HomeMy WebLinkAboutWashington State Department of Commerce CHIP Utility Infrastructure Improvements - 060826 6. Washington State
' . Department of
4• Commerce
Capital Agreement with
Jefferson County
through
Connecting Housing to Infrastructure Program (CHIP)
Contract Number:
26-96330-111
For
To support the development of affordable housing by paying for utility
infrastructure improvements for the Mason Street Workforce Housing
Project, Phase 1
Dated: Tuesday, July 1 , 2025
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Table of Contents
FACE SHEET 4
SPECIAL TERMS AND CONDITIONS 5
1. CONTRACT MANAGEMENT 5
2. COMPENSATION 5
3. BILLING PROCEDURES AND PAYMENT 5
4. SUBCONTRACTOR DATA COLLECTION 6
5. HISTORICAL OR CULTURAL ARTIFACTS 6
6. INSURANCE 7
7. FRAUD AND OTHER LOSS REPORTING 7
8. CERTIFICATION REGARDING DEBARMENT,SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION-
PRIMARY AND LOWER TIER COVERED TRANSACTIONS 7
9. INDEMNIFICATION 8
10. NO THIRD-PARTY BENEFICIARIES 8
11. OWNERSHIP 8
12. PUBLIC BENEFIT OF LATECOMER FEES 8
13. DOCUMENTATION AND SECURITY 8
14. ORDER OF PRECEDENCE 9
GENERAL TERMS AND CONDITIONS 10
1. DEFINITIONS 10
2. ALLOWABLE COSTS 10
3. ALL WRITINGS CONTAINED HEREIN 10
4. AMENDMENTS 10
5. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,ALSO REFERRED TO AS THE"ADA"28
CFR PART 35 10
6. APPROVAL 11
7. ASSIGNMENT 11
8. ATTORNEYS'FEES 11
9. CODE REQUIREMENTS 11
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 11
11. CONFORMANCE 11
12. CONFLICT OF INTEREST 12
13. COPYRIGHT 12
14. DISALLOWED COSTS 12
15. DISPUTES 13
16. DUPLICATE PAYMENT 13
17. GOVERNING LAW AND VENUE 13
18. INDEMNIFICATION 13
19. INDEPENDENT CAPACITY OF THE GRANTEE 14
20. INDUSTRIAL INSURANCE COVERAGE 14
21. LAWS 14
22. LICENSING,ACCREDITATION AND REGISTRATION 14
23. LIMITATION OF AUTHORITY 14
24. LOCAL PUBLIC TRANSPORTATION COORDINATION 14
25. NONDISCRIMINATION 14
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26. PAY EQUITY 15
27. POLITICAL ACTIVITIES 15
28. PREVAILING WAGE LAW 16
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 16
30. PUBLICITY 16
31. RECAPTURE 16
32. RECORDS MAINTENANCE 16
33. REGISTRATION WITH DEPARTMENT OF REVENUE 16
34. RIGHT OF INSPECTION 16
35. SAVINGS 17
36. SEVERABILITY 17
37. SUBCONTRACTING 17
38. SURVIVAL 17
39. TAXES 17
40. TERMINATION FOR CAUSE 17
41. TERMINATION FOR CONVENIENCE 18
42. TERMINATION PROCEDURES 18
43. TREATMENT OF ASSETS 19
44. WAIVER 19
ATTACHMENT A:SCOPE OF WORK: 20
ATTACHMENT B: CHIP BUDGET 21
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT 21
ATTACHMENT C: COMMITMENT OF CONTINUED AFFORDABILITY 22
Page 3 of 23
Docusign Envelope ID:4F51A45B-9401-8EA3-8320-E4DE173E7A63
Face Sheet
Contract Number 26-96330-111
Growth Management Services
Connecting Housing to Infrastructure Program
1. Grantee 2. Project Name and Address
Jefferson County Mason Street-Workforce Housing Project Phase 1
PO Box 658 91 Mason Street
Port Townsend, WA 98368 Port Hadlock, WA 98339
3. Grantee Representative 4. COMMERCE Representative
Amanda Christofferson Mischa Venables PO Box 42525
Grant Administrator CHIP Project Manager 1500 Jefferson Street
amchristoffersona.co.jefferson.wa.us (360)725-3088 Olympia, WA 98504
Mischa.venables ancommerce.wa.gov
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$999,576.35 Federal: ❑ State: ® Other: ❑ N/A: ❑ July 1, 2025 June 30, 2027,
subject to
reappropriation
9. Federal Funds (as applicable) Federal Agency: ALN
$0.00 N/A N/A
10. Tax ID# 11. SWV# 12. UBI # 13. UEI #
91-6001322 0002430-28 161-001-169
14. Award Method NOFO/RFX# Proviso#
❑Non-Competitive ®Competitive
N/A 40000675
15. Contract Purpose
To support the development of affordable housing by paying for utility infrastructure improvements for the Mason Street
Workforce Housing Project, Phase 1
COMMERCE, defined as the Department of Commerce, and Grantee acknowledge and accept the terms of this Contract
and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Contract are governed by this Contract and the following other documents
incorporated by reference: Grantee Terms and Conditions including Attachment "A" - Scope of Work, Attachment "B" —
Budget, and Attachment"C"—Commitment of Continued Affordability.
