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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Philip Morley, County Administrator
Board of County Commissioners-
FROM: A1m6e Campbell, Chief Accountant
DATE: December 5, 2011
RE: AMENDEMENT#1 of the CDBG Proaram PubUcServlces Grant ContrsctNo. 11-64100-()()4
between the Washington Stale Department of Commerce and Jefferson CoUnty
STATEMENT OF ISSUE:
Jefferson County entered into the orlglnal agreement with Commerce for this grant on August 4, 2011. Due to last minute
decision-making on the. pert of Commerce about how this program will proceed into 2012, they are requesting this amendment
which provideS for two changes to be made to their origlnaJ contract with us:
1. The Contract end dete Is being extended from December 31,2011 to June 30, 2012.
2. The contract amount Is being doubled to fund the additional six months of lhfs grant period.
FISCAL IMPACT:
.; The total contract amount Is being doubled - from $71,474 to $142,~.
.; Of thai amoun~ the County's edmlnlstrelion budget is incressing from $1,500 to $3,000.
.; The remaining amount will be paid out to OlyCap as the grant subreclpient end repreeanls en Increase from $69,974 to
$139,948.
RECOMMENDATION:
it Is my recommenda1ion that the Board of County Commissioners approves end signs this amendment
REVIEWED BY:
~/~~
Date
Amendment
Contract Number: 11-64100-004
Amendment Number: A
Washington State Department of Commerce
Local Governlnent and Infrastructure DivisIon
,Contracts Administration Uult
Col!1mnnlty Development Block Grant Program
1. Contractur 2. Contractllr Doing Business as (optional)
Jefferson County " ' Olympic Community Action Programs
PO Box 1220 803 West PllTk Avenue
Port Townsend, W A 98368 Port Townsend W A 98368
\
3. Contractor Representative (only If updllted) 4. COMMERCE Representative (only If updated
AlmeeCampbell DimJe Mayfield
Grant Coordinator .. CAU Project Manager
(360) 385-9383 Phone: (360) 125-3022
Fax: 360-586-8440
acampbeU@co.jefferson.wa.us diane.ll\llYfield@cori'unerce.wagov
5: Original Contract Amouut I 6. Amendment Amount I ' 7. New Contract Amount
$71,474.00 $71,474.00 $142,948.00
8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date
Federal: 100% 1/1120 i2 613012012
11. Federal Funds (as .applicable): Fedentl Ageney CFDA Number:
$142,948.00 U.S. Department of Housing and 14.228
Urban Development
12. Amendment Purpose:
1. To Increase contract from $71,474 to $142;948 (an increase of $71,474)
,2. Extend contract end date froIi112/31/2011 to 6/30/2012.
COMMERCE, defined as the Department of Commerce, and the Contractor acknowledge and accept the terms ofthls Co!ltract As
Amended and attar.hments and have executed this Contract Amen(bnent on the date below to, start as of the date and year referenced
above. The rights and obligations ofboth Parti.es to this Contract As Amended are governed by this CoIitract Amendment and the
, following other documents h!oorported by reference: Contract Terms and Conditions Including Attachment A, Scope of Work an/!
BJ1dget A copy of this Cou1ract Amendment shall be attached to ,and made a part of the original Contract,between COMMERCE
and the Contractor. Any reference in the origlna1 Contmctto'the "Contract" shall mean the "Contract As Amended".
FOR TlIE CONTRACTOR FOR COMMERCE
John Austin, Chairman Karen J. Larkin, Assistant Director
Jefferson County Board of County Commissioners Loca1 Government and Infrastructure Division
, Date Date
APPROVED AS TO FORM ONLY ..9-'
Assistant Attorney General .
f only' RIchard McCarten
'Approved as ta orm "
(\ I 1 I ( 1\ 1'2.1IW'i 6/4/04
Date
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secutof;a
Jllffm'llon CO. Pro
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT DATA SHEET
Jurlsdletlon Jefferson County
12/31/2011
Contract
Number
End
Date
11-641 00-004
BRIEF PROJECT SUMMARY
Public servic:ss through OlympIc Community Action Programs to low-and moderate-Income persons In Jefferson and Clallam Counties.
CONTRACT UNS ITEM DETAIL
HUO 10lS HUO 10lS
PROJECT ACTMTY UNE NATIONAL
GRANTEE " NUMBER NUMBER ITEM OBJECTIVE ACTIVITY TITLE
Jefferson County 2011-0020 6427 06 LMC Public Servic:ss (Geneml)
2011-0020 6428 21A LMC General Progmm Administration
Total Contract Amount
DOLLAR
AMOUNT
$89,974.00
$1,600.00
$71,474.00
COBG Project Manager
Uated below Is your COSG Project Manager with their phone number and emall address. You will be Infohned If your Project Manager
changes. "
DianeMayfleld (360) 125-3022 dlane.mayfleld@Commerce.wa.gov
Jefferson County COBG.Contact Person
this Is the contact person Identified for your jurlsdletlon In your"COBG application. All information requesta relating to your
contract will be sent to this person. If this person has changed or changes during the course of your contract please Inform Leona
Moon at (360)726-3022 or leonamo@Cted.wa.gov or note changes on this sheet and mall us a copy so we can keep our database
updated.
" Current Datahase Information
FIrst Name:
Last Name:
Address:
city:
State:
rosta{-c~- --
Emall Address:
Phone Number:
Fax Number:
Aimee
Campbell
PO Box 563
Port Townsend
WA
99368
acampbl!II@co.Jefferson.Wa.us
(360) 385-9383
(360) 385-9382
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Grant to:
Jefferson County .
through
Community Development Block Grant (CDBG) Program
Public Services Grant
For:
Public services through Olympic Community Action Programs to low-
and moderate-income persons in Jefferson and Clallam .Countles.
Start date:
7/1/2011
--------_.~---- ------------------- -
. '.
Wa!;!hlngton State Deparbntimt of Commerce
www.COMMERCE.wa.gov
TABLE OF CONtENTS
Face Sheet .,..........:............................................................................... ................ 1
Spelflal Terms and Conditions
1.' Definitions.............;..................................:............................................... 1,
.2.' Access to.Records....................................;.~............,............................... f .
3. Acquisition and Disposition ofAsset's;,...~.~..;:...~..................................;..... 1
4. Anti-Lobbying Certlfication and Disclosure Form .......:............................. 1'"
5. BiUlng Procedures and Payment..............;....~....~.......;..................,.....;.... 1
6. Central Contractor Registratlon...............;..........:..........................:.......... 2
7. Closeout ..................................,...................................,.,........................... 2
8. Contract Management ............:..........:...:......................~............;:............3
9. Environmental Review .............................................................................. 3
10. Equal Opportunity Treatment for Faith Ba~ed Orgariizatlons ..........:......:. :3
11. Insurance..............................................................................;..................4
12. Notificetlon ofTenant RlghtslRespohsibilftres .......................:.................. 4
13. Performance Reportlng..................;..........................;.............................. 4
14. Program Income........................;............................................................. 5
15. Subcontracts for Engineering Services .................................................;.. 5
16. Order of Precedence ...................................................................:........... 5
. General Terms and Conditions
1. Definitions....................................................................................;........... 1
2. All Writings Contained Herein .................................................................. 1
3. Amendments ............;............................................................................... 1
4. Assignment.......................................................:...................................... 1
5. Attorney Fees.......................................................................................... 1
6. Audit ......................................................................................................... 1
7. Certlficetlon Regarding Debarment, Suspension or Ineligibility
and Voluntary Exclusion ............................................:.....................,....... 3
8. Confidentiality/Safeguarding of Information.............................................. 3
9. Conformance........................ ............................................................:..... 4
10. Copyright Provisions............. ................................................;.................4
11: Disputes ....................:..............;..............................................................4 I
. 12. Ethics/Conflicts of Interest ...............................;....................................... 5
13. Governing Law and Venue ................:.......:..........,................................... 5
14. Indemnificetlon ........................................................................................5
15. 'Independent.Capacity of the Contractor................................................... 5
16. Industrial Insurance Coverage .......................,.........................................5
17. Laws ......................................................................................................... 5
18. Licensing. Accreditation and Registration ................................................ 7
19. . limitation Of Authonty ............................................................................. 7
20. Noncompiiailce With Nondiscrimination Laws.......................................... 7
21. Political Actlvitles ................................................;..................................... 7
22. Prevailing Wage Laws ............................................................................. 8
23. Procureme.nt Standards for Federally Funded Programs .............;........... 8
24. Prohibition Against Payment Of Bonus Or Commission........................... 9
25. Publicity ..................................;............................................... .................. 9
~ RecaptUre.......................;..;................;;;;.....,....;;;.;;.=........c-:..........:.......;. 9
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27. ' Records Maintenan6e.;<..,........;).~....l."..............................~.....................9
28. RegistratIon With Department Of Revenue ........................:..........:.......... 9 '
29. Savings......:...........:....................................................... ..............,......:.....9
30. Severabiniy .............................:........:.............................................:......... 9
31. Subcontracting........................ ........ n.. ," .... :.. ...... ............ .:..... ...... ....... ..'... 9
32. SurvlvaL................................................................................................ 1Q
33. 'Taxes...............................................................................:..:..................10
34. Tennlnation for Causel8uspensiQn.,..............;.....:..................:.............. 1Q
35. TermInation for COnvenienClll.....:.........................................:................. 10
36. Termination Procedures..:.....:.:.........................:......:.:....................,....... 10
37. Waiver ..............................................:.............................m........:........... 11
Attachlllent A, Scope of Work and Budget
Attachment B, Sttlt~ and Federal Requlreniel1ts and Assurances
Attachment C, Letter to Incur C9Sts (if app~cable)
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FACE SHEET
Contract Number: 11-64100-004
1. Contractor
Jefferson County
PO Box 1220
Port Townsend, WA98368
Washlngton State Department ofCoJllmerce
Local Government and Infrastrnctnre Dlvlsion
Community Development BIQl:k Grant (CDBG)
Public Services Grant
2. Contractor Doing Bnsiness As (optional)
Olympic Connmmi!y Action Programs
Timothy HoCkett, Executive birector
803 West Park Avenue
PortTownsen WA 98368
4. COMMERCE Representative
NlIIQe: Diane Mayfield .
