HomeMy WebLinkAbout090418_ca06 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:
SUBJECT: AGREEMENT, Subrecipient re: 2018/19 Community Development Block
Grant(CDBG) Public Services Grant; In the Amount of$103,958;
Jefferson County Administrator; Olympic Community Action Program
(OIyCAP)
STATEMENT OF ISSUE:
For several years, Jefferson County has received and administered the Washington State Department of
Commerce's Community Development Block Grant(CDBG). The BOCC also approved a contract between
Department of Commerce and Jefferson County to fund public services for low to moderate income
individuals and families in Jefferson County.
Jefferson County has historically contracted with Olympic Community Action Programs (OIyCAP) as the
Subrecipient who provides the serve directly to the public. This new agreement covers the grant period of
July 1, 2018 to June 30, 2019.
FISCAL IMPACT:
The agreement provides $100,458 to go to Subrecipient for public service program costs. In addition to that
amount, Jefferson County will receive $3,500 for grant administration.
RECOMMENDATION:
Approve Subrecipient agreement with Olympic Community Action Program (OIyCAP).
REVIE D BY:
a edir Y47
orley, