HomeMy WebLinkAboutWashington State Department of Commerce - 0627161. _k ?63�5.
Grant Contract with:
For:
Jefferson County
Through
Community Development Block Grant (CDBG) Program
Public Services Grant
Public services through Olympic Community Action Program to low -
and moderate -income persons in Jefferson and Clallam Counties.
Start date: 7/1/2016
Washington State Department of Commerce
www.COMMERCE.wa.gov
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TABLE OF CONTENTS
FaceSheet.....................................................................................................................
1
SpecialTerms
and Conditions........................................................................................
3
1.
Definitions.................................................................................................3
2.
Acknowledgement of Federal Funding .....................................................
3
3.
Acquisition and Disposition of Assets .......................................................
3
4.
Billing Procedures and Payment..............................................................
3
5.
Closeout..................................................................................................
4
6.
Compensation..........................................................................................
4
7.
Environmental Review.............................................................................
4
8.
Grant Management..................................................................................
5
9.
Historical or Cultural Artifacts...................................................................
5
10.
Insurance.................................................................................................
5
11.
Performance Reporting............................................................................
6
12.
Program Income......................................................................................6
13.
Subcontracts for Engineering Services ....................................................
6
14.
Order of Precedence...............................................................................
6
General Terms and Conditions.......................................................................................
7
1.
Definitions...............................................................................................
7
2.
Access to Data........................................................................................
7
3.
Administrative Cost Allocation.................................................................
7
4.
Advance Payments Prohibited.................................................................
7
5.
All Writings Contained Herein..................................................................
8
6.
Amendments...........................................................................................
8
7.
Americans with Disabilities Act (ADA) of 1990, Public Law 101-336,
also referred to as the "ADA" 28 CFR Part 35 ..........................................
8
8.
Assignment..............................................................................................8
9.
Attorney's Fees.......................................................................................
8
10.
Audit........................................................................................................8
11.
Certification Regarding Debarment, Suspension or ineligibility and
Voluntary Exclusion - Primary and Lower Tier Covered Transactions .....
9
12.
Code Requirements...............................................................................
10
13.
Confidentiality/Safeguarding of Information ...........................................
10
14.
Conflict of Interest..................................................................................
10
15.
Copyright Provisions..............................................................................
11
16.
Disputes................................................................................................
11
17.
Duplicate Payment................................................................................
11
18.
Governing Law and Venue....................................................................
11
19.
Indemnification......................................................................................
12
20.
Independent Capacity of the Contractor ................................................
12
21.
Indirect Costs........................................................................................
12
22.
Industrial Insurance Coverage.......................................I........................
12
23.
Laws......................................................................................................
12
24.
Licensing, Accreditation and Registration ..............................................
14
25.
Limitation of Authority............................................................................
14
26.
Noncompliance with Nondiscrimination Laws ........................................
14
27.
Notification of Tenant Rights/Responsibilities........................................
14
28.
Political Activities...................................................................................
15
29.
Prevailing Wage Law.............................................................................
15
30.
Procurement Standards for Federally Funded Programs .......................
15
31.
Prohibition Against Payment of Bonus or Commission ..........................
16
32.
Publicity.................................................................................................16
33.
Recapture..............................................................................................16
34.
Records Maintenance............................................................................
16
35.
Registration with Department of Revenue .............................................
16
36.
Right of Inspection.................................................................................
16
37.
Savings.................................................................................................
16
38.
Severability............................................................................................17
39.
Subgranting/Subcontracting..................................................................
17
40.
Survival.................................................................................................17
41.
Taxes....................................................................................................
17
42.
Termination for Cause...........................................................................
17
43.
Termination for Convenience.................................................................
17
44.
Termination Procedures........................................................................
18
45.