Phone: (60) 725-3022
Fax: (360) 586-8440 .
diane.mayfield@comnierce.wa.gov
PO Box 44S~
lOll Plum Street SE
Olympia, WA 98504-2525
. 3. Contractor Representat!ve
Name: Aimee Campbell, G1;ant Coordinator
Phone: (360) 385-9383
Fax: (360) 385-9382
Emall: , acampbelI@ooJefferson.wa.uS
10. Tax ill #
91-6001322
14. Con~ct Purpose
Provide public services through Olympic Community Action Programs to low- and modemte-in:oome persons in Jefferson and
CJaJJain Counties. A foIl description of the project is in Attachment "A" Scope of Work and Budget.
COMMERCE, defined as the Department ofCommQrce, and the Contractor, as defined above, acknowledge and ~t the terms
of this Conttact and attachments and have executed this Contract on the date below to start as of the date and year refurenced above.
The rights and obligations ofboth parties to this Contract are governed by this Contract and the following other dOCUJllents
incorporated by reference: Contractor Special and General TerJIIS and Conditions including AtlaeJim"llt "A" - Scope of Work and
Budget, Attachment ''B"'- ~ and Federal Requirements and Assurances, Attaebment "C" - Letter to inC1l1' Costs (if applicable),
and the followilig dOCUJIIents incorporated herein by reference~ Contractor's application for funding and the Community
Development Block Grant policies and procedures, prepared by Conlmerce.
FOR ero FOR CO CE
S. Contract Amount 6. Funding Source
$71,474 Federal: ~ State: 0 Other: 0 NlA: 0
9. Federal Funds (as appllcable) Federal ARencv
$71,474 U.S. Department ofHousing and Urban
Devel ment
11. SWV #
0002430.:00
7; Start Date
7/112011
CFDA Number
14.228
8. End Date
12/3lflOll.
12. UBI #
N1A
13. DUNS #
17-927-8197
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and
Divisi\lD.
Daie
'1'/1/Z()JI
Date
Approved as fla form only:
0tvJ 0Vv. . ~ZD It
Jefferson Co. Prosecur.or II
APPROVED AS TO FORM ONLY
Sandra c. Adix, Assistant Attorney General (SignatUre on FUe)
Julv I. 2010
"'Date
1
SPECIAL tERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1. DEFINITIONS
A. "Contractor" and ,"Grantee" in this Contract stlail mean the s;;lme as the term "subreciplenf found
in the federal Community, Development Block Grant (CDBG) rules and regulations, and the term
"grantee"fc;>und in the state's CDBG Management Handbook policies and procedures.
B. "Low- and moderate-income" shail mean a household Income equal to or less than 80 percent of
area median income adjusted by family size.
2. ACCESS TO RECORDS
COMMERCE and duly authorized officials of the state and the federal govemment shall have fuil
access and the right to examine, excerpt, or'transcribe any pertinent documents, papers, records,
and books of the Contractor and of persons or organizations With which the Contractor may contract,
involving transections related to the project and this contract '
3. ACQUISITION AND DISPOSITION OF ASSETS '
The Contractor wliI account for any tangible perSonal property acquired or improved with grant funds.
,The use and disposition of real property and equipment under this Contract wlil be in comprl8nce with ,
the requirements of 24 CFR Part 84 and 24 CFR 570.489, 570.502, 510.503, 570.504, as appilcable,
which Include but are not limited to the foilowlng: " ,
Real property that was acquired or improved, in whole or in ,part, with CDBG funds under this
Contract in excess of $25,000 shail be lised to meet one of the CDBG national Qbjectivesforten (10)
years after the Contract is closed. Anyexcepilon must be madi9 with COMMERCE's approval and
the contractor wiil be responsible to pay COMMeRCE an amount equal to the current fair market
value of the property less any portion of the value atlrtbutableto expenditures ofnon-CDBG funds for
acquiSition of or Improvement to the property. Such payment from the disposition ,of real property
acquired with grant funds within 1 (}.years of closeout of this Contractshailbe treated as program
InCome under Section 13 of these Special Terms and Conditions. .
, 1n cases in which equipment acquired, In whole or In part, with funds under this Contract Is Sold, the
. proceeds wliI be' program income.
4. ANTI-LOBBYING CERTIFICATION AND DIScLOSURE FORM
Contractor, defined as the prIJnary participant and Its prlnclP'als,eertlfles by I;lgnlng these,
S~lal Terms and CondltJons that:
A. No federal appropriated funds have been paid or wlil be paid, by or on behalf of the undersigned,
to any person for Influencing or, attempting to influence an officer or employee of any agency, a
tJlember of Congress, an officer or em)Jloyea of Congress, or an employee of a Member9f.
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 lIpy' cOoperative agreement, and the
extenslo[l, continuation, renewal, amendment, or rrtodifleatlo[l of anyfederal contrect, grant, loan,
or cooperative agreement' '
B. The above provlslons.wlil be 111~ if .thjl.g~nt aytard from GPMMERCE exceeds $100,000 and will
further ensurElthat their provisions ara irlcluded in any sub, grant, contract. ,lOd sJJbcontre~
, exceeding $100,000 of grant funds.
. . .'
6. BILLING PROCEDURES AND PAYMENT
,'" -COMMERCE will pay theC1lntrector for allowable expenses tled'to. approved PrQject activities
, :aQCQrding to Attachment A. Scope of Work and 8udgel
Invoices must be submitted on a, Washington state li!Volce Voucher fOrm not tnore ofteh' than
monthly. The voucher form must report all federal funds on hand as of the date of submittal. Any cash
on hand 'must. beSI IbtractecLfrom..the."'mn, Int nf nlnds rA(]' ,.."tAd Program inr.nm.. ....mAd during thA,. .
reporting period must also be deducted from the amQunt requested.
COMMERCE I Local Government Grant Contract for F~eral Funds
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
InvQices shall be mailed to:
Department of Commerce
local Govemment and Infrastructure Division
1011 PlumStSE
P.O. Box 42525
Olympia, Washington 98504-2525
Attention: Contracts Administration Unit (CAUl Project Manager .
Invoices s~1 describe and doc.ument, to CQMMERCE's satisfaction, the work perfol1Tl(ld, the
progress of the Project,.liU1d fees. The invoi~sl:1all includ~ the Contract number. If expenses are
invoiced, provide a detailed breakdown of each type. .
Payment shall be considered timely If made by COMMERCE within thirty (3Q) .caIendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered If the Contractor fails to satisfactorily comply with any term or
condition of this Contract, including completion of the Environmental Review and the release of funds
(If applicable).
6. CENTRAL CONTRACTOR REGISTRATION
. .
By Signing this Contract, the Contractor accepts the requirements stated in 48 CFR 52.204-7 to
register with the Central Contractor Registrali()ll (CCR) database at www.ccr.gov. To register in
CCR, a valid Data. Universal Numbering Sys~lilfJI (DUNS) Nurnber is req~ired: The .Contractor is
responsible for the accuracy and completeness of the detawithin the CCR database .aod for any
liability resulting from the Govemmenfs reliance on inaccurate or incomplete data. The Contractor
must remain registered in the CCR database after the initial registration. The Contractor is required
to review and update, on an annual basis from the date of initial registration or subseqQent updates, .
its information in the CCR database to ensure it is current, accurate and complete.' The Contractor
shall provide evidence documenting registration and renewal of CCR registration.