FOR GRANTEE FOR COMMERCE
,—Signed by: c—DocuSigned by:
2. 19. 7ctr AtAide. barcl,t,ii
"—81E54FC366CE4B1_. '-80312804865C458...
Josh Peters, Jefferson County Administrator Mark K. Barkley, Assistant Director
Jefferson County Local Government Division
6/8/2026 12:11 PM PDT 6/9/2026 16:58 AM PDT
Date
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Page 4 of 23
Special Terms and Conditions
1. CONTRACT 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 Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Contract.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $999,576.35, (Nine hundred ninety-nine thousand,
five hundred seventy-six dollars and thirty-five cents)for the performance of all things necessary for
or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation
for services rendered shall be in accordance with Attachment A, Scope of Work, Attachment B,
Budget, and Attachment C, Commitment of Continued Affordability.
3. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed invoices, including backup documentation of costs, which shall be submitted to the
Representative for COMMERCE via email, or the Commerce Contracts Management System.
Invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees.
Each invoice/reimbursement request will either be submitted through the Commerce Contracts
Management System or submitted to Commerce with a complete and signed Invoice Voucher(Form
A-19) provided by a COMMERCE Representative and shall include the Contract Number 26-96330-
111. Backup documentation detailing each cost, including invoices or receipts, must accompany any
single expenses in the amount of$50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
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 subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report(or completion of the project, etc.).
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Line Item Modification of Budget
A. Notwithstanding any other provision of this contract, the Grantee may, at its discretion, make
modifications to line items in the Budget (Attachment B)to respond to changes in project costs.
A. The Grantee shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item of the Budget(Attachment B).
B. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email), and such written approval shall amend the Budget. Each
party to this contract will retain and make any and all documents related to such budget
modifications a part of their respective contract file.
C. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in the Face Sheet of this contract, nor does this section allow any
proposed changes to the Scope of Work under Attachment A, without specific written approval
from COMMERCE by amendment to this contract.
4. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
5. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Grantee shall complete
the requirements of Governor's Executive Order 21-02, where applicable, or Grantee shall complete
a review under Section 106 of the National Historic Preservation Act, if applicable. Grantee agrees
that the Grantee is legally and financially responsible for compliance with all laws, regulations, and
agreements related to the preservation of historical or cultural resources and agrees to hold harmless
COMMERCE and the state of Washington in relation to any claim related to such historical or cultural
resources discovered, disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, Grantee shall, in accordance with Governor's
Executive Order 21-02 coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any
tribal cultural resources affected by Project. Grantee agrees to avoid, minimize, or mitigate impacts
to the cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Grantee agrees that, unless the Grantee is proceeding under an approved historical and cultural
monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered
during construction, the Grantee shall immediately stop construction and notify the local historical
preservation officer and the state's historical preservation officer at DAHP, and the Commerce
Representative identified on the Face Sheet. If human remains are uncovered, the Grantee shall
report the presence and location of the remains to the coroner and local enforcement immediately,
then contact DAHP and the concerned tribe's cultural staff or committee.