Waiver...................................................................................................18
Attachment A, Scope of Work and Budget
Attachment B, State and Federal Requirements and Assurances
Attachment C, Letter to Incur Costs (if applicable)
FACE SHEET
Contract Number: 16-62210-007
Washington State Department of Commerce
Local Government Division
Community Development Block Grant (CDBG) Program
Public Services Grant
1. Grantee
2. Grantee Doing Business As (optional)
Jefferson County
N/A
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
3. Grantee Representative
4. COMMERCE Representative
Rose Ann Carroll, Auditor
Laurie Dschaak, Project Manager PO Box 42525
Phone: (360) 385-9118
Phone: (360) 725-5020 1011 Plum Street S.E.
Fax: (360) 385-9383
Fax: (360) 586-8440 Olympia, WA 98504
Email: racarroll@co.jefferson.wa.us
Email: laurie.dschaak@commerce.wa.gov
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$100,269
Federal: ® Stater ❑ Other: ❑ N/A: ❑
7/1/2016
6/30/2017
9. Federal Funds (as applicable) Federal Agency: CFDA Number: Indirect Rate (if
$100,269applicable):
U.S. Department of Housing & 14.228
Urban Development (HUD) N/A
10. Tax ID #
11. SWV #
12. UBI #
13. DUNS #
91-6001322 J
0002430-28
1 N/A
17-927-8197
14. Grant Purpose
Public services through Olympic Community Action Program to low- and moderate -income persons in Jefferson and Clallam
Counties. A full description of the project is in Attachment "A" Scope of Work and Budget.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment "A" — Scope of Work and Budget, Attachment `B"— State and
Federal Requirements and Assurances, Attachment "C" — Letter to Incur Costs (if applicable), and the following documents
incorporated herein by reference: Grantee's application for funding and the Community Development Block Grant policies and
procedures, prepared by Commerce.
FOR GRANTEE
FOR COMMERCE
/��A&0/n IVK�
4 M
Kathleen Kler, Chairman
--i
1,
Mark It. Barkley, Asistant Director
Jefferson County Commissioners
Local Government D Ivision
Date
Date
Approved to form only
APPROVED AS TO FORM ONLY
Cl��
Sandra C. Adix, Assistant Attorney General (Signature on File)
Jefferson Co. Prosec or's Office
Date: MU 5, 2016
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1. DEFINITIONS
A. "Contractor' and "Grantee" in this Grant, and the term "subrecipient" found in the federal
Community Development Block Grant (CDBG) rules and regulations, shall mean the same.
B. "Low- and moderate -income" shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size.
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Identification Number (FAIN): B -16 -DC -53-001
Total amount of federal award B -16 -DC -53-001 to Commerce: $11,319,386
Total amount of B -16 -DC -53-001 awarded to Grantee under this Grant is set forth in the Face
Sheet at #5, Grant Amount.
Federal Award Date: To be determined.
Awarding Federal official: To be determined.
Federal Award Date and Awarding Federal Official will be stated in a cover letter from
Commerce that will accompany a copy of the fully executed Grant provided to Grantee.
Funds distributed through this Grant are subject to CDBG regulations in 24 CFR Part 570.
The Grantee agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in
whole or in part with federal funds under this Grant, shall contain the following statements:
"This project was supported by Grant No. B -16 -DC -53-001 awarded by the U.S. Department
of Housing and Urban Development (HUD). Points of view in this document are those of the
author and do not necessarily represent the official position or policies of HUD. Grant funds
are administered by the Community Development Block Grant Program, Washington State
Department of Commerce."
3. ACQUISITION AND DISPOSITION OF ASSETS
The Grantee will account for any tangible personal property acquired or improved with this Grant
The use and disposition of real property and equipment under this Grant will be in compliance with
the requirements of all applicable federal law and regulation, including but not limited to 2 CFR 200
and 24 CFR Part 570.489,570.502,570.503,570.504, and 570.505 as applicable, which include but
are not limited to the following:
Real property that was acquired or improved, in whole or in part, with funds under this Grant in
excess of $25,000 shall be used to meet one of the CDBG national objectives for ten (10) years after
the Grant is closed. Any exception must be made with COMMERCE approval and the Grantee will
be responsible to pay COMMERCE an amount equal to the current fair market value of the property
less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or
improvement to the property. Such payment from the disposition of real property acquired with this
Grant within ten (10) years of closeout of the Grant shall be treated as CDBG Program Income.