In. the event of the ;Contractor's noncompUanCla !lr refusal to comply witt)Jh.Elreqlllrernan~.stated
above, COMMERCE reserves the right to suspend payment until the contraetor cures thIS
noncomPliance. ' . .,.. .
7.CLOS~OUi'
The COMMERCE win ad'lise the Contractor to hllt[atecloseout procedu~when there are no
ir:n~rrients to clOsing and the follQwing criterl~have been met orsoon Wmbe met . .
. A. All costs,have been incurred'with the excaptlpn of closeout costs and any unsettled third-party
claims against the Contractor.. Costs are incUrred when' goodS and services are received or
contract work is performed. .
.\ l!J. The Conti'actOr has held a public hearing to review program perfOrmance: .
C.. The Contractor Ms sUbthIttedthe final Closeout f>erforinance RepOrt F"i.lure to submit a report
will not preclude the COMMERCE from effecting closeout If it is deemed to befn the !*Ite's
Interest. Any excess grant amount in the Contractor's possession shall be retumed in the event
of fSilure to finish or updatE1 the report" '. . "'.. . i
D. other responSibilities of the Contractor undilr this Contract and. applicable laws and regulations
appear to have been cerried out satisfactorily or there IS no further state Interest in keeping this
.Contract open for the purpose of securing p'erformanCEl: '
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COMMERCE I Local Government Gmnt Contractfor Fedeml Funds
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SPECIAL TERMS AND CONDmONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
8. CONTRACT MANAGEMENT
l'he -Representative for each of the parties identified on the Face Sheet of this Contract shall be
responsible, for and shall be the contact person for all communlcetions and billings regarding the
performance of this Contract.
9. ENVIRONMENTAL REVIEW
General puWose and Houslna Enhancement Grants
Funding in excess of the amount stipulated In Attachment C. Letter to Incur Costs, shall not
tJe:released to a Contractor byCOMMERGE until the folloWing conditions implementing 24 CFR
part 58 are met .
A. The Contractor must prepare an environmental assessment of the project and make a finding
of environmental Impact. A Motice of this finding must be published along With a notice of the
Contractor's intent to request release of funds for the project unl~ the project Is exempt from
~ ' t!1e pUblication requirements as described. The Conlrector must allow a seven (7) or fifteen (15)
day period for pUblic review and comment folloWing publication of the notices unless exempt
under the National Environmental Policy Act (NEPA) and the Washington State Envlronm~tal
Policy Act (SEPA). When this review and commentperlod expires, the Contractor may, a~r
considering any comments received, submit a request for release of funds to COMMERCE.
Upon receipt of the request, COMMERCE must allow a fifteen (1"5) day period for public review,
and comment When COMMERCE's public review and comment period expires, COMMERCE
may, atter considering any comments reCeived, formally notify the Contractor In writing of the
, release of federel funds for the project
" B." This special condition Is satisfied when the Conlrector completes the environmental review and
" request for releaSe of funds from COMMERCE: the speciat condition is effectively removed on
. The date COMMERCE provides the Conlrector With written notice of release of funds.
ImmInent Threat Grants
Funding shall not be released to an Imminent Threat grant recipient until the following conditions
are met The Contractor assures that assisted activities are for temporary or permanent
improvements limited to the protection, repair or <lI'TSst of imminent threats to public health and
safety or physical deterioration. The Contractor further assures that assisted activities will result in
either no change or minimal change In the environmental conditions that existed prior to the
emergency. In addition, the Contractor assures it will document, In writing, its determination that
" each activlly or project is exempt and meets the conditions specified for such exemption under .
," . $ection 58.34 of 24 CFR, EnvlronmenteIReview PtoCed:l:lresfor Title I CDBG Programs. In eases
, , where Contractors must take action Immediately, or within a time too short to allow full 8EPA
compliance, to avoid an imminent threat to public health or safelY, to prevent an Imminent danger
to publtc or private property, Or to prevent an immediate tlireat of serious environmental
degradation, such aCtions are exempt trom SEPApursuantto WAC 197-11-880.
Plannlna-Qnlv and Public Services Grants
Funding shall not be released to a Planning-Only or Public Services Grant recipient until the
following conditions are met The Contractor assures that assisted activities are, exempt undeF "
'lv ;<NE~A (24 CFR 58.32) and categorically exempt under SEPA (RCW43.21 C. 11 0). Th$eolltracior
" , ,further assures that the activitiell do not COrT\El under, the purylew of any other federal, state, and
'" ,.,knQWD local e)nvironinerital ~,statutes, regulation&,orexect.ltive orders. In addition, the
"" ~ctor assures it WIll docUlT)ent, In writing, its ckltel1T)lnation that each activity or projec;tls
tl1CelT1Pt and meets thll conditlonsspeclfled for such exemption under (NEPA)24 CFR 5&.34(~)
"'f' (fQr Plan,ning-Only) or 58.34(4) (for Public. Services) and (SEPA) WAC 197-11-800 (for Planning-
Only) or WAC 197-11~05 (for Public Services). '
. ~f
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10. Fsn4L OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS
The Contractor agrees to comply wifiitlie applicable'requirements of24 CFR 510.200m, Department
of Housing and Urban Development (HUD).
COMMERCE I Local Government Grant Contra<:t for Federal Funds
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GAANT PROGRAM
11.. INSURANCE
All Self-Insured risk management programs or self-insuredlliability pool financial reports must comply
With Generally Acoepted Accounting Principles (GAAP) and adhere to accouriting standards
promulgated by:
i. Governmental Accounting Standards Board (GASB),
ii Financial Accounting Standards Board (FASB), and
iii. The Washington State Auditor's annuai instructions for financial reporting.
Contractors participating In joint risk pools shall maintain sufficient documentation to support thl'l
aggregate claim liability information reported on the balance sheet The State of Weshington, it$.
agents, ancj employ~ need not be named as additional insured under a self-insured
propertyniability pool, if the pool is prohibited from nlil/Tling third parties as additional insured.
Unemployment and Industrial Insurance. The Contractor shall be In full Compliance wlth all state
unemployment and industrial insurance laws while performing work under this Contract Commerce
Will not.be responsible for payment of industrial insurance pramiums or for any otl\er claim or benefit
for the Contractor, or any subcontractor or employee of the Contractor, which might arise under the
industrial Insurance laws during performance of this Contract .'
Protection of Proiect Pro[)(;lrtv. Contractor's AssumPtiQn Qf RIsk. The Contractor shall continuously
maintain adequate protection of all the project work from damage and shall protect the property from
injury or loss arising in connection wlth this Contract The entire work of the Contracto{shaJ1 be at the
sole risk of the Contractor. The Contractor may elect to secure fire, extended coverage, and
vandalism insurance or all-risk insurance to cover the project work during the course of construction.
The Contractor shall take all necessary preCautions fQr the safety of employees working on the
project, and shall comply wlth all applicable provisions of federal, state, and local safety laws and
building codes to prevent accidents or injuries to persOns, on, about, or adjacent to the premises
where the work is being performed.
12. NOTIFICATION OF TENANT RlGHTSlRESPONSlBllmES
T\le Contractor shall provide all tenants, if any, wlth information outlining tenant rights and
responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of.
Weshington.
T\le Contractor shall also provide all oecupants of property financed wlth U.S. HOllsing andUrban
. DavelQpmimt (HUD) funds notice regarding their eligibility for relocation assistance. . Such notices will
beprovlded as required by the Uniform Relocation Assistance and Real Property Acquisition Act of
. ,,1970, as amended and referenced In 49 CFR part 24 and SectIon 1G4(d) of.theHouslng and
Community DeveJopmentAct of 1974, as amended and referenced in 24 CFR 570 and noticed in
HUD's Handbook No. 1378. Notifications Will include but not be limited to:
. General Information Notice
. Notice of DisplacementINon-Displacement
13. PERFORMANCE REPOR'I1NG
. 'The Contractor, at such times and in such formS as COMMERCE may require, shall furnish periodic
progress and performance reports pertainIng to the aclivitieS undElrta1<eh pursuanf to this Contract
Thesll reports may inClude environmental review records, pOblicationaffidsvit$,procuremenfand
cbntracting records. documerrtatlon of compliance with federal civn.rights requirements. jo'6 creation
records, program ineain,e reports, reports of the Costs and obligations incurred in connectfcin
:thereVl'ith, the nnal closeout report, 'and any othermatters cover6dby this Contract Activities funded
by this Contract providing income-quallfled direct assistance or direct seivices under the limited
clientele, housing, or job creetlon CDBG National Objectives, must submit quarterly beneficiary, .
reports as furnished by COMMERCE. Failure to submit these reports may r-eSultin COMMI:!RGE
.;-\IrithhoIding pay n lent or tel.lulJlaling this CClllbac;;t.. .--..---.--.
