANTEE. The State of Washington, the Department of Commerce, its agents, officers, and employees need not be named as additional insureds under this policy. This insurance must be maintained throughout the term of the deed of trust, if applicable. GRANTEE shall require that any Subgrantee(s)/Subcontractor(s) providing professional services that are reimbursable under this Grant Agreement maintain Professional Liability or Errors and Omissions Insurance at the coverage levels set forth in this subsection. d. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss where: 1. The amount of fidelity coverage secured pursuant to this Grant Agreement shall be $2,000,000 or the highest of planned reimbursement for the Grant Agreement period, whichever is lower. Fidelity insurance secured pursuant to this paragraph shall name the State of Washington, the Department of Commerce, its agents, officers, and employees as beneficiary. 2. Subgrantee(s;/Subcontractor(s) that receive $10,000 or more per year in funding through this Grant Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantee(s)/Subcontractor(s) pursuant to this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent (if any) as beneficiary. 3. Fidelity Insurance coverage shall be maintained in full force and effect from the start date of .his Grant Agreement until GRANTEE has submitted a Closeout Certification Form, subject to the following: Fidelity Insurance must be issued on either (a) a "loss sustained" basis; or (b) if issued on a "loss-discovered" basis, provide coverage for at least 6 months following the date of COMMERCE's receipt of the Closeout Certification Form. ii. The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. Except as otherwise set forth in this Section, each insurance policy shall name"the State of Washington the Department of Commerce, its agents, officers, and employees"as additional insureds on all policies. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE 30 calendar days'advance notice of any insurance cancellation or modification. Page 9 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB Washing:on State 4� Department of V4e Commerce iii. The GRANTEE shall submit to COMMERCE within 15 calendar days of the Grant Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section including, without limitation, the type of insurance coverage under the policy, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided 30 days' advance written notice of cancellation. During the term of the Grant Agreement, the GRANTEE shall submit renewal certificates not less than 30 calendar days prior to expiration of each policy required under this Section. Additionally, GRANTEE shall provide copies of insurance instruments or certifications at COMMERCE's request and until six months after Grant Agreement closeout. Copies of such insurance instruments and certifications will be provided within 15 calendar days of COMMERCE's request unless otherwise agreed to by the parties. iv. GRANTEES and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program — With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self- insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE,the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)Governmental Accounting Standards Board(GASB),2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the aggregate Claim liability information reported on the balance sheet. The State of Washington, the Department of Commerce, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self- insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self- insurance will be provided on the anniversary of the start date of this Grant Agreement. 13. Closeout COMMERCE will advise the GRANTEE to initiate closeout procedures when there are no impediments to closing and the following criteria have been met or soon will be met: A. All costs have been incurred with the exception of closeout costs and any unsettled third-party claims against the GRANTEE. B. The GRANTEE has held a public hearing to review program performance. C. The GRANTEE has submitted the Contract 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. 14. Public Records Act Notwithstanding General Terms and Conditions Section 5 (Confidentiality and Safeguarding of Information), COMMERCE is a public agency subject to the Public Records Act, RCW 42.56 (PRA). Under the PRA, all materials relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its functional equivalents are considered public records. The PRA requires that public records responsive to a public records request be promptly produced unless the PRA or an "other statute" exempts such records from production. This Grant Agreement is not intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE receives a public records request for files that may include confidential information under General Terms and Conditions Section 5 (Confidentiality Page 10 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB % 9e.washing;on State Department of s##Commerce and Safeguarding of Information) COMMERCE may notify the other party of the request and of the date that the records will be released to the requester unless GRANTEE obtains a court order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, COMMERCE may release the requested information on the date specified. If the GRANTEE obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, COMMERCE shall maintain the confidentiality of the information per the court order. 15. Reduction in Funds In the event that funds appropriated for the Project contemplated under this Grant Agreement are withdrawn, reduced, or limited in any way by the Federal government, or other funding source, during the Grant Agreement period, the parties understand and agree that COMMERCE may suspend, amend, or terminate the Grant Ag-eement to abide by the revised funding limitations. The parties understand and agree that GRANTEE shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE and shall meet and renegotiate the Grant Agreement accordingly. 