In cases in which equipment acquired in whole or in part with funds under this Grant is sold, the
proceeds will be CDBG Program Income.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of work provided and receipt of properly completed
invoices, which shall be submitted to the COMMERCE Representative on a Washington State Invoice
Voucher form not more than monthly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, progress of the project, and fees. The invoice shall include the Contract Number
identified on the Face Sheet of this Grant. If expenses are invoiced, provide a detailed breakdown of
each type. A receipt 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 Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant, including completion of the Environmental Review and the release of funds (if applicable).
No payments in advance or in anticipation of services or supplies to be provided under this Grant
shall be made by COMMERCE.
COMMERCE shall not release the final five (5) percent of the total grant amount until acceptance by
COMMERCE of project completion.
5. CLOSEOUT
COMMERCE will advise the Grantee to initiate closeout procedures when there are no impediments
to closing and the following criteria have been met or soon will be met:
A. All costs have been incurred with the exception of closeout costs and any unsettled third -party
claims against the Grantee. Costs are incurred when goods and services are received or contract
work is performed.
B. The Grantee has held a public hearing to review program performance.
C. The Grantee has submitted the final Closeout Performance Report. Failure to submit a report will
not preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest. Any
excess grant amount in the Grantee's possession shall be returned in the event of failure to finish
or update the report.
D. Other responsibilities of the Grantee under this Grant and applicable laws and regulations appear
to have been carried out satisfactorily or there is no further state interest in keeping this Grant
open for the purpose of securing performance.
6. COMPENSATION
COMMERCE shall pay an amount not to exceed the amount identified on the Face Sheet of this
Grant for the performance of all things necessary for or incidental to the performance of work as set
forth in Attachment A, Scope of Work and Budget incorporated herein, and by reference the
Grantee's application for funding.
Grantee shall receive reimbursement for travel and other expenses as authorized in advance by
COMMERCE as reimbursable. Grantee shall receive compensation for travel expenses at current
state travel reimbursement rates
7. ENVIRONMENTAL REVIEW
General Purpose, Housing Enhancement, and Economic Opportunity Grants
Funding in excess of the amount stipulated in Attachment C, Letter to Incur Costs, shall not be
released to a Grantee by COMMERCE until the following conditions implementing 24 CFR part 58
are met:
A. The Grantee must complete an environmental review of the project and make a finding of
environmental impact. A notice.of this finding must be published along with a notice of the
Grantee's intent to request release of funds for the project unless the project is exempt from the
publication requirements as described. The Grantee 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 Environmental Policy
Act (SEPA). When this review and comment period expires, the Grantee may, after considering
any comments received, submit a request for release of funds to COMMERCE. Upon receipt of
the request, COMMERCE must allow a fifteen (15) day period for public review and comment.
When COMMERCE's public review and comment period expires, COMMERCE may, after
considering any comments received, formally notify the Grantee in writing of the release of
federal funds for the project.
B. This special condition is satisfied when the Grantee completes the environmental review and
request for release of funds from COMMERCE. The special condition is effectively removed on
the date COMMERCE provides the Grantee with written notice of release of funds.
4
Imminent Threat Grants
Funding shall not be released to an Imminent Threat Grant recipient until the following conditions are
met: The Grantee assures that assisted activities are for temporary or permanent improvements
limited to the protection, repair or arrest of imminent threats to public health and safety or physical
deterioration. The Grantee 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
Grantee assures it will document, in writing, its NEPA determination that each activity or project is
exempt and meets the conditions specified for such exemption under 24 CFR 58.34 of 24 CFR,
Environmental Review Procedures, for Title I CDBG Programs. In cases where Grantees must take
action immediately, or within a time too short to allow full SEPA compliance, to avoid an imminent
threat to public health or safety, to prevent an imminent danger to public or private property, or to
prevent an immediate threat of serious environmental degradation, such actions are exempt from
SEPA pursuant to WAC 197-11-880.