COMMERCE I L<x:al Government Gmnl contract for Federal Funds
4
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
14. PROGRAM INCOME
Program Income, as defined in 24 CFR 570.489(e), retains federalldenlity and will be used before
drawing additional COBG funds to complete activities includ6d in the Scope of Work and Budget The
Contractor must maintain records of program Income received and expended, and annually report
program Income received after closeout of this Contract, if the total amount of program income
received In a single year equals or exceeds $25,000. Program Income shall be used to continue the
same activities to benefirlow- and moderate-income persons or, with COMMERCE approval, for
other activities to benefit low- and moderate-income persons. Interest earned on COBG funds in
excess of $1 00 must be remitted to COMMERCE for retum to the U.S. Treasury.
15. SUBCONTRACTS FOR ENGINEERING SERVICES
Engineering firms must certify that they are authorized to do business in the state of Washington and
are in full compliance with the requirements of the Board of Professional Registration. The Contractor
Shall require that professional services providers be covered by errors and omissions insurance in an
amount not less than the amount of the firm's subcontract. If the firm Is unable to obtain errors and
omissions insurance, the firm shall post a bond wIth'the Contractor fer not less than the amount of the
subcontract. SUch insurance or bond shall remain In effect for the entire term of the subcontract The
subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the
subcontract shall constitute a material breach of the subcontract and cause for subcontract
terrninatlon~ The Contractor shall cause the subcontractor to provide 3O-day notice of cancellation. If
the engineering firm is also the, project administrator, the Contractor shall require that the bond or
Insurance shall be for not less than the amount of the entire COBG project
16. ORDER OF PRECEDENCE
In the event of an Inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order: ,
. Applicable federal end state of Washington statutes and regulations
. Special Terms and Conditions
. General Terms and Conditions
. Scope of Work and Budget
COMMERCE I Local Government Gmnt Contract for Federal Funds
5
"
GENERAL TERMS ANDCONmTIONS
1.. O~pINIlJPNS
As used throughollt this Contract; the following terms shall have the meaning set fOrth below:
q. . Author14ed Representative'" shan mean the Director an4l0r the dQ$l{l.nea authM:z~ in writing to act on the
Director's behalf. , ' " ,
.
D. ' "Contractor" shalllt1'le8n the entity lllentlfied Oil the face sheet pert:miTiinll $lVice(s) under thIs Contract;
and shall Inl:l!ude alLemp/oyees and agenttEof'the ContraCtor.
,E. .COMMERCE" shall mean the Department of COMMERCE.
F. .Personallnforrnation. shall mean Information IdentifiablE;! to any person, Inoludlng, but nQt limIted to,
Information that relates to a person's name, health, financeS, edui:;atlon, busin6$S,ul$e or receipt of
govemmental services or other activities, addresses, telephone n"lmbElrs,soclal $eCurlly numbers, driver'
license numbers, other Identifying 'numbers, and any financial Iqentlfiers.' '
G. .State. shall mean the state of Washington.
H. .Subcontractor" shall mean one not In the employment of the Contractor, who Is performing all or part of
those selVlces under this Contract under a separate contract with the Contractor: The terms
.subcontractor" and .subcontractors" mean subcontraotor(s) In any tier. "
2. ALL WRmNGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by tile parties. No other understandings, orel
orotherwlse, regarding the siJbJect matter' of th1!! Contract shall be deemed to eXist or to bind, any of the parties
hereto. ' ' .
3. AMENDMENTS
, . ,
This ,Contract may be 'amended by mutual agreement of the parties. Such amendments shall not be bInding
unless they are In writing and,slgnec}by parsonnel auth,orized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract; nor any claim arising under this Contract; shall be transferred or assigned by the
.: ContraCtor without prior WrItten consent of COMMERCE.
6. ,ATTORNEY FEES
Unless expressly permitted under another provision of theContrect; in the event of Iitlgatlon or other action
brought to enforce, Contract terms, eaCh party agrees to bear Its own attorney fees and costs.
6. AUDIT
A. General ReaulrementS , , '
Contractors are to procure audit services based on the.followLng guidelines. '
The ContraCtor shall maintain its records and accounts so as to facilitate the, audit requlrementand shall
ensure that Subcontractors-also maintain auditable records.
The Contractor is responsible for any audit exceptions Incurred by Its own organlzatlon.or that of its
Subcontractors.
COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from the audite
As applicable, cOntractors required to have an audit must ensure the audits are performed In accordance
with Generally Accepted Auditing Standards (GAAS); GovemmentAuditlng Stendards(the Revised Yellow
, Book}developed by the Comptroller General. - '
Responsesto any unresolved management findings and disallowed or questioned costs shall be included '
.. with the audit reporL The Contractor must r~pond to COMMERCE requests fqr Information or corrective
~ ~ --- actlorlooncel1llng audit issues WIthin ffility (30) days -onFie date of request. ._~--
COMMERCE f Local Government Grant'Contract for Federal Funds
1
GENERAL TERMS AND CONDITIONS
'.
B. Federal Funds RllQulrenients - OMB Circular A-133 Audits of States. Local Governments. and Non-
Profit Oman~t19ns ' , , .
, ContractQrs expenqln!l$.500,QOP or more. in afiscalyaar In f~,~ l'und~frqmaU so~, direct and '
indIrect, ate required to beve an audit conducted In accordance With OffIce of Management and Budget
(OMB) Revised Circular A-133 "Audits of states, local'Governments, and Non-Profit OrganiZatIons."
RevIsed OMB A-1 sa requires the Col1tractoF to provide the auditor WIth a SCIiel:kIIe of Federal Expendltur
for the flscal year(s) being audited. The SchedUled staIe'fi'lnanol~ AssIstal'lce rnustlle included: Both
schedules Include: ' '
Grantor agency name
Fedefal ~ency '.
'F,ederal pro!ll1!m name " ','
Otherldentlfyirig coiltract numheti; . . . . . ' , ).
CatBlqg of Federal Domestic Assistance (CFDA) numllElt
Grantor contract number
TO!8J ,award amount Including amenclments (total grant award)
BegInning balance ' .
Current year ravenues "
Current year expenditures
Ending balance .
Program total
if the COntractor Is a, state or local government entity, the Omceof the st$, Auditor sh<iJI conduct the' aud t
. Audits of nein-profit organizations are to be conducted by a eertlflEld pUbliC accountant selected by the
Contr;!ctor in accordance with OMS Circu'lar A-110 "Uniform Administrative Requlrements for Grants ahd
Agreements with Institutions of Higher Education, Hospitals, and Other Non:profit Organizations."
The Contractor shall Include the above audit requirements ill any subcontracts.
In any case, the Contractor'sflnanciatrecOrds rnustbe a1lSUablefor revlewb~ COMMERCE.
C. Documentation Reaulrements
The Contractpr must 6.\lI1d. a copy of any required l!,udltRepoJ:ting Package as described in OMS CIrcular
A-133, Part C, Section '320(0) no later than nine (\)lmontJ:Is af;t.er the end of the Conbilctor's fiscal year( s)
~ '
Departmentof Commerce
ATTN: Audlt Review and ResoIutJon OffIce
,1011 Plum StSE'
PO 80x42525"
OlympIa WA98504-2525
[n addition to sending a cOpy of the, audit, when applicable, the,Contractor mlls,t,Jl1cclude:""
.Correctlve action plan for ~udlt findings wlthll1 three (3) rppnths oftl)e l!Udlt being received by
COMMERCE. ',', ' , ,
. Copy of tI1e Management Letter
-., "
",' ..:, ,.,
:......
,J.-'
,;.,. ,i
, '
----
"
----~_._---
COMMERCE I LocaJ Government Grant ContJ:act for Federal Funds
2'
GENERAL. TERMS AND CONDfTlONS
7. ElERnFlCATION REGARDING DEBARMENT. SUSPENSION OR INELIGIBILITY AND VOLUNTARY
EX-cLUSION--PRlM.ARY AND LOWERTIER COVERED. TRANSACTIONS
A.;..,Contractor, defined at the primary participant and It princIpals, certifies by slgnlrigthese General
Terms and CDndltlons that to the best of Its knowledge and belief that they: . .