16. Order of Precedence In the event of an inconsistency in this Grant Agreement, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Attachment A—Community Development Block Grant Requirements • Special Terms and Conditions • General Terms and Conditions • Attachment B— Scope of'Alork and Budget • Community Development Block Grant (CDBG) policies and procedures including the CDBG Management Handbook, prepared by Commerce, located at www.commerce.wa.gov\CDBG • COMMERCE grant award letter to GRANTEE • GRANTEE's application for funding Page 11 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871DB <` 'Washington State Department of %ill Commerce General Terms and Conditions 1. Definitions As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Grant Agreement" means the entire written agreement between COMMERCE and the GRANTEE, including any Exhibits, documents, or materials incorporated by reference and may constitute a Subaward if so designated. Electronic transmission of a signed copy of a Grant Agreement shall be the same as delivery of an original. D. "Contractor"or"GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this Agreement, and shall include all employees and agents thereof. E. "Modified Total Direct Costs" (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each Subaward (regardless of the period of performance of the Subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships,participant support costs, and the portion of each Subaward in excess of$50,000. F. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health,finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). G. "State" shall mean the state of Washington. H. "Subaward" and"Subawards" shall mean individually and collectively award(s) provided by a pass- through entity to a Subrecipient for the Subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A Subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a Grant Agreement or other contract. I. "Subgrantee(s)/Subcontractor(s)" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The term "Subgrantee(s)/Subcontractor(s)" mean subgrantees and/or subcontractors of any tier. J. "Subrecipient" shall mean a non-Federal entity that receives a Subaward from a pass-through entity to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. All Writings Contained Herein This Grant Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. 3. Amendments This Grant Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Page 12 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB A/MA Washington State Department of Vie Commerce 4. Assignment Neither this Grant Agreement,work thereunder, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 5. Breaches of Other State Contracts GRANTEE is expected to comply with all other contracts and grant agreements executed between GRANTEE and the State of Washington. A breach of any other contract or grant agreement entered into between GRANTEE and the State of Washington may, in COMMERCE's sole discretion, be deemed a breach of this Grant Agreement. 6. Code Requirements All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 7. Confidentiality and Safequar ling of Information A. "Confidential Information" as used in this section includes: i. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; and iii. All personal information it the possession of the GRANTEE that may not be disclosed under state or federal law. B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant Agreement and shall not use, share, transfer, sell or disclose any Confidential Information tc any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information,and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 8. Copyright Unless otherwise provided, all Materials produced under this Grant Agreement shall be considered "works for hire"as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant Agreement, but that incorporate pre-existing materials not produced under the Grant Agreement, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Page 13 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB 4. washing:on State Department of !ir Commerce GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this GRANTEE, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant Agreement. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 9. Disputes In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 10. Governing Law and Venue This Grant Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 11. Indemnification Each party shall be solely responsible for the acts of its employees, officers, and agents. 12. Licensing, Accreditation, and Registration The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant Agreement. 13. Publicity The GRANTEE agrees not to publish or use any advertising or publicity materials in which the State of Washington or COMMERCE's name is mentioned, or language used from which the connection with the State of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 14. Recapture In the event that the GRANTEE fails to perform this Grant Agreement in accordance with state laws, federal laws, and/or the provisions of this Grant Agreement, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this GRANTEE. Page 14 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB .,A Washington State Department of Noe�Commerce 15. Records Maintenance The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant Agreement and performarce of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this GRANTEE. The GRANTEE shall retain such records for a period of six(6)years following the date of final payment. At no additional cost, these records, including materials generated under the Grant Agreement, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE,the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six(6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 16. Registration with Department of Revenue and Secretary of State If required by law, the GRANTEE and its subgrantees and subcontractors shall complete registration with the Washington State Department of Revenue. Nonprofit and for-profit businesses must also be registered with the Washington Secretary of State and current with all required filings. 