Planning -Only Activities 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 Grantee assures that assisted activities are exempt under NEPA (24 CFR
58.34(a)) and categorically exempt under SEPA (RCW 43.21 C). The Grantee further assures that the
activities do not come under the purview of any other federal, state, and known local environmental
laws, statutes, regulations or executive orders. In addition, the Grantee assures it will document, in
writing, its determination.
8. GRANT MANAGEMENT
The Representative and contact information identified on the Face Sheet of this Grant for each of the
parties shall be responsible for and shall be the contact person for all communications and billings
regarding the performance of this Grant.
9. HISTORICAL OR CULTURAL ARTIFACTS, HUMAN REMAINS
In the event that historical or cultural artifacts are discovered at the project site during construction or
rehabilitation, the Grantee shall immediately stop construction and notify the local historical
preservation officer and the state historic preservation officer at the Department of Archaeology and
Historic Preservation (DAHP) at (360) 586-3065. If human remains are discovered, the Grantee shall
stop work, report the presence and location of the remains to the coroner and local law enforcement
immediately, and contact DAHP and the concerned tribe's cultural staff or committee.
10. INSURANCE
All self-insured risk management programs or self-insured/liability pool financial reports must comply
with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards
promulgated by:
i. Governmental Accounting Standards Board (GASB),
ii. Financial Accounting Standards Board (FASB), and
iii. The Washington State Auditor's annual instructions for financial reporting.
Grantees participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The State of Washington, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
Unemployment and Industrial Insurance. The Grantee shall be in full compliance with all state
unemployment and industrial insurance laws while performing work under this Contract. Commerce
will not be responsible for payment of industrial insurance premiums or for any other claim or benefit
for the Grantee, or any subcontractor or employee of the Grantee, which might arise under the
industrial insurance laws during performance of this Contract.
Protection of Project Property, Grantee's Assumption of Risk. The Grantee shall continuously
maintain adequate protection of all the project work from damage and shall protect the property from
injury or loss arising in connection with this Contract. The entire work of the Grantee shall be at the
sole risk of the Grantee. The Grantee 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
Grantee shall take all necessary precautions for the safety of its employees working on the project,
and shall comply with 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.
11. PERFORMANCE REPORTING
The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic
progress and performance reports pertaining to the activities undertaken pursuant to this Contract.
These reports may include environmental review records, publication affidavits, procurement and
contracting records, documentation of compliance with federal civil rights requirements, job creation
records, program income reports, reports of the costs and obligations incurred in connection
therewith, the final closeout report, and any other matters covered by this Contract. Activities funded
by this Contract providing income -qualified direct assistance or direct services under the limited
clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary
reports as furnished by COMMERCE. Failure to submit these reports may result in COMMERCE
withholding payment or terminating this Contract.
12. PROGRAM INCOME
Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before
drawing additional CDBG funds to complete activities included in the Scope of Work and Budget. The
Grantee must maintain records of program income received and expended, and annually report
program income received after closeout of this Grant. Program Income shall be used to continue the
same activities to benefit low- and moderate -income persons or, with COMMERCE approval, for
other activities to benefit low- and moderate -income persons. Interest earned in excess of $100 on
CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the
U.S. Treasury.
13. 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 Grantee
shall require that engineering services providers be covered by errors and omissions insurance. The
engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all
activities by the engineering firm and licensed staff employed or under contract to the engineering
firm. The state of Washington, its agents, officers, and employees need not be named as additional
insureds under this policy.
14. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, 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 and Budget
• Grantee's application for funding and the Community Development Block Grant policies and
procedures, prepared by Commerce as incorporated by reference on the Face Sheet
H.
GENERAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" 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
Grant, and shall include all employees and agents of the Grantee.