1. Are not presently debarred,. suspended, proposed fordebannenl, declared Ineligible, or voluntarily
excluded from covered transactlons by any Federal deparbnent or ageney.
. 2. Have not within athrea-year period preceding this COntract, been convicted of or had a civil judgment
. rendered agalnst them for commISsion offraud or acrtmlnal offenSli In connection With obtaining,
attemptlnQ to ol:!!t:iln, or performing a public or pilVate agreement or transaction, vlQlatlon of Federal or
State antltnlst statutes or-commission of emllezzletnent, theft, forgery, Qrlbery, fallllfleation or
destruction of records, making false statements, tax evasion, receMng stolen properly, making false
claims, or obstruction of justice;
.3. Are not prasantly Indicted for or otherwise criminally or civilly charged by a govemmeJ;llal entity
(Federal, stale, or local) with commission of any of the offenses enumerated iri paragraph (1)(b) of this
sectlon; and .
4. Have not within a three-year period preceding the signing of this COntract had one or more pUblic
transactions (Federal, state, or local) terminated for cause of default
B. Where the Contractor is unable to certify to any of the statements In this COntract, the Contractor shall
attach an explanation to this Contract
C. The Contractor agrees by slgnmg this Contract 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, unlessaulhorlzed by COMMERCE.
D. The COntractor further agrees by signing this COntract that it will include the clause titled "Certlflcation
RElgardlng Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower lier COvered TranSaction:
as follows, without modlflcetion, in an-lower tier covered transactions and In all solicitations for lower tler
covered transactions:
. .
LOWER TIER COVERED TRANSACTIONS
a) . The lOwer tier contractor certifies, by signing thlsCOnlract 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 deparbnentor agency.
b) Where the lower tier contractor Is unable to certify to any of the statements in this COntract,. sucl:J
contractor shall attach an explanation to this Contract.
E. The terms covered tranS<lctlon, debarred; suspended, I"ellglble, lower tier. covered transaction,
person, primary covered transaction, principal, 'and voluntarily excluded, as used irlth!s Sectlon; have
the meanings set out In the Definitions and Coverage sectlons of the rules Implementing Executive Order
12549. You may. contact COMMERCE for assistance in obtaining a coPy of thasa regulations.
8. CONFJOENTlALITY/SAFEGUARDING OF INFORMATION
A.; .Confldentlallnformatlon" as used In .thlssectlon Includes:'
1. . All material provided to the COntractor by COMMERCE that is designated as "confidential". by
COMMERCE;
2. All materiai produced by the COntractor thalls designated as "confidential" by COMMERCE; and
3.' All Personal Informatlon In the possession of the. COntractor that may not be disclosed under $tate or
fSderallaw. "Persoriallnformatlon" Includes but is not limited to InfolJllatlon related to a person's name,
health, flnances,educetlon, business, use of govemment services; addresses, telephone numbers,
social security number, driver's liCense number and other Identlfylngnumbers, and "Protected Health
___~i1formllt!on"!.!.lJder !tteJederal_H.J:l~lth.lns!lranceP9l!?bllltylind Account?blllty Act of 11196 (HI PM).
. COMMERCE I local Government Grant Contract for Federal Funds
3
GENERAL TERNlS AND CONDITIONS
8. The Contractor shall comply' with all state aJld f~rallaws reiated to the Ul!6, $haring, tranSfer. aale:. or
disclosure of Confidentlallnfoifl:latloll', The Conl.ractor !lhall use ConfidentiallnfQJ11latlc)n solely tot the
purposes of this, COl'\tract and shall not use, share, transfer, sell or dlsclpile any ConfidentlaUnfoQl'latlon to
, any third party exCept with the prIor written (';Qn13ent ofCOMM,I;RCJ;: or as m..~fJe requlr'ecl py law. The
Contractor shall take all necessary steps to assure that Confidential Information Is l;aI'eguarded to prevent '
\.tnaUthorlzed use, sharing, transter"sale or disclosure of Confldentiallnl'ormatlon or violation of ..ny state
federal laws related thereto. Upon request, the Contractor sllall provide COMMERCE with Its policies and
procedures on confidentiality. COMMERCE may requil"!l changes tos,uchpollclesand procedures as the
apply to this Coittract wheneVer COMMERCE reasonably determInes that chanQ(*i are,necessary to
prevent unauthorized dlsclosl,lretl. The Contractor soall make the Changes within the time perIod spec
by COMMERCE. Upon request, the ContraCtor shall Immediately retUrn to C()MMERCE any Confidential
Information that COMMERCE reasonably'determlnes has ncit been a(lequately proteclecl by the Contracto
against unaUthorized disclosure. ' ' '
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (6) working days of
" any unauthorized use or dIsClosure of any confldeirtlallnformatlon, and shall take necessary steps to
mitigate tha harmful effects of such use 01' disclosure.
9. CQNFO~CE
If any provision of this Contract violates any statUte or rule ,of law of the state of WaShington, It is consIdered
modlfied to conform to that statute or rula of law.
10. COPYRIGHT PROVISIONS
Unless other:wlse 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 th
author of such MaterIals. In the event the MaterIaisare not considered "works for hire" under the U.S.
Copyright laws, the Contractor hereby Irrevocably aSsigns aU rIght, title, and interest In ali'MaterIals, including
all intellectual property rIghts, mciral rIghts, and rIghts of publicity to COMMERCE effective from the moment 0
creation of such MaterIals. ," , " ,
"Materials" means all Items In any format and includes, but I,s not limit(ld 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,' regtster and the ability to transfer
these rights.
For Materials that are delivered urtder the Contract, but that Incorporete prlTElxistlng materials not produced
under the Contract, the Contractorhereby grants to COMMERCE a nonexclusive, royalty-free, Irmvocable
Ilcelise(Wlth rights to sublicense to others) In such 'Materials to transll$.-reproduce.distribute, prepare
derivative works, publicly perform. anc;\ pubUcly display" The Contractor warrants, and represents tha~ the
Contractor has aUrlghfs,and perml!lSk>l,l~, InCluding fmeli~a'1 p'roperlyrl9.hfs, moral fightS and ifglifs pf
-publlc1ty, nacessatyto granfsucll a Ifceilseto C()MMERCE. ", ,
, '-' .. '.: ,--., , . ..
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of MaterIals'
furnished under this Contract, of all known or potential invasions of privacy contained therein and of any port! n
of such document which was not produced In tile performance of this Contract. The CoritractorshaU provide "
COMMERCE wit!J prompt written notice of each notieeor qlairn of lnfrlilgement received by the eontr;imor,
respem to any Materials delivered under this Contract COMMERCE shall have the right to modify or remove
any restrtc:llve rnarJslngs plaoecl upon the Materlaisby the Contractor.
11. DISPUTES
Except as otherWiseprqvfC;\edlritfils COJ1tract,:whenadlspute arises between the parties and itcannot,be
,resoWed by dIreCt negotlatlori,elthetpaitymlfy request a dispute hearing with the DIreCtor of COMMERCE,
, , WhO may designate arieutralpEirsonto decide the dispUte. " ,',' " " ,
. . -' -' - -, .' - . . .
,Tharequest for a dispute h6aring must
~ ..-~6e'-fftwi'itilt!i.-m -- , ,
. state the disputed issues;
.; state the relative posltlonl;l of the parties;
COMMl:RCE I local Government Grant Contract for Federal Funds
4
GENERAl TERMS AND CONDITIONS
· state the Contractor's name, address, and contract number; and
· be. mailed to the Director and the other party's (respondenfs) ContJ:actRepresentlltjve 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 ~ both the Director or the Director's
designee and the requestor within five (5) working days. .
TheDlrector or designee .shall review the written statel11e~ aDd:lJlP/1!n WOtID9 IQ..bQID pafll~ .wit!lln tEln(1Q) .
worklng 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 0': quasi-Judicial proceeding.
The parties agree that this dlsputS process shall precede any action In a JUdiCial or quasi-Judicial tribunal.
Nothing In .thls Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dlsputa
resolution (ADR) method in addition to the dlsputa hearing,procedure outlined above.
12. ETHtCSfCONFLlCTS OF INTER~
In performing under this Contract, the Contractor shall assllrecompllanca with the Ethics In Publl\) servlca Act
. (Chapter 42.52 RCW) and any other applicable state or federal law ralated to ethics or confll~ of. intereSt
13. ~OVERNING 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.
14. INDEMNIFICATION
Each party to this Contract shall be responsible for its own acts andfor oinlsslons and those of its officers,
employees and agents. No party to this Contract shaH be responsible for the acts andfor omissions. of entities
or individuals not a party to thIs Contract
15. INDEPENDENT CAPACITY OF THE CONTRACTOR
. .