The Grantee shall require this provision to be contained in all subcontracts for work or services related
to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Grantee agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permit.
Page 6 of 23
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 21-02.
In the event that the Grantee finds it necessary to amend the Scope of Work the Grantee may be
required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic
Preservation Act.
•
6. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance
liability program and shall be responsible for losses for which it is found liable.
7. 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 Contract immediately or as soon as practicable to the Commerce Representative
identified on the Face Sheet.
8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION- PRIMARY AND LOWER TIER COVERED TRANSACTIONS
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 they:
i. Are not presently debarred, suspended, proposed for debarment, and 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, been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public or
private agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax 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, the Grantee
shall attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by
COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency.
Page 7 of 23
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i. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such Grantee shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily
excluded, as used in this section, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549. You may contact
COMMERCE for assistance in obtaining a copy of these regulations.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. NO THIRD-PARTY BENEFICIARIES
This Agreement is enforceable only by COMMERCE and GRANTEE and is not intended to
establish any third-party entitlements, rights, or causes of action.
11. OWNERSHIP
COMMERCE disclaims any ownership in deliverables reimbursed under this grant.
12. PUBLIC BENEFIT OF LATECOMER FEES
Any latecomer fees as defined by RCW 35.91.020 collected by the Grantee or Subgrantee at any
tier arising from infrastructure funded in whole or in part by this Contract, shall be remitted to the
Grantee's affordable housing fund or to another funding source designated by the Grantee in
support of affordable housing in the community.
13. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to all work performed under this Contract. COMMERCE
reserves the right to review all state-funded projects and to require that work performed by
Subcontractors of this Contract comply with this section.
A. Deed of Trust. This Grant Agreement shall be evidenced by a promissory note and secured by a
deed of trust or other appropriate security instrument in favor of COMMERCE (the Deed of Trust)
executed by landowner/sub recipient of the grant. The Deed of Trust shall be recorded in the
County where the Project is located, and the original returned to COMMERCE after recordation
within 90 calendar days of Grant Agreement execution. The Deed of Trust must be recorded
before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by
the Deed of Trust shall be the amount of the Grant Agreement as set forth on the Face Sheet.
B. Term of Deed of Trust; Commitment Period. The Deed of Trust shall remain in full force and
effect for a minimum period of 25 years from the date in which the property is improved upon and
a statement of occupancy is issued for the purposes of affordable housing as intended under the
funding. For single family housing units a partial reconveyance may be issued at the time of sale
to qualified homeowner, but the affordability period will remain in effect under a covenant. For
multi family housing units a reconveyance will be issued after the 25 year period has expired.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. The property shall be covenanted for the purposes intended under the funding for a
period of 25 years.
E. Subordination. COMMERCE may agree to subordinate its Deed of Trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
Page 8 of 23
COMMERCE shall respond to the request in writing within 30 calendar days of receiving the
request.
F. Deed of Trust on Leased Property. COMMERCE may require, at its sole discretion, a Deed of
Trust on the fee interest of the real property where the Project is located, if the Project is on
leased property.
14. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B— Budget
• Attachment C—Commitment of Continued Affordability
Page 9 of 23
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General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, 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 "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated
by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the
same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor"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 Grantee. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
4. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
Page 10 of 23
6. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative
and shall not be binding until so approved. The contract may be altered, amended, or waived only by
a written amendment executed by both parties.
7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Grantee without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys'fees and costs.