17. Right of Inspection At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the State of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Gram Agreement. At no additional cost, the GRANTEE shall also provide any documents related to this Grant Agreement to COMMERCE upon request to assist COMMERCE in the periodic monitoring of this Grant Agreement. 18. Savings In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, COMMERCE may suspend or terminate the Grant Agreement under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant Agreement may be amended to reflect the new funding limitations and conditions. 19. Severability The provisions of this Grant Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant Agreement 20. Site Security While on COMMERCE premises, GRANTEE, its agents, employees, and/or Subgrantee(s)/Subcontractor(s) shall conform in all respects with physical, fire, and other security policies or regulations. 21. Subdrantinq/Subcontracting The GRANTEE may only subgrant and/or subcontract work contemplated under this Grant Agreement if it obtains the prior written appro\dal of COMMERCE. If COMMERCE approves subgranting and/or subcontracting, the GRANTEE shall maintain written procedures related to subgranting and/or subcontracting, will enter written subgrants/subcontracts prior to any work being performed, and will maintain copies of all subgrant(s) and/or subcontract(s) and records related to subgrant(s) and/or subcontract(s). For cause, COMMERCE in writing may: (a) Page 15 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871DB 'j'% Washington State Department of V4 j Commerce require the GRANTEE to amend its subgranting and/or subcontracting procedures as they relate to this Grant Agreement; (b) prohibit the GRANTEE from subgranting and/or subcontracting with a particular person or entity; or (c) require the GRANTEE to rescind or amend a subgrant and/or subcontract. Every subgrant and/or subcontract shall bind the Subgrantee/Subcontractor to follow all applicable terms of this Grant Agreement. The GRANTEE is responsible to COMMERCE if the Subgrantee/Subcontractor fails to comply with any applicable term or condition of this Grant Agreement. The GRANTEE shall appropriately monitor the activities of the Subgrantee/Subcontractor to assure fiscal conditions of this grant. In no event shall the existence of a subgrant and/or subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's duties. Every subgrant and/or subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee/Subcontractor's performance of the subgrant and/or subcontract. 22. Survival The terms,conditions,and warranties contained in this Grant Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant Agreement shall so survive including, without limitation, any Recapture provision in this Grant Agreement. 23. Taxes All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's income or gross receipts, and/or any other taxes, insurance, or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 24. Termination for Cause In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant Agreement in a timely manner, COMMERCE has the right to suspend or terminate this Grant Agreement. Before suspending or terminating the Grant Agreement, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant Agreement may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative costs directly related to the replacement contract(e.g., cost of the competitive bidding, mailing, advertising and staff time). COMMERCE reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the grant.A termination shall be deemed a "Termination for Convenience" if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the grant application or during the performance of this Grant Agreement, COMMERCE reserves the right to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant Agreement. The rights and remedies of COMMERCE provided in this Grant Agreement are not exclusive and are in addition to any other rights and remedies provided by law. Page 16 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB "� washing:on State I~ Department of ! J Commerce 25. Termination for Convenience Except as otherwise provided in tie Grant Agreement, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant Agreement is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant Agreement for services rendered or goods delivered prior to the effective date of termination. 26. Termination or Suspension for Loss or Reduction of Funding Should there be any loss or suspension of federal funding that supports this Grant Agreement, the Grant Agreement may be immecistely suspended by COMMERCE upon notice to the GRANTEE. Should federal funding that supports this Grant Agreement be terminated, this Grant Agreement and all obligations, including payment for work done under this Grant Agreement, will be terminated as of the date of the termination of the federal funding. Payment for any work done on tt-e Grant Agreement prior to the loss of funding shall be done in accordance with the requirements of the funding source. 