The parties Intend that an Independent contractor relationship wlIl be created by this Contract 'The Contractor
and its employees or agents performing under this Conlrilct are not employees or agents, of the s.late of
Washington or COMMERCE. The ContractorWilln~ hp.id itself out as or claim to be an 9f1lcar or employee of
COMMERCE or of the state of Washington by reason hereof, nor wUl the Contractor make any claim of right,
prMlega or benefit which Wln!/d accrue to such.offlcer or employee under law. Conduct and control of !he work
wUl be solely with the Contractor. .
15. INDUSTRlALINSURANCE COVERAGE
The ContraCtor shall comply with all applicable provisions of TItle 61 RCW, Industrial Insurance. If the
Contractor falls to provide Industrial Insurance coverage or falls to pay premiums or penalties on behalf of its
employees as maybe required by law. COMMERCE may collect from the Contractor the fuli amount payable to
the Industrial Insurance Accident Fund. COMMERCE ml:lY ded!ictthe amlJunt owed by the Contractor to the
accIdent fund from the amount payable to the Contractor by COMMERCE under this Coritract,. an.d transmit the
deducted amount to the Department of Labor and Industries, (L&I) DMslon of.lnsurance services. This
provision does not waive any of L&I's rights to coflectfrorn the Contractor. .
17. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and pollctes of local, slate,
and faderal governments, as now or hereafter amended; Including, but not limited to:
United states Laws. Reaulatlons and Circulars (Federan .
A. Audits
....Qfli~ of Managementand Budget (OMB)Revlsed CIiC!.!larA-133 . Audits of states. l.o9al Govemmjln!sL____
and Non-Profit Organizations." .
COMMERCE I i.ocaJ Government Grant Contract for Federal Funds
5
GENERAL TERMSANO CONDITIONS
B. Labor and Safety standards .
Convict Labor, 18 u.8.6. 751,752,4081, 40S2.
Drug-FreeWorkp1lilC(l ACt of 1988, 41 Use 701 at seq.
Federal FaIr Labor standards Act, 29 U.8.C. 201 at seq.
Work HOl/l"Sand Safety Act of 1962, 40 U.8.C. 327-330 and Department of tatior Regul~ons, 29 CF~ P
5.
C. Laws against DIscrlm1rlatlon
Age Discrimination Actof 1976, Public Law 94-135. 42 U.S.C. 6101-07, 45 CFI't Part 90 Nondlscrimlnatlo
.' In FederaliyA.l;$iste(j Programs. .
Americans with D1sabllltle$ ACt of 1990, Public Law 101-336
Equal Employment Opportunity,' Executive Order 11246, as amended by executive Order 1137& and
supplemented in U.S. Department of Labor Regulations, 41 CFR ChaPter 60. '
ExecutlVeOrder 11246, as amended by EO ,11375, 11478, 120S6and 12102.
Handicapped EmPloyees of Govemment Contractors, Rehabilitation Act of 1973, SectIon 503, 29 U.S.C.
793. ..
. Handicapped RecIPients of Federal Ananclal AsslstariC(l, Rehabilitation Act of 1973, Section 504, 29
U.S.C. 794.
Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631.
Minority Business J;nterprise Development, Executive Order 12432, 48 FR 32551.
Nondisctimlnallort and Equal Opportunity, 24 CFR 5.1 05(a). . . . '. .' " .
NondIscrimInation In banefits, Title VI of the Civil Rights Act of 1964, Pubfic Law 88-352, 42 U.S.C. 2002d
et seq, 24 CFR Part 1. .
. Nondiscrimination .In employment, Title VII oftiJ,e Civil Rights Act Of196.4,P.ubll.c Law 88-352.
. Nondiscrimination In Federally Assisted Construction Contracts, Executive Order 1 1246, 42 U.S.C.200Oe
. as amended by ExecutIveOrder 11375, 41CFR Chapter 60.
Sect/on 3,. Housing afld UrPan DevelopmentActof 1969, 12 USC 1701u {See 24 CFR570.607(b)).
D. OffIce of Management and Budget CIrculars
. .
Cost.Prlnclples for.Stete, Local and Indian Tribal Govemments,()MB ~IarA.a1, ;a CFiR,fl<\lt~5."
Cost Principles for "'lQnprofl! Organizations, 9MB Circular A-122 (If the GontractCF Isa nonprofit
.organlzation}. . . . . .
.' Grants andCoopetatlVe Agreements with Slate and LoCaI(1ovemnie~, OMB Cir.cular M 02W1fte .
Contractor Is a local. (Jov~mment o'r federtllly. recognized indian tribal gciVen:rrnent). '.
Uniform Adinlnistratlv~ Ret'llllrements for' Grahts and Other Agreeme$, with instItUtions of HIgher.
Education, Hospitals and Other Nonprofit.OrganIzations, OMB. Circular ",-11-0.
E. other
Ai1ti-K1ckback Act, 18 U,S.C. 874; 40 U.S.C. 276b, 2rElc; 41 U.S.C. 51-54.
. .' C Govemnierita! Gufdiii1~ for NawRSstrii:tJo'ns on 'lobbying; IrrterliriFlna!G\lldanca~ F.=~ereIR~~&r1, V I.
54, No. 243\Wednesday, December 20, 1989. " .
. Hatch Political Activity Act, 5 U.S.C. 1501-8.
Intemal Revenue S~rvIOe Rules, August 31, '1990.
. " .,' ',' " . " ", . . ',' .' .- .. - -, '.' .
-'~Tob6Ying and DiSclosure, 42 USCf3537aand3541rand 31-USC 1352 (By[d,Antl-LobbYlllgAmemiment). 1
U.S.C. 1352 provides that contractors who apply. or bid for an award of $100,000 or more must file the
COMMERCE I Local Government Grant Contract for Federal Funds
6
GENERAL TERMS AND CONDITIONs
required certification. Each tier certifies to the tier above that It will not and has not used Federal
appropriated funds to pay any person or organization for influencing or .. . ...
attempting to Influence an officer or employee of any age)lcy, a member of Congress, officer or ert)j!)loyee of
Congress, or an employee of a member of Congress In connection with obtaining any Federal contract,
grantor other award covered by 31 U.S,C. 1362. Each tier must disclose any lobbyl/lgwlth OlIlO.Federal
funds that takes place In connection with obtaining any Federal award. Such disclosures arafoJWatded
from tier to tier up to the recipient.
Non-Supplantlng Federal Funds.
Section 8 Housing Assistance Paymelits Program.
F. Prlvacy
Privacy Act of 1974,0 U.S.C. 662a.
vvashlnllton State Laws and Reaulatlons
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non-profit corporations - Uabnlty - Limitations, RCW 4.24.264.
C. DlsclosurlH:6mpalgn finances-lObbying, Chapter 42.17. RCW.
D. Discrimination-human rights commission, Chapter 49.60 RCW.
E. Ethics In public service, Chapter 42.62 RCW.
F. Omce of minority and women's business enterprises; Chapter 39.19 RCW and Chapter 326-02 WAC.
G. Open pUblic meetings act, Chapter 42.30 RCW.
H. Pubfic records act, Chapter 42.66 RCW.
I. . State budgeting, accounting, and reporting system, chapter 43.88 RCW.
18. LICENSING. ACCREDITATION AND REGISTRATION
The Contractor shan comply with all appllceble lacel, state, and federaHlcenslng, accreditation and registration
requirements or standards necessary for the performanca of this Contract
19. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's desIgnee by writing (d611lgnatlon to be
mada prior to sellon) shall have the express, Implied. or apjJarent authority to alter, amend, modify, or waive
any clause or condition of this Contract . ,
20. NONCOMPLIANCE WITI'! NONDISCRIMINATION LAWS
During the performance of this Contract, the Contraotor sl'lall t10mply with all fed$raI. state, and iacel
nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to
comply with any nondiscrlminatlon law, r.egulatlon or POliCY, this Contract may be res<<lnded, canceled or .
terminate!! Iii whole or In part, and the Contractor may be declaradlnellglble for further' contracts with
COMMERCE. The Contractor shall, hQwever, be given a reasonable time In which tocura this noncompliance.
Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.
2.1. POLmCAL ACTIVITIES
Political activity of Contractor (3JTIployee&snd officers are limited by thestata Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the F.ral Hatch Act; 6 use 1601 -1608.
No funds may be used for working for or against ballot measlires or for or against the ~ndldacy of any person
for publiC office.