9. 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.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Grantee by COMMERCE that is designated as "confidential"
by COMMERCE;
ii. All material produced by the Grantee that is designated as "confidential" by COMMERCE;
and
iii. All Personal Information in the 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 Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE
or as may be required by law. The Grantee shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Grantee shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they
apply to this Contract whenever COMMERCE reasonably determines that changes are
necessary to prevent unauthorized disclosures. The Grantee shall make the changes within
the time period specified by COMMERCE. Upon request,the Grantee shall immediately return
to COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5)working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
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12. CONFLICT OF INTEREST
Grantee must maintain and comply with written standards of conduct covering conflicts of interest and
governing the actions of its employees engaged in the selection, award and administration of
contracts. Grantee must comply with the following minimum requirements:
A. No employee, officer, or agent may participate in the selection, award, or administration of a
contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would
arise when the employee, officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ any of the parties indicated
herein, has a financial or other interest in or a tangible personal benefit from a firm considered
for a contract.The officers,employees,and agents of the Grantee may neither solicit nor accept
gratuities, favors, or anything of monetary value from Grantees or parties to subcontracts and
must comply with RCW 39.26.020. However, Grantee may set standards for situations in which
the financial interest is not substantial or the gift is an unsolicited item of nominal value. The
standards of conduct must provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the Grantee.
B. If the Grantee has a parent, affiliate, or subsidiary organization that is not a state, local
government, or federally recognized tribe, the Grantee must also maintain written standards of
conduct covering organizational conflicts of interest. Organizational conflicts of interest means
that because of relationships with a parent company, affiliate, or subsidiary organization, the
Grantee is unable or appears to be unable to be impartial in conducting a procurement action
involving a related organization.
13. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract 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 Contract, but that incorporate pre-existing materials not
produced under the Contract, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The 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 Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Grantee.
14. DISALLOWED COSTS
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
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15. DISPUTES
Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Grantee's name, address, and Contract number; and
• be mailed to the Director and the other party's (respondent's) Contract Representative
within three (3)working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
16. DUPLICATE PAYMENT
Grantee certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
17. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subcontractor or its employees.
The Grantee's obligation shall not include such claims that may be caused by the sole negligence of
the State and its agencies, officials, agents, and employees. If the claims or damages are caused by
or result from the concurrent negligence of(a)the State, its agents or employees and (b)the Grantee,
its subcontractors, agents, or employees, this indemnity provision shall be valid and enforceable only
to the extent of the negligence of the Grantee or its subcontractors, agents, or employees.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
Page 13 of 23
UVUUJHVI I LI IVGISJ C 1✓.YI J I/1YJLJ'JTV 1'V LITJ'VJ�V'LYVL i.Ju r.JJ
19. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent Grantee relationship will be created by this Contract. The
Grantee and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Grantee.
20. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW. If the Grantee fails to provide
industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may
be required by law, COMMERCE may collect from the Grantee the full amount payable to the
Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to
the accident fund from the amount payable to the Grantee by COMMERCE under this Contract, and
transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance
Services. This provision does not waive any of L&I's rights to collect from the Grantee.
21. LAWS
The Grantee shall comply with all applicable laws,ordinances,codes, regulations and policies of local,
state, and federal governments, as now or hereafter amended.
22. 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 Contract.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract.
24. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Grantee shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
25. NONDISCRIMINATION
A. Nondiscrimination Requirement. During the performance of this Agreement,the Grantee, including
any subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations
and policies,this shall include but not be limited to the following: Grantee, including any subcontractor,
shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, GRANTEE,
including any subcontractor, shall give written notice of this nondiscrimination requirement to any
labor organizations with which GRANTEE, or subcontractor, has a collective bargaining or other
agreement.
The funds provided under this Agreement shall not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this Agreement.
B.Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply with
any Washington state agency investigation regarding any allegation that GRANTEE, including any
subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW
49.60.530(3).
Page 14 of 23
C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend GRANTEE,
including any subcontractor, upon notice of a failure to participate and cooperate with any state
agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW
49.60.530(3). Any such suspension will remain in place until COMMERCE receives notification that
GRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the
event GRANTEE,or subcontractor, is determined to have engaged in discrimination identified at RCW
49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and GRANTEE,
subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. GRANTEE or
subcontractor may be given a reasonable time in which to cure this noncompliance, including
implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement
termination or suspension for engaging in discrimination, GRANTEE, subcontractor, or both, shall be
liable for contract damages as authorized by law including, but not limited to, any cost difference
between the original Grant and the replacement or cover Grant and all administrative costs directly
related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff
time,which damages are distinct from any penalties imposed under Chapter 49.60, RCW.GRANTEE
may also be required to repay grant funds pursuant to Section 31 (Recapture) of the General Terms
&Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement.