E. "Modified Total Direct Costs (MTDC" shall mean all direct salaries and wages, applicable fringe
benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward
(regardless of the period of performance of the subawards under the award). MTDC excludes
equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each subaward in
excess of $25,000.
F. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
G. "State" shall mean the state of Washington.
H. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Grant under a separate Grant with the Grantee.
The terms "subgrantee/subcontractor" refers to any tier.
I. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
J. "Vendor' is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the Grantee's reports, including computer models and the
methodology for those models.
3. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Special Terms and Conditions.
Administrative services shared by other programs shall be assigned to this Grant based on an
allocation plan that reflects allowable administrative costs that support services provided under each
Grant administered by the Grantee. An approved current federal indirect cost rate may be applied up
to the maximum administrative budget allowed.
4. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
5. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
6. AMENDMENTS
This Grant 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.
7. 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.
8. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE.
9. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
10. AUDIT
A. General Requirements
Grantees are to procure audit services based on the following guidelines.
The Grantee shall maintain its records and accounts so as to facilitate audits and shall ensure
that Subgrantee/subcontractors also maintain auditable records.
The Grantee is responsible for any audit exceptions incurred by its own organization or that of its
Subgrantee/subcontractors.
COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Grantee must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. Federal Funds Requirements — 2 CFR Part 200
Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in
federal funds from all sources, direct and indirect, are required to have an audit conducted in
accordance with 2 CFR Part 200 Subpart F. For fiscal years beginning prior to December 26,
2014, Grantees are required to have an audit conducted in accordance with Federal audit
requirements. When state funds are also to be paid under this Agreement a Schedule of State
Financial Assistance as well as the required schedule of Federal Expenditure must be included.
Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying contract numbers
Catalog of Federal Domestic Assistance (CFDA) number (if applicable)
Grantor contract number
Total award amount including amendments (total grant award)
Current year expenditures
If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct
the audit. Audits of non-profit organizations are to be conducted by a certified public accountant
selected by the Grantee in accordance with 2 CFR Part 200.
The Grantee shall include the above audit requirements in any subgrants/subcontracts.
In any case, the Grantee's financial records must be available for review by COMMERCE.
C. Documentation Requirements
The Grantee must send a copy of any required audit Reporting Package as described in 2 CFR,
Part 200 no later than nine (9) months after the end of the Grantee's fiscal year(s) by sending a
scanned copy to auditreview(c)-commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the Grantee must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
11. 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 that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. 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;
3. 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
4. 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
a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
contractor shall attach an explanation to 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
N
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
12. 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.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the Grantee that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant 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 Grant
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.
14. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or .other tribunal, COMMERCE
may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due
notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act,
Chapter 42.52 RCW; or any similar statute involving the Grantee in the procurement of, or
performance under this Grant.
Specific restrictions apply to contracting with current or former state employees pursuant to Chapter
42.52 RCW. The Grantee and their subgrantee(s) must identify any state of Washington employees
or former state employees employed or former state employees employed on the firm's governing
board during the past 24 months. Identify the individual by name, the agency previously or currently
employed by, job title or position held, and separation date. If is determined by COMMERCE that a
conflict of interest exists, the Grantee may be disqualified from further consideration for the award of
a Grant.
In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the
Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive
and are in addition to any other rights and remedies provided by law. The existence of facts upon
which COMMERCE makes any determination under this clause shall be an issue and may be
reviewed as provided in the "Disputes" clause of this Grant.
10
15. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, 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 Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall
have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee.
16. DISPUTES
Except as otherwise provided in this Grant, 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) Grant 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 Grant 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.
17. DUPLICATE PAYMENT
COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
18. GOVERNING LAW AND VENUE
This Grant 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.
11
19. 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 Grant. "Claim" as used in this Grant, 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 subgrantee/subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the
Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated
or reduced by any actual or alleged concurrent negligence of State or its agents, agencies,
employees and officials.
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.
20. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Grant. The
Grantee and its employees or agents performing under this Grant 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.
21. INDIRECT COSTS
The Grantee shall provide their indirect cost rate that has been negotiated between their entity and
the Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified
total direct costs (MTDC) will be used.
22. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. 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 Grant, 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.
23. 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, including, but not limited to:
United States Laws, Regulations and Circulars (Federal)
A. Audits
• 2 CFR Part 200.
B. Environmental Protection and Review
• Coastal Barrier Resources Act of 1982, 16 U.S.C. 3501 et seq.
• HUD's implementing regulations at 24 CFR parts 50 or 58, as appropriate.
• Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846 also 24 CFR 982.4010).
• National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. and the Implementing
Regulations of 24 CFR 58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality).
• Residential Lead -Based Paint Hazard Reduction Act of 1992, 42 USC 4851-4856.
C. Flood Plains
12
• Flood Disaster Protection Act of 1973, 42 USC 4001-4128.
D. Labor and Safety Standards
• Convict Labor, 18 U.S.C. 751, 752, 4081, 4082.
• Davis Bacon Act, 40 U.S.C. 276a -276a-5.
• Drug -Free Workplace Act of 1988, 41 USC 701 et seq.
• Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.
• Title IV of the Lead Based Paint Poisoning Prevention Act, 42 U.S.0 4831, 24 CFR Part 35.
• Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor
Regulations, 29 CFR Part 5.
E. Laws against Discrimination
• Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
• Americans with Disabilities Act of 1990, Public Law 101-336.
• Employment under Federal Contracts, Rehabilitation Act of 1973, Section 503, 29 U.S.C_
793.
• Equal Employment Opportunity, Executive Order. 11246, as amended by Executive Order
11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
• Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
• Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100.
• Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8.
• Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 U.S.C. 3601-19.
• Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631.
• Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551.
• Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a).
• Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42
U.S.C. 2002d et seq, 24 CFR Part 1.
• Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352.
• Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR
570.607(b)).
F. Office of Management and Budget Circulars
• 2 CFR
G. Other
• Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54.
• Governmental. Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal
Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989.
• Hatch Political Activity Act, 5 U.S.C. 1501-8.
• Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti -Lobbying
Amendment). 31 U.S.C. 1352 provides that Grantees who apply or bid for an award of
$100,000 or more must file the 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 agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C.
1352. Each tier must disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the recipient.
• Non -Supplanting Federal Funds.
H. Privacy
• Privacy Act of 1974, 5 U.S.C. 552a.
1. Relocation
• Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and
implementing regulations at 49 CFR part 24.
13
• Section 104(d) of the Housing and Community Development Act of 1974 and the
implementing regulations at 24 CFR part 570.
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (1).
B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264.
C. Disclosure -campaign finances -lobbying, Chapter 42.17A RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Housing assistance program, Chapter 43.185 RCW
G. Interlocal cooperation act, Chapter 39.34 RCW.
H. Noise control, Chapter 70.107 RCW.
I. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC.
J. Open public meetings act, Chapter 42.30 RCW.
K. Prevailing wages on public works, Chapter 39.12 RCW.
L. Public records act, Chapter 42.56 RCW.
M. Relocation assistance real property acquisition policy, Chapter 8.26 RCW.
N. Shoreline management act of 1971, Chapter 90.58 RCW.
O. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
P. State building code, Chapter 19.27 RCW and Energy-related building standards, Chapter 19.27A
RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW.
Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecology.
R. State environmental policy, Chapter 43.21 C RCW.
24. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
25. LIMITATION OF AUTHORITY
Only the Authorized Representative or the Authorized Representative's delegate by writing
(delegation 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 Grant. Furthermore, any alteration,
amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding
unless made in writing and signed by the Agent
26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
Grants with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure
this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set
forth herein.
27. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES
The Grantee shall provide all tenants, if any, with information outlining tenant rights and
responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of
Washington.