27. Termination Procedures Upon termination of this Grant Agreement, COMMERCE, in addition to any other rights provided in this Grant Agreement, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GFANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed wo-k and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. COMMERCE may ‘1ithhold from any amounts due the GRANTEE such sum as the Authorized Representative deterrrhes to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and rerredies provided by law or under this Grant Agreement. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the GRANTEE shall: A. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subgrants and/or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant Agreement that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights,title, and interest of the GRANTEE under the orders and subgrants and/or subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants and/or subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants and/or subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; Page 17 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871DB .st VOA N/ashing on State Department of Nov Commerce E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant Agreement had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant Agreement, which is in the possession of the GRANTEE and in which the Authorized Representative has or may acquire an interest. 28. Treatment of Assets Title to all property 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 Agreement, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant Agreement, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant Agreement, or(ii) commencement of use of such property in the performance of this Grant Agreement, or(iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant Agreement. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant Agreement. E. All reference to the GRANTEE under this clause shall also include GRANTEE's employees, agents or Subgrantee(s)/Subcontractor(s). 29. Waiver Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant Agreement unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 18 of 25 Docusign Envelope ID:EA2AAD55-0587-4465-9814-D5AFB6D871 DB A',, �Washington State Department of s4��Commerce Attachment A: Community Development Block Grant Requirements This agreement includes terms and conditions of the COMMERCE's federal award that are imposed on the GRANTEE, and the GRANTEE agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. 1. General Compliance The GRANTEE shall comply with al applicable provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified. 2. 2 CFR 200 The GRANTEE must comply with tie applicable requirements at 2 CFR Part 200-- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as may be amended from time to time, to the extent that part 200 is incorporated into and made applicable by 24 CFR part 570, subpart I, or appicable Federal Register notices that govern this Grant Agreement. 3. Prohibited Activities The GRANTEE may only carry gut the activities described in this Agreement. The GRANTEE is prohibited from charging to the Subaward the costs of CDBG-ineligible activities, including those described at 24 CFR 570.207, and from using funds provided herein or personnel employed in the administration of activities under th s Agreement for political activities, inherently religious activities, or lobbying. 4. Property Standards The GRANTEE shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to the extent they are inconsistent with 24 CFR 570.200(j) and 24 CFR 570.489(j), in which case GRANTEE shall comply with 24 CFR 570.200(j) and 24 CFR 570.489(j), and except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). 5. Federal Funding Accountability and Transparency Act (FFATA) The GRANTEE shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management(SAM). The GRANTEE must have an active registration in SAM in accordance with 2 CFR part 25, appendix A, and must have a Unique Entity Identifier (UEI). The GRANTEE must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executh,e compensation, and 2 CFR part 170 Reporting Subaward and Executive Compensation Informat on. 6. Build America, Buy America The GRANTEE must comply with the requirements of the Build America, Buy America (BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the GRANTEE's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. 7. Environmental Review COMMERCE shall not release funding to a GRANTEE until the following conditions implementing 24 CFR part 58 are met: A. The GRANTEE must complete an environmental review of the project and make a finding of environmental impact. Unless the project is exempt under the National Environmental Policy Act (NEPA), a notice of this finding must be published along with a notice of the GRANTEE's intent to Page 19 of 25 Docusign Envelope ID:EA2AAD55-0587-4485-9814-D5AFB6D871 DB washing;on State L la Department of V410 Commerce request release of funds for the project. The GRANTEE must allow a seven (7) or fifteen (15) day period for public review and comment following publication of the notices. When this review and comment period expires, the GRANTEE may, after considering any comments received, submit a request for release of funds to COMMERCE. Upon receipt of the request, COMMERCE must allow a fifteen-day objection period. When COMMERCE's objection period expires, COMMERCE may, after considering any comments received, formally notify the GRANTEE in writing of the release of federal funds for the project. B. The GRANTEE will comply with requirements of the National Historic Preservation Act, 54 USC 30001 et seq. and its implementing regulations, particularly 36 CFR 800, as applicable. 