COMMERCE shall have the right to deduct from any monies due to GRANTEE or subcontractor, or
that thereafter become due, an amount for damages GRANTEE or subcontractor will owe
COMMERCE for default under this provision.
26. PAY EQUITY
The Grantee agrees to ensure that"similarly employed" individuals in its workforce are compensated
as equals, consistent with the following:
A. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
B. Grantee may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
i. A seniority system; a merit system; a system that measures earnings by quantity or quality
of production; a bona fide job-related factor or factors; or a bona fide regional difference
in compensation levels.
ii. A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
iii. A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Contract may be terminated by the Department, if the Department or the Department of
Enterprise Services determines that the Grantee is not in compliance with this provision.
27. POLITICAL ACTIVITIES
Political activity of Grantee's employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
Page 15 of 23
IJVI.U019II LI IVGIUHC iv.„ .I,f1Tvu-cTv I
28. PREVAILING WAGE LAW
The Grantee certifies that all Grantees and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, to the extent applicable
to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent
to Pay Prevailing Wages" and "Affidavit of Wages Paid" to the extent required by RCW 39.12.040.
The Grantee shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW to the
extent applicable, and shall make such records available for COMMERCE's review upon request
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services,other than actual solicitation,are not hereby prohibited
if otherwise eligible as project costs.
30. 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.
31. RECAPTURE
In the event that the Grantee fails to perform this Contract in accordance with state laws,federal laws,
and/or the provisions of this Contract,COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the 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 Contract.
32. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
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.
33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
34. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Grantee shall provide
access to its facilities for this purpose.
Page 16 of 23
35. 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 Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the"Termination for Convenience"clause,without the ten business day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
36. SEVERABILITY
The provisions of this contract 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 contract.
37. SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Grantee from subcontracting with a particular person or entity;
or(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Grantee shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach
in the performance of the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions,the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
40. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Grantee in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract 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 contract and the replacement
or cover contract 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 contract, 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
Page 17 of 23
VVLIIJIVI I LI IVCIV fJC IV.YI J I I LI'.V'VVLV'L'.vI_I I JLI/'.vJ
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Grantee: (1)was not in default; or(2)failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
42. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Grantee to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated,for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract.
COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Grantee under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
Page 18 of 23
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 contract, which is in the
possession of the Grantee and in which COMMERCE has or may acquire an interest.
43. 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 contract, 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
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or(ii)commencement of use of such property in the performance of this
contract, or(iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
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 contract.
E. All reference to the Grantee under this clause shall also include Grantee's employees, agents
or Subcontractors.
44. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Page 19 of 23
Docusign Envelope ID:4F51A45B-9401-8EA3-8320-E4DE173E7A63
Attachment A: SCOPE OF WORK:
Scope of Work
Water: The project is a 17-acre neighborhood that does not have water service on site. The
improvements will make connections at the water services on the perimeter of the property into the
interior of the property for the 136 homes planned. Phase 1 includes 24 units.
Sewer: The project is a 17-acre neighborhood that does not have sewer/wastewater service on site. The
improvements will make connections at a sewer main on the perimeter of the property into the interior of
the property for the 136 homes planned. This will include onsite grinder pump installations. Phase 1
includes 24 units.
Stormwater: The project is a 17-acre neighborhood of 136 homes. The improvements will ensure that
stormwater runoff can be managed on site. Phase 1 includes 24 units.
Project Requirements
Based on the criteria within the state capital budget, SB 5195 Sec 1020, and criteria developed by
Commerce to ensure the terms of the appropriation are met, all grants must meet the following criteria:
• Applicant must be a city, county or public utility district, applying in coordination with the
developer of a affordable housing project, located within a jurisdiction that imposed a sales and
use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B), 82.14.540, or 84.52.105.
• The utility project must serve new affordable housing projects that serve and benefit low-income
households as defined by RCW 43.185A.010 for at least 25 years. If the project is a mixed-
income project, the affordable portion of the development must be at least 25%. (See Appendix
C, Commitment of Continued Affordability.)