COMMERCE I local Government Orant Contract for Federal Funds
7
GENERAL TERMS ANDCONDmoNS
22. PREVAILING WAGE LAWS
All cqn!raptors and subcontractors perfotmlng work on a c;onstructjon project fu,nded through this Contract shal
CtlmplV WIth prevailing wage laws'by payingtl1e higher of ~te or federal prevaDlng wages according to: '
S1ate Prevafling Wagll$ on PubDGWorks, Chapter 39.12 RCW, as applicable fu the Project funded by this
&lntract, Incluqlngbut rrot Dmlted to the 'filing of the "statement of Intent to Pay PrevalllngWages" and
. Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain rec:ords suffiGlent
to evldenoo compDanoo with Chapter 39.12 RCW, and shall make suGh reCQrcls available .for
COMMERCE's review upon request; or .
The Davis Bacon Act, 40 U.S.C.276ac276a-5 and related fedetaJ acts provide that all laborers arid
mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates no
less than those prevailing on similar construction in the locality as determined by the SeGretary of Labor.
23. PROCUREMENT STANDARDS FOR FECERALLY FUNDED PROGRAMS
A Contractor which Is a 10001 govemment or Indian Tribelgovemment must establish promlremellt pellsfes an
prooodures In accorclanGe with OMS ClroolarsA-102, Uniform Administrative Requlrerrie.nts for Grants In AId
for State anli Loool Govemments, for all pUrGhases funded by this Contract.
~....'"
A Contractor whiGh Is a nonprofit6rganizatlon s\1an establlsh prooorement pollcle!; In accorclanoo with OMB
Circular A-11 0, UnifOrm Administrative Requirements for Grants and Agreements with Nonp~ Agencies, for
all purchases funded by this Contract. '
The Contractor's procurement system should include at least the following:
1. A code or standard ofconduct that shall govern the performance of lis offioors, employees, or agents
engaged In the awarding of oontracts using federal funds.
2. Prooedures that ensure all proCurement transactions shall be cond'ucled In a manner to provide, to th
maximum extent practical, open and free oompetltlon. . , ,
3. Minimum prooedural requirements,. as follOws:
a. Follow a prooodure to assure the avoidance' of purGhaslng unnecessary or dupDcetlve Items.
b. Sollcltations shall be, based upon a olear and' =.rate descrlptionof the technicalrequiremenfs 0
thEi procured items.
c. . Positive efforts shall be made to use small and minorlty-owned businesses..
d. The type of proooJ;lng instrument (fixed prioo, cost reimbursement) shall ,be detem.lned by the
Contractor, ,bot llll!st be appropriate for the particular procurement and for promoting the best
Interest of the program InvolVed.
e. Contracts shall be made only with reasonable subcontractors who possess the potantial ability to
perform successfully under the terms andc;onditions oHh.epropo!lEl(l precuternent .' ,
. . . . . .. .,
f. Some form of price or cost linalysis Sh0Uld be Perfonnedln connectiOn with every procurement
action. . ,
g. proctJrement reoordslmd fil,6s fot purchllSllS shalllnchide air of the following:
1) Cpntract@r$S.leetlon or l1illeolion.
2) The basis fOr the cOSt or prioo~
3) Justification for lack of oompelitlve bids if offers are not obtained. ..'
. . h. '.A System for confraot adminisiratlon to ensure Contractor Conformance wItil terms, CO~dItIoriS im
specifications of this Contract, and to ensure adequate and timely follow-up tif all pui:ch.ases; .
4;., Contra:ctorand.Subcontreclormust receive prior approval from COMMERCE for uslngfundsfron:t till
Contract to enter Into a sole source oontracl or a contracl where only one bid or proposal Is reoeIVed
whell-liaIueof thls.CoRtraGt ls CllJlGc!od to exooelf $a:,QOO. _m un_ Cn__~_ ___n _n_"- , .' ,
Prior approval requests shall Include a oopy of proposed oontracts and any related procurement
Qocuments and Justification for non-compelitlve prooorement; if applicable.
COMMERCE f Local Government Grant Contract for Federal Funds
8
GENERAL TERMS AND CONDITIONS
24. ,PROHIBmONAGAlNST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shaH not lie lIsed 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 ~
Contract provided, hOYiev~r, that reasonable fees or bona fide technical consultant, managerial, or other such
servlces, other than actUal solicitation, are not hereby prohibited if otherwise eligible as project costs.
25. PUBLICITY
The Contractor agrees not to publish or use any a9vartlslng or publicity matertals 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.
26. RECAPTURE
. In the event that the Contractor falls 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 9Qmpensate
COMMERCE for the noncompliance In ;;iddltion to any other remedies available at law or. in equity.
i7.RECORDSMWNTeNANCE .
The Contractor shail maintain all books, records, documents, data and other evidence relating to this Contract
and performance of the servlces described herein, including but not limited to accounting prOl;:Bdures and
practices which Sufficiently and properly reflect all direct and Indirect costs of any nature expended in the
performance of.thls COntracl Contractor shall retain such records for a period of six years following the date of
final payment
If any litigallon, claim or audit is started before the expiration l:lf the six (6) year period, the records shall be
.retalned until alf litigation, claims, or audit 'flndlngs involvlng the records have been. finally resolved.
28. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the COntractor shall complete registration wlth the Washington State Department.of
Revenue.
29. 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 terminate the Contract under
ttte "Termlnallon for Convenience" clause, without the ten caler:tdar day notice requirement In lieu of
ter.mlnallon, the COntract may be amended to reflect the new funding limitations and conditions.
30. SEVERABILITY
If any" provision of. this COntract .or any provision of any document incorporated by referenea shall be held
invalid, such Invalidity shall not affect the other provisions of this COntract that can be given effeqt wilho!lt the
Invalid provision, if such remainder .conforms to the requirements of law and the fundamental purpose of this
COntract anq to this end the proviSions of this Contract are . declared to be sever.able. .
31. SUBCONTRACTING . . . .
The COntracto~ may only subcontract workcentemplated under thtsContract If It Obtains the prior wrIlten
approval of COMMERCE.
If COMMERCE approves subcontracting; the COntractor sh~lIl1Jalntain wrIlten procedures related to
subcontracting, as well as copies of all subcontracts and records related. to subcontracts. For cause,
COMMERCE In wrIlIngmay: (a) require the COntraclor to amend ltssubcontracting proCedures as they relate to
this Contract; (b) prohibit the Contractor from subcontracting with II particular person or entity; or (c} require the
. Contractor to rescind or amend a subcontract . ... .
Every subcontract shall bind the Subcontractor to follow ail applicable terms of this COntract The. COntractor Is
responsible to COMMERCE if the SUbcontractor falls to comply with any applicable terrn.or condllion of this
Contracl The Contractor shall.approprlately monitor the activllies of the SUbcontractor fu assure fiscal
------- -- oofidltTofilfoftfillfC01itfact.ln. no everi{sfialCtfiEfexlsteflceofasubcontraClopeTatelOreiease or reduce lITe
liability of the Contractor to COMMERCE for any breach In the parformance of the COntraclor's duties.
COMMERCE I Local Government Grant Contract for Federal Funds
9
,
GENERAL TERMS AND CONDITfONS'
Every subcontract snail Include a term that COMM.ERCE l\nQ. the State of Washington are not Ilabie for clal
or damages arising from a Subcontractor's perfor!nance of the subcontract.
3i;~.SiJRVlVAl ....
: The terms, conditions, and warranties contained in this Contract that by their sense and conte~ are intended
. to survive the campletion of the performance, cencellation or termination of this Contract shall so survive.
33. TAXES .
All payments accrue4 on account of payrolllal!~, unemployment contribUtions, the Contractor's income or
gross receipts, any other lal!es, insurance or expenses for the Contractor'or lts.staffsfIaD be the sole
responsibility of the Contractor. .
34. TERMINATION FOR CAUSE / SUSPENSION'
In event COMMERCE determines that the Contractor falle4 to comply with any term or condltlonofthls
Cpntract, COMMERCE may terminate the Contract in whole or. in part upon written notice to the Contractor.
. Such termination shall bedeeined "for cause." Termination shall take effe.t:t on the date speclfled In the noti
'In the alternative, COMMERCE upon written notlCe may allow the Contractor a.spElclflc period of time in whic
to correct the non-complianoe. During the correctivEHlction time period, COMMERCE may suspend further
. payment to the Contractor in whoie or in part, or may restrict the Contractor's rigbt to perform l!utias uncler th s
Contract. Failure by. the Contractor to take timely corrective action. shall allow CQMJVlERCE to terminate the
Contract upon wr'ittennotiee to the Contractor. . . . '. . . .
"Terminatlon for C.ause" shall be oeeme4 a "'ermlnatlon for Convenience" when CdMMERCE determines th t
the Contractor did not fall to comply with the terms o.fthe Contract or when COMMERCE determines the
. failure was nOt caused by the Contractor's actions or negligence. .