The Grantee shall also provide all occupants of property acquired with U.S. Department of Housing
and Urban Development (HUD) funds notice regarding their eligibility for relocation assistance. Such
14
notices will be provided 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 104(d) of the
Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and
noted in HUD's Handbook No. 1378. Notifications will include but not be limited to:
• General Information Notice
• Notice of Displacement/Non-Displacement
28. POLITICAL ACTIVITIES
Political activity of Grantee 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.
29. PREVAILING WAGE LAW
The Grantee certifies that all contractors and subcontractors performing work on the project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
project funded by this Grant, including but not limited to the filing of the "Statement of Intent to Pay
Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Grantee shall
maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE's review upon request.
30. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Grantee which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant.
A Grantee which is a nonprofit organization shall establish procurement policies in accordance with 2
CFR Part 200, for all purchases funded by this Grant.
The Grantee's procurement system should include at least the following:
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items.
b. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c. Positive efforts shall be made to use small and minority-owned businesses.
d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by
the Grantee, but must be appropriate for the particular procurement and for promoting the
best interest of the program involved.
e. Contracts shall be made only with reasonable subgrantees/subcontractors who possess
the potential ability to perform successfully under the terms and conditions of the
proposed procurement.
f. Some form of price or cost analysis should be performed in connection with every
procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained
h. A system for contract administration to ensure Grantee conformance with terms,
conditions and specifications of this Grant, and to ensure adequate and timely follow-up
of all purchases.
M
44. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this Grant as has been terminated. The provisions of the 'Treatment
of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE, and 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 Grant.
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 Grant.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and
subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. 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;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the Grant had been completed, would
have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
7. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which COMMERCE has or may acquire an interest.
45. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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4
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: June 27, 2016
SUBJECT: AGREEMENT NO. 16-62210-007: 2016/17 Community Development
Block Grant (CDBG) Public Services Grant for Olympic Community
Action Programs (OlyCAP); In the Amount of $100,269; Jefferson County
Administrator; Washington State Department of Commerce
STATEMENT OF ISSUE:
AGREEMENT NO. 16-62210-007: 2016/17 Community Development Block Grant (CDBG) Public
Services Grant for Olympic Community Action Programs (OlyCAP); In the Amount of $100,269; Jefferson
County Administrator; Washington State Department of Commerce
A hearing was held on March 21, 2016 to take comments on the proposed CDBG Public Services Grant. At
that hearing the Board approved Resolution No. 11-16 Certification of Compliance for CDBG Public
Services Grant (OlyCAP).
RECOMMENDATION:
Approve AGREEMENT NO. 16-62210-007: 2016/17 Community Development Block Grant (CDBG)
Public Services Grant for Olympic Community Action Programs (OlyCAP); In the Amount of $100,269;
Jefferson County Administrator; Washington State Department of Commerce
REVIEWED BY:
Zi Orley ty Admi 'strator Date
CONTRACT REVIEW FORM
CONTRACT WITH: Washington State Department of Commerce
(Contractor)
CONTRACT FOR: 201W7 CDBG Public Services Grant for OlyCAP TERM:
COUNTY DEPARTMENT: County Administrator
For More Information Contact: Philip Morley
Contact Phone #: ext. 383
RETURN TO: BOCC Staff
in
IRAfl111_4►1y .XXII&
Ends 6/30/17
AMOUNT: .$100,269.00 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY 1
Review by:
Date Revieweu.
APPROVED FORM
Comments:
Returned for revision (See comments)
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: �ILYA f 9 Z�l AIL,4
Date Reviewed: 20
conen
AS TO FORM Returned for revision (See comments)
ents:
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign. JUN 16 2016
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Mon da.
PROSEC TING COUNTY
(This form to stay with contract throughout the contract review process.) ATTORNEY
o,,5STAT
1 A. O
U164
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000
www.commerce.wa.gov
May 20, 2016
MAY 2 6 2016
Mr. Philip Morley
Jefferson County Administrator
PO Box 1220
Port Townsend, WA 98368
Dear Mr. Morley:
I am pleased to inform you that Jefferson County is awarded $100,269 in Community Development Block
Grant (CDBG) funds for public services to be provided by Olympic Community Action Programs. Funding is
contingent upon the state's receipt of its 2016 annual award from the U.S. Department of Housing and Urban
Development.