8. Historical or Cultural Artifacts, Human Remains In the event that historical or cultural artifacts are discovered at the project site during construction or rehabilitation, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state historic preservation officer at the Department of Archaeology and Historic Preservation (DAHP). If human remains are discovered, the GRANTEE shall stop work, report the presence and location of the remains to the coroner and local law enforcement immediately, and contact DAHP and the concerned tribe's cultural staff or committee. 9. Relocation, Real Property Acquisition The GRANTEE shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), 42 USC 4601 —4655, 49 CFR part 24, 24 CFR part 42, and 24 CFR 570.606; in addition to waivers and alternate requirements of all applicable Federal Register Notices for this award. 10. Acquisition and Disposition of Assets The GRANTEE will account for any tangible personal property acquired or improved with this Grant Agreement. The use and disposition of real property and equipment under this Grant Agreement will be in compliance with the requirements of all applicable federal law and regulation, including but not limited to 24 CFR Part 84 and 24 CFR Part 570.489,570.502,570.503,570.504, and 570.505 as applicable, which include but are not limited to the following: Real property that was acquired or improved, in whole or in part,with funds under this Grant Agreement in excess of$25,000 shall be used to meet one of the CDBG national objectives for ten (10) years after the Grant Agreement is closed. Any exception must be made with COMMERCE approval and the GRANTEE will be responsible to pay COMMERCE an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment from the disposition of real property acquired with this Grant Agreement within ten (10) years of closeout of the Grant Agreement shall be treated as CDBG Program Income. In cases in which equipment acquired in whole or in part with funds under this Grant Agreement is sold, the proceeds will be CDBG Program Income. 11. Labor Standards and Employment The GRANTEE shall comply with the labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended, and ensure that all laborers and mechanics employed by contractors or Subgrantee(s)/Subcontractor(s) in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon Act, as amended (40 U.S.C. 3141, et seq.), and 29 CFR part 1, 3, 5, Page 20 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871DB . 11a Washington State Department of 940 Commerce 6, and 7, provided that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The GRANTEE agrees to comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The GRANTEE shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation shall be made available to COMMERCE for review upon request. 12. Section 3 of the Housing anc Urban Development Act of 1968 The GRANTEE shall comply witi the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 LSC 1701u, and implement its implementing regulations at 24 CFR part 75. All Section 3 covered contracts:hall include the following clause(referred to as the section 3 clause): a. The work to be performed ender this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under io contractual or other impediment that would prevent them from complying with the part 75 regulations. c. The GRANTEE agrees to seid to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause and w I post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability cf apprenticeship and training positions, the qualifications for each; and the name and location cf the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The GRANTEE agrees to include this section 3 clause in every subgrant and/or subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subgrant and/or subcontract or in this section 3 clause, upon a finding that tie Subgrantee/Subcontractor is in violation of the regulations in 24 CFR part 75. The ccntractor will not subgrant and/or subcontract with any Subgrantee/Subcontractor where the contractor has notice or knowledge that the Subgrantee/Subcontractor has been found in violation of the regulations in 24 CFR part 75. e. The GRANTEE will certify that any vacant employment positions, including training positions,that are filled (1) after the GRANTEE is selected but before the contract is executed, and (2) with persons other than those tp whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the GRANTEE's obligations under 24 CFR part 75. f. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work perform ed in connection with section 3 covered Indian housing assistance, section 7(b)of the Indian Sel -Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subgrants and/or subcontracts shall be given to Indian organizatiors and Indian-owned Economic Enterprises. Parties to this Grant Page 21 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB ,4110 washing:on State �� Department of v40 Commerce Agreement that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 13. Performance Reporting The GRANTEE, at such times and in such forms as COMMERCE may require, shall furnish periodic progress and performance reports pertaining to the activities undertaken pursuant to this Grant Agreement. These reports may include environmental review records, publication affidavits, procurement and contracting records, documentation of compliance with federal civil rights requirements, job creation records, program income reports, reports of the costs and obligations incurred in connection therewith, the final closeout report, and any other matters covered by this Grant Agreement. Activities funded by this Grant Agreement providing income-qualified direct assistance or direct services under the limited clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary reports as furnished by COMMERCE. Failure to submit these reports may result in COMMERCE withholding payment or terminating this Grant Agreement. 