• Project work, meaning breaking ground and starting the construction process, must start by
January, 2028.
• For system development charge waiver reimbursement,jurisdictions must have an adopted fee
waiver program, and documentation that the fees have been waived for the affordable housing
units by each provider for water, sewer, and stormwater, in accordance with the budget. See
Appendix B, Budget.
CERTIFICATION PERFORMANCE MEASURE —SCOPE OF WORK
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE as of the date and year written below.
"—Signed by:
--131E54FC366CE4B1_ 6/8/2026 112:11 PM PDT
Josh Peters, Jefferson County Administrator Date
Jefferson County
Page 20 of 23
Docusign Envelope ID:4F51A45B-9401-8EA3-8320-E4DE173E7A63
Attachment B: CHIP Budget
Type of Cost Recipient Amount
Waived system
development charges Jurisdiction or public utility waiving the SDCs: $0
(SDCs)for Water
Waived system
development charges Jurisdiction or public utility waiving the SDCs: $0
for sewer
Waived system
development charges Jurisdiction or public utility waiving the SDCs: $0
for Stormwater
Utility improvement
costs as detailed in Pass through funding to affordable housing $ggg 576.35
Attachment A: Scope of project costs
Work
Contract Total $999,576.35
CHIP funds can pay for the system development charges for the affordable units. All costs related to
CHIP funding must be submitted for reimbursement no later than June 30, 2027, or revised contract end
date if reappropriated. Calculations and SDC waiver documentation, along with the ordinance and fee
schedule must be provided with the invoice for SDCs.
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT
CERTIFICATION PERFORMANCE MEASURE -AVAILABILITY OF FUNDS
The GRANTEE by its signature, certifies that GRANTEE has received binding assurances from the
Project Developer or other relevant party that project funding from sources other than those provided by
this Grant Agreement has either been expended for eligible Project expenses, or is committed in writing
and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year
written below. The GRANTEE shall maintain records sufficient to evidence that the Project Developer
has expended or has access to the funds needed to complete the Project, and shall make such records
available for COMMERCE's review upon reasonable request.
Signed by:
81E54FC366CE4B1 6/8/2026 112:11 PM PDT
Josh Peters, Jefferson County Administrator Date
Jefferson County
Page 21 of 23
Attachment C: Commitment of Continued Affordability
HFHEJC adopted its Permanent Affordability Policy in 2021. Following program development, the first
homes were sold under this model in May 2023. As part of the closing process, each homeowner signs a
Permanent Affordability (PA)Agreement(Ground Lease)which protects the home's affordability for the
long-term. The initial community investment is recycled over and over with each sale and purchase of the
home.
If the project is NOT already monitored for affordability by an organization such as the Housing Trust
Fund, The Washington State Housing Finance Commission, a housing authority, or a local government
monitoring process, then the following is required:
• The project must be enrolled in Commerce's Tracking Housing Affordability Database
(THAD), for receiving annual reports and conducting 5-year audits.
• The project must provide a covenant and/or note and deed of trust naming Commerce as
part of securitization.
• The project must maintain records for 31 years in accordance with the Records
Maintenance in contract General Terms and Conditions.
For the purposes of this contract,the utility project must serve new affordable housing projects that serve and
benefit low-income households for at least 25 years.
"Affordable housing" has the same meaning as in RCW 43.185A.010,and means residential housing for rental
occupancy which,as long as the same is occupied by low-income households, requires payment of monthly
housing costs, including utilities other than telephone,of no more than thirty percent of the family's income. In the
context of homeownership,the definition from the Housing Trust Fund Handbook applies(Section 701.7):
"affordability occurs when a household's monthly housing costs are generally no more than 38 percent of monthly
household income and total debt is no more than 45 percent of monthly household income. Housing costs include
mortgage principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease
fees,as applicable.Total debt includes other debt and utilities."
1"Low-income household" has the same definition as in RCW 43.185.010(6),and means a single person,family or
unrelated persons living together whose adjusted income is less than eighty percent of the median family income,
adjusted for household size,for the county where the project is located.