If the Contract is terminated fur cause, the Contractor shall be liable for damages as authorize4 by law,
inCludIng, but not limlte4 to, any cost difference betweell the original Contract and the replacement ContraCt;
as well as all costs assoclatoo with entering into the replacement Contract (l.e., competltlve' bidding, mailIng,
advertising, and staff time).
35. TERMINATION FOR CONVENIEHCE .
Except as otherwise provlde4 in this Contract, COMMERCE may, by ten (10) business days.written noticei
beginning on the second day after the malOng, terminate this Contract, in whole or in part. If this Contract Is
termlnate4, COMMERCE shall be liable only fur payment required Onder the terms of this Contract for servl
. . rendere4 or goods deilvered prior to the effective date' of termination.
. 36. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor shall:
Stop wo~ under the Contract on the date, and to the e~ent speclfle4, in the notice;
Place. no furtl1er orders or subeontracts for materials, services, or facllltlesrelated to the Contract;
, Assign to cOMMERCE ~I.I of thE? righ~, tltl~. an~ Interest .ofthe. Contractor !lnder 1IW Clrders 'and suboontra
so terminated, in Which case COMMERCE h~ th<3 right, 'i:!tlts cliscretlon, to l;!;lttle or pay any or all claims'.
arising out cif the termination o(such orders and subContracts: Any attempt by the Contractor to settle suCh
clalnis must have the prior written approval of COMMERCE, and . .
Preserve and transfer any mateliais, contract:dalivereblesandlorCOMMERCE properly in the COntractor's
possession as dl.recteQ. by COMMERCE. -
Upon tern:iination of theContrl;lCt. C6MMERC;E shall pay the.Contractodor any sen&e provl~.liy.the .'
ContraCtor uncler the Contract prior to the elate of termlnllt!9n. CQMMERCE mrly. witI:lh~li(I any amount due s
. .. :COMMERCJ:rEiiisoiiSbly aefemiffie$ls'liecessai'y'to -protElqfroMMERCE.ag~sfpotentlar ItiSsol' lialifii{y'
resulting from the termination. COMMERCE shalt pay enyWlthpald amount to tI:1a eontm,ctor if COMMERC
latercletel1l'1inestl1atloss.orliabilltywillnotoccur. .', . . '., .... '. .' ,'..
The.rights and ~mB!flesQf COMMERCE \lnder this se~on are ina<lditlon to .~y {)tIlar rights and remElllles
provide4 under. this Coh~ctor otherwise provil!ed under law; '.. ." .
COMMERCE I Local Government Grant Contract for Federal Funds
10
GENERAL TERMS AND CONDITIONS
37. WAIVER
Waiver of any default or breach shall not ~deemed to bea waiver of any subsequent default or breach. Any
waiver shall not be construed to be a modlflcallon of the terms of this Contract unless stated to be such in
writing and signed by Authorized RepreSentative of COMMERCE.
. .
COMMERCE I Local Government Grant Contract for F~eraJ Funds
11
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ATTACHMENT B
STATE AND FEDERAL
REQUIREMENTS ANO ASSURANCES
In addition to laws listed in the general termS and conditions of this Contract, the Contractor
aSSl,.(res compllance with the following regulations as thElY pertain to the local projE!Cl
Contact the State if you want assIstance In obtaining a copy of these rrtlti1atiorts:
FEDERAL
A. HOUSING AND COMMUNITY DEVELOPMENT
1. Public Law 90-284, Title VIII of the Civil. RlghtsAct of 196~, 42 U.S.C. 3601 at seq.,
commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing
Amendments Act of 1988 (P.L 100-4~O) .
2. Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107)
3. The Housing and Community Development Act of 1974, as amended through 1992:
Sections 109; 104 (b) 4; 104 (Gl); and 104(1), which prohibit discrimination and require
Identification of hOUSing and community development needs; a "residential anti-
displacement and relocation assistance plan"; and aqoption and enforcement of policies
prohibiting the. use of excessive force.
4. Title II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 19.70. 42 U.S.C. 4630, as amended in 1989). and implementing
rE!gulations at 49 CFR part 24
6. Trtle IV of the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4831 b
B.LABOR
1. Davis-Bacon Act, as amended, 40 U.S.C. .3141 et seq~
1. prOhibition of Use of (fDBG for Job-Pirating Activities, 24 CFR Part 57Q.482(f), revilled
June 2006 . . .
C. ENVIRONMENTAL AND CULTU~L
1. The National Envlronmental PQlicy Act of 1969 (NEPA), 42 U.S.C. Section 4321 et seq.i
~nd HUD's Implementing fE!9ulations at 24 CFR parts 58 .. .
2. The Clean Air Act, as amended, 42 U.S.C. 7401.etseq.. .
3. HUD ErlvlronmentalGriteria and. standards (24 CFR Part 51).
4. Executive Order 11990, May 24,1977, as amended by Executive Order 11000:
Protection of Wetlands, 42 FR 26961 et seq.
5. The Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. 1271 etseq.
6. Executive Order 11988, May 24, 1977: Floodplain Management and Wetland.
Protection, 42 FR 26951 et seq,
7. Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451et seq.
8. The Endangered Species Actoi1973, as am~nded, 16 U:S,C. 1531 et seq. .
9. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic
. . Preservation Act of 1974,16 U.S..CA69 efseq. .
10. The Safe DrinkingyVaterAct of 1974, <IS amendecl. 42 Y:~:C.39Of at seq.. 21'U.S.C.
349, as amen~ed, and 40 CFR Part 149 (Environmental Protection Agency);
11. The Federal Water Pollution Control Act of 1972, as amended, including the Clean ','
Water Act of 1977, Public Law 92-212,33 U.S.C. Section.1251 etseq.
12. The Solid Waste Disppsal Act, as amended by the Resource Conservation and
, Recovery Act of 1976,42 U.S.C: Section 6901 at seq." ,
13. The Fish'and Wildlife Coordination Act of 1958, as amencWd, 16 U,S.C. 'S6cti0l'l661 et
seq,
14. The National Historic Preservation Act of 1966,16 U.S.C. 470
15. The Archaeological and Historical Data Preservation Actuf 1974, 16 U.S.C. 469Sf1 et
seq.
16. executive Order 11593, Protection and Enhancement of the Cull:uralEnvironment, May
13, 1971
17. Farmland Protection PoliCy Act of 1981, 7 U.S.C.4201 et seq., and? CFR Part 658
18. Environmental Justice (Executive Order 12898), as amended by Executive Order 12$48
19. Explosive and Flammable operations (Section 2' of the Housing Act of 1949, as
amended, 42 U.S.C. 1441; Section 7(d) of the Dept HUD Act of 1965, 42 U.S.C.
3535(d); Section 2 of the Housing and Urban Development Act of 1969, 42 U.S.C.
1441(a); and 24 CFR Part 51 SUbpart C)' '
20: AIrpOrt Clear Zones and Accident Potential ZOnas (Section .2 of the Housing f\ct 01194S'"
as amended, 42 U.S.C. 1441), affirmed by Section 2 of the Housing and Urban
Development Act of 1969, P.L No 90448, Section 7(d) of the pept HUP,Act of 196!},
42 U.S.C. 3535(d), and 24 CFR Part 51 Subpart D '.',
21~,TOXlc Chemicals and 'Radioactlve' Ma.terials (ComprehenSIVe Environmental RespOrlse,
Compensation, and liabilitY Act of 1980 as amended bySupEltfuhd Amendmehts and
Reauthorization Act and 24 CFR 58.5(i)) " '
-.. .
. . ..' .', .
22. Determining Conformity of FederalACtlons to State or Federal Implementation Plans
, (Environmental ProtectionAgency'~40CFRParts 6; S1, ,and, 93)
,,- "
-'" '
'.,
.:.
STATE
1. Relocation Assistance. and Real Property Acquisition Policy, Chapter 8.26 RCW
2. Pre\(ailing Wages on Public Works, Chapter 39.12 RCW
3. . State Environmental Polley Act (SEPA), Chapter 43.21 C RCW
4. State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter
19.27 A RCW; and Provisions in Buildings for Aged and Handicapped Persons, Chapter
70.92 RCW .
5. Interiocal Cooperation Act, Chapter 39.34 RCW
6. State Environmental Policy Act (SEPA), Chapter 43.21(C) RCW
7. Noise Control, Chapter 70.107 RCW
8. Shoreline Management Act of 1971, Chapter 90.58 RCW
9. Governor's Executive Order 89-10, December 11, 1989: Protection of Wetlands, and
. Governor's Executive Order 90-04, April 21, 19~O: Protection of Wetlands