14. Program Income Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before drawing additional CDBG funds to complete activities included in Attachment B- Scope of Work and Budget. The GRANTEE must maintain records of program income received and expended and annually report program income received after closeout of this Grant Agreement. Program Income shall be used to continue the same activities to benefit low- and moderate-income persons or, with COMMERCE approval, for other activities to benefit low- and moderate-income persons. Interest earned in excess of$100 on CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the U.S. Treasury. 15. Nondiscrimination A. Section 109. The GRANTEE will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with federal financial assistance. The GRANTEE will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-CV funds. Thus, the GRANTEE shall comply with regulations of 24 CFR part 8,which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs. B. Architectural Barriers Act and the Americans with Disabilities Act. The GRANTEE shall ensure that its activities are consistent with the requirements of the Architectural Barriers Act and the Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain federal and federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and used by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the definition of"residential structure" as defined in 24 CFR 40.2 or the definition of"building"as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. It further provides Page 22 of 25 Docusign Envelope ID: EA2AAD55-0587-44B5-9814-D5AFB6D871 DB .-t>la Washing:on Slate Department of v40 Commerce that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further,the ADA requires the -emoval of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. C. Title VI of the Civil Rights Act of 1964 (24 CFR part 1) i. General Compliance. The GRANTEE shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352), as amended and 24 CFR 570.601 and 570.602. No person in the United Sta:es shall, on the grounds of race,color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds. The GRANTEE shall not intimidate, threaten, coerce, or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceedin3, or hearing under 24 CFR part 1. The identity of complainants shall be kept confidential exempt to the extent necessary to carry out the purposes of 2 CFR part 1, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. ii. Assurances and Real Property Covenants. As a condition to the approval of this Agreement and the extension of any federal financial assistance, the GRANTEE assures that the program or activities described in this Agreement will be conducted and the housing, accommodations, facilit es, services, financial aid, or other benefits to be provided will be operated and administe-ed in compliance with all requirements imposed by or pursuant to 2 CFR part 1. If the federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the GRANTEE's assurance herein shall obligate the GRANTEE or, in the case of a subsequent transfer, the transferee,for the perioc during which the property is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or fcr as long as the GRANTEE retains ownership or possession of the property, whichever is longer. In all other cases the assurance shall obligate the GRANTEE for the period during wh ch federal financial assistance is extended pursuant to the contract or application. This assurance gives COMMERCE and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein, acquired with federal financial assistance under this Agreement or acquired with CDBG-CV funds and provided to the GRANTEE under this Agreement, the instrument effecting any disposition by the GRANTEE of such real property, structures or improvements thereon, or interests therein, shall contain a covenant running with the land assuring nondiscrimination for the period during wh ch the real property is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If the GRANTEE receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance,the nondiscrimination requirements of this part shall extend to any facility located wholly or in part in such space. 16. Conduct A. Hatch Act. The GRANTEE shall comply with the Hatch Act, 5 USC 1501 — 1508, and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Page 23 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB .'V.Washington Stale Department of !11#Commerce B. Conflict of Interest. In the procurement of supplies, equipment, construction, and services pursuant to this Agreement, the GRANTEE shall comply with the conflict-of-interest provisions in COMMERCE's procurement policies and procedures. In all cases not governed by the conflict-of- interest provisions in the COMMERCE's procurement policies and procedures, the GRANTEE shall comply with the conflict-of-interest provisions in 24 CFR 570.489(h). C. Lobbying Certification. The GRANTEE hereby certifies that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; iii. It shall require that the language of paragraphs (a) and (b) of this certification be included in the award documents for all Subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose; accordingly, and iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17. Religious Activity The GRANTEE agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. Page 24 of 25 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6C871DB Attachment B—Scope of Work and