Mason Street-Workforce
Housing Project Phase 1
County and parcel number(s) Jefferson County, Parcel #
of property: 901023007
Organization monitoring Habitat for Humanity of
continued affordability: East Jefferson County
Term of affordability: Permanently
Documentation evidencing Permanent Affordability
securitization of affordability Agreement Ground Lease
Page 22 of 23
Docusign Envelope ID:4F51A45B-9401-8EA3-8320-E4DE173E7A63
Enter Number of Units in each category below:
30% AMI- Studio
30% AMI- 1 Bedroom
30% AMI- 2 Bedroom
30% AMI- 3 Bedroom
30% AMI- Other
50% AMI- Studio
50%AMI- 1 Bedroom
50%AMI- 2 Bedroom 4
50%AMI- 3 Bedroom 5
50%AMI- Other 1
60%AMI- Studio
60%AMI- 1 Bedroom 1
60% AMI- 2 Bedroom 22
60%AMI- 3 Bedroom 22
60%AMI- Other 2
80%AMI- Studio
80% AMI- 1 Bedroom 2
80%AMI- 2 Bedroom 9
80% AMI- 3 Bedroom 8
80% AMI- Other 1
The GRANTEE by its signature, certifies that the project will be monitored to ensure continued
affordability for a minimum of 25 years, evidenced by documentation listed above. The GRANTEE shall
maintain records sufficient to evidence the continued affordability, and that it will retain and shall make
such records available for COMMERCE's review upon reasonable request.
nSigned by:
203 �. Pett,s,
—s,es4FC366CE<a,. 6/8/2026 112:11 PM PDT
Josh Peters, Jefferson County Administrator Date
Jefferson County
Page 23 of 23
UUI.UAIIyI I CI IVCIupv Ill.Y!U InYJu':I'Tv I I v1.l',vv
Internal routing form. Will be deleted after contract fully signed.
Commerce GMS programs - Contract review and routing form
Reviewer Name Initials and Date
Budget Analyst cos
Corina Campbell
5/12/2026 I 1:13 PM PDT
rV
DS
GMS Managing Directorvalerie Smith � 5/13/2026 9:35 AM PDT
Deputy Assistant Director—LGD
a docusign.
Certificate Of Completion
Envelope Id:4F51A45B-9401-8EA3-8320-E4DE173E7A63 Status:Sent
Subject:Complete with Docusign:CHIP 26-96330-111 Jefferson County Mason Street Phase 1 Project.pdf
Division:
Local Government
Program:CHIP
Co ntra ctN u m be r:26-96330-111
DocumentType:Contract
Source Envelope:
Document Pages:24 Signatures:0 Envelope Originator:
Certificate Pages:5 Initials:2 Ashley Dofner
AutoNav:Enabled 1011 Plum Street SE
Envelopeld Stamping:Enabled MS 42525
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525
ashley.dofner@commerce.wa.gov
IP Address: 147.55.134.32
Record Tracking
Status:Original Holder:Ashley Dofner Location:DocuSign
4/28/2026 3:35:35 PM ashley.dofner@commerce.wa.gov
Security Appliance Status:Connected Pool:StateLocal
Signer Events Signature Timestamp
Corina Campbell /�O9 Sent:4/28/2026 3:38:29 PM
corina.campbell@commerce.wa.gov �t,L Viewed:5/7/2026 10:56:35 AM
Security Level:Email,Account Authentication Signed:5/12/2026 1:13:43 PM
(None)
Signature Adoption:Pre-selected Style
Using IP Address: 198.238.8.142
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Valerie Smith Sent:5/12/2026 1:13:45 PM
valerie.smith@commerce.wa.gov US. Viewed:5/13/2026 9:35:20 AM
Deputy Managing Director,GMS Unit Signed:5/13/2026 9:35:51 AM
Security Level:Email,Account Authentication
(None) Signature Adoption:Pre-selected Style
Using IP Address: 198.239.106.133
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Josh Peters Sent:5/13/2026 9:35:53 AM
jdpeters@co.jefferson.wa.us Resent:5/13/2026 9:40:49 AM
Security Level:Email,Account Authentication Viewed:5/13/2026 11:30:30 AM
(None)
Electronic Record and Signature Disclosure:
Accepted:5/13/2026 11:30:30 AM
ID:024f9d64-3d4e-4373-809a-4ae111385929
Erika Henry
erika.henry@commerce.wa.gov
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Signer Events Signature Timestamp
Mark Barkley
ma rk.barkley@com me rce.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
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Electronic Record and Signature Disclosure
Parties agreed to: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 will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days)after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name,mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
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.