This letter allows you to begin incurring costs not to exceed ten percent of your award as of July 1, 2016 for
eligible administrative and public services activities prior to execution of the grant contract between the
county and Commerce. Eligible costs will be reimbursed by Commerce after the grant contract is executed.
All costs to be reimbursed must comply with applicable state and federal requirements.
Enclosed are two original copies of the county's 2016 CDBG Public Services Grant contract with Commerce.
Both copies of the original contract'must be signed and dated by the official who is authorized in your
jurisdiction to enter into such agreements. Once signed and dated, these documents must be returned to us.
When the contracts are signed by Commerce we will return a fully executed copy to you for your records.
Remember your current CDBG Public Services Grant, including the funds for county administration costs,
must be spent by June 30, 2016. We must receive the final reimbursement request by July 15, 2016.
Please contact Laurie Dschaak at (360) 725-5020 or laurie.dschaak@commerce.wa.gov if you have any
questions regarding the enclosed contracts.
Sincerely,
4�6�
rk K. B rkle
Assistant Direct r
Enclosures
cc via email: Rose Ann Carroll, Grant Coordinator, Jefferson County
Dale Wilson, Executive Director, Olympic Community Action Programs
STATg
y"
p 0
y� 1899
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000
www.commerce.wa.gov
August 3, 2016
The Honorable Kathleen Kler, Chairman
Jefferson County Commissioner
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Re: Community Development Block Grant (CDBG) Contract Number 16-62210-007
Dear Commissioner Kler:
Enclosed is a fully signed contract for Jefferson County's 2016 CDBG Public Services Grant.
Also enclosed is the Contract Data Sheet which includes:
• Specific contract line item detail for A-19 Payment Requests
• My contact information
• Contact information for your office
Please notify me if the person listed on the Contract Data Sheet from your office has changed so we
can update our records. Feel free to contact me if you have any questions about these documents. I
look forward to working with Jefferson County on this project.
Sincerely,
Laurie Dschaak
CDBG Project Manager
Enclosures
cc via email: Ann Corroll, Auditor
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT DATA SHEET
iurisdiction Jefferson County
Contract
16-62210-007
End Date 06/30/2017
Last Name:
Number
Address:
PO Box 1220
BRIEF PROJECT SUMMARY
Port Townsend
Public services through Olympic Community Action Program to low- and moderate -income persons in Jefferson and Clallam Counties.
WA
CONTRACT LINE ITEM DETAIL
98368
HUD IDIS HUD IDIS
racarroll@co.jefferson.wa.us;
Phone Number:
PROJECT ACTIVITY
LINE NATIONAL
DOLLAR
GRANTEE NUMBER NUMBER
ITEM OBJECTIVE ACTIVITY TITLE
AMOUNT
efferson County 2016-0013 7431
05 LMC Public Services (General)
$96,769.00
2016-0013 7432
21A Imc General Program Administration
$3,500.00
Total Contract Amount
$100,269.00
CDBG Project Manager
Listed below is your CDBG Project Manager with their phone number and email address. You will be informed if your Project Manager
changes.
Laurie Dschaak (360) 725-5020 laurie.dschaak@commerce.wa.gov
Jefferson County CDBG Contact Person
This is the contact person identified for your jurisdiction in your CDBG application. All information requests 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 your
project manager or note changes on this sheet and mail us a copy so we can keep our database updated.
Current Database Information
First Name:
Rose Ann
Last Name:
Carroll
Address:
PO Box 1220
City:
Port Townsend
State:
WA
Postal Code:
98368
Email Address:
racarroll@co.jefferson.wa.us;
Phone Number:
(360) 385-9121