Budget GRANTEE:Jefferson County Grant No.25-64210-007 Project Description/Deliverable Jefferson County is awarded a CDBG Public Sevices Grant for eligible public services through Olympic Community Action Programs. The services will be directed to limited clientele with low and moderate incomes(LMI)based on HUD LMI criteria.This grant will exclusively benefit approximatley 100 persons residing in the of non-entitlement area(s)of Jefferson and Clallam counties counties. Project Budget Budget Code&Funding Leveraged Other Funding Total Funding 21A General Administration$ $3,000 Other Federal$ $0 05 Public Services$ $100,000 Other State$ $0 Local Public$ $0 Private$ $0 Total CDBG Funds $103,000 Total Other Funds $0 $103,000 Project Activities Milestones • Execute grant contract with Commerce. • Complete the environmental review in compliance with Federal related laws and authorities. Before first • Verify subrecipient does not have an active exclusion record in SAM.gov. payment request • Establish a subrecipient agreement that includes the project budget and the semi-annual beneficiary reporting requirement.Submit a signed copy to Commerce. • Review subrecipient reimbursement requests against the project costs,project budget,and contract start date. Not more than • Document the county's CDBG general administration costs. monthly • Prepare and submit payment requests with supporting documentation to Commerce. • Document receipt of grant funds and reimbursement of eligible costs. • Submit CDBG Beneficiary Reports by the end of the month following the semi-annual date. Jan 31,July 31 • As necessary,arrange an audit with the Washington State Auditor in accordance with the Uniform Annually Guidance,2 CFR 200,Subpart F-Audit Requirements. • Complete applicable civil rights requirements. • Conduct monitoring of the subrecipient to verify CDBG requirements and all costs reimbursed are Before final payment allowable. request • Conduct a final public hearing to review project performance,resolve all monitoring issues with CDBG,and submit a CDBG Contract Closeout Report. • Deliver the direct services identified in the CDBG application through the local community action program. Before contract • Allocate and manage public services funds as established in the approved subrecipient agreement end date and budget. • Meet the CDBG national objective of principally benefiting low-and moderate-income persons. ver.06.09.22 Docusign Envelope ID:EA2AAD55-0587-44B5-9814-D5AFB6D871DB Washington State q" Department of Local Government Division !*.? Commerce Contract/Amendment Routing Review by: Name: Initials: Date: /^Ds Section Manager Jon Galow -44 10/7/2025 13:22 PM PDT '-Ds Budget Analyst Geoffrey Bracken Jig 10/7/2025 13:30 PM PDT Deputy Asst. Director Tony Hanson 0 docusign. Certificate Of Completion Envelope Id:EA2AAD55-0587-44B5-9814-D5AFB6D871 DB Status:Sent Subject:DocuSign: 2025 CDBG Public Services contract:25-62210-007 Division: Local Government Program:CDBG Public Services ContractN umber:25-62210-007 DocumentType: Contract Amendment Source Envelope: Document Pages:26 Signah.res:0 Envelope Originator: Certificate Pages:5 Initials:2 Jeff Hinckle AutoNav:Enabled 1011 Plum Street SE Envelopeld Stamping:Enabled MS 42525 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525 jeff.hinckle@commerce.wa.gov IP Address:198.239.10.236 Record Tracking Status:Original Holder:Jeff Hinckle Location:DocuSign 10/7/2025 8:00:02 AM jeff.hinckle©commerce.wa.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:1Aashington State Department of Commerce Location:Docusign Signer Events Signature Timestamp Jon Galow Fos Sent: 10/7/2025 8:05:40 AM jon.galow©commerce.wa.gov Viewed: 10/7/2025 3:18:53 PM Security Level:Email,Account Authentication Signed:10/7/2025 3:22:54 PM (None),Login with SSO Signatu-e Adoption:Pre-selected Style Using IP Address:198.238.8.134 Electronic Record and Signature Disclosure: Not Offered via Docusign Geoffrey Bracken D9 Sent:10/7/2025 3:22:56 PM geoffrey.bracken©commerce.wa.gov FIB Viewed: 10/7/2025 3:30:16 PM Security Level:Email,Account Authentication Signed: 10/7/2025 3:30:52 PM (None) Signatu-e Adoption:Pre-selected Style Using IP Address: 147.55.134.56 Electronic Record and Signature Disclosure: Not Offered via Docusign Amanda Christofferson Sent: 10/7/2025 3:30:54 PM amchristofferson©co.jefferson.wa.us Viewed: 10/7/2025 3:56:21 PM REPAH representative for HRGP Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 10/7/2025 3:56:21 PM ID: 1b535cd3-fad0-4827-b768-bf9524c67e3d Josh Peters jd peters©co.jefferson.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted:7/25/2025 2:22:09 PM ID:cb25564c-f864-469e-940f-62cc98a4468f Tony Hanson tony.hanson@commerce.wa.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Mark Barkley mark.barkley@commerce.wa.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status .� Timestamp Certified Delivery Events Status � to T. M1 Timestamp Carbon Copy Events Status Timestampb ., Witness Events Signature Timestamp Notary Events °• } } Signature fit �; Timestamp Envelope Summary Events , ' r is Status h Timestamps Envelope Sent Hashed/Encrypted 10/7/2025 8:05:40 AM �at�:�'sr5�.•-..�;ac�3:.a...;,,;,..>:-. �'�,v�,Fdo.....r�,�F x� Payment Events Status �.-� @ k Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:8/11'2020 4:44:12 PM Parties agreed to:Amanda Christofferson,Josh Peters ELECTRONIC RECORD AND SIGNATURE 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 wilt 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. 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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 `I 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, authorizations,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.