3 Accounting
3.2 Assets
3.2.4 Money Held For and By Others (formally Money Held in Trust)
Deposits Held for Customers
3.2.4.10 Governments may require deposits from customers. For example:
• A county or city may require deposits in relation to water, sewer, or garbage utilities.
• A housing authority may require deposits in relation to public housing activities.
• A public utility may require deposits from its customers for either initial or restoration services, provided the deposits are
reasonable and not discriminatory.
• A parks and recreation district may require deposits in relation to facility rentals.
These deposits should not be reported in fiduciary funds, they should be reported in the fund where the operational activity is reported
in using BARS codes 382.10 and 582.10.
3.2.4.20 Governments should enact policies addressing investment and disposition of interest on deposits by considering legal and
contractual requirements and public policy. Governments are encouraged to disclose such policies in applications and official
documents related to deposits to ensure a clear mutual understanding of such policies with depositors.
Other Increases and Financing Sources
380 Other Increases in Fund Resources
381 Interfund Loan Receipts
382 Deposits, Retainage and Other Collections
385 Special or Extraordinary Items
386 Court Remittances
388 Other Increases in Fund Balance
389 Custodial Activities
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Amanda Christofferson,Grants Administrator
DATE: May 26,2026
SUBJECT: Contract with Washington State Department of Commerce Growth Management
Division—Connecting Housing to Infrastructure Program(CHIP)for Mason Street
—Workforce Housing Project Phase I
STATEMENT OF ISSUE:
Jefferson County is in need of workforce housing. The County supported Habitat for Humanity of East
Jefferson County(Habitat) in making an application to Commerce CHIP for their Mason Street project
which will ultimately develop 136 units of workforce housing.
ANALYSIS:
The Auditors office will manage and bill the grant. Revenue will be received in Fund 123 and used to
support the reimbursement of expenses that Habitat submits for the installation of infrastructure to connect
to water, wastewater and stormwater at the Mason Street development. This housing will provide sales tax
revenue while under construction,property tax revenue once occupied, revenue for the Hadlock sewer
utility, and other economic benefit.
FISCAL IMPACT:
This is $999,576.35 in grant revenue, with no match requirement, that will be passed thru to the subrecipient
Habitat for Humanity of East Jefferson County for direct work to install infrastructure.
RECOMMENDATION:
Staff requests the Board approve a motion to designate the County Administrator to sign the Contract with
Commerce Number: 26-96330-111for CHIP funding for Mason Street—Workforce Housing Project Phase I.
REVIEWED BY:
Josh ters, Cbunty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Dept. of Commerce CHIP Contract No: 26-96330-111
Contract For: Utility infrastructure improvements at Mason St.Habitat Housing Term: July 1, 2025 - June 30, 2027
COUNTY DEPARTMENT: Auditors
Contact Person: Amanda Christofferson
Contact Phone: 360-385-9232
Contact email: amchristofferson@co.jefferson.wa.us
AMOUNT: $999,576.35 PROCESS: — Exempt from Bid Process
Revenue: 999,576.35 Cooperative Purchase
Expenditure: 999,576.35 Competitive Sealed Bid
Matching Funds Required: NA Small Works Roster
Sources(s) of Matching Funds NA _ Vendor List Bid
Fund# 123 _ RFP or RFQ
Munis Org/Obj TBD ✓ Other: Grant
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: n N/A:El 4142G.g �?I1i2G6"fry 2drL 5/13/26
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: ri N/A: ❑� 4)424 .Ct e/62442,4%4��444')L 5/13/26
Signature �/ Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/2/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 6/1/2026.
DPA Luther reviewed and approved on 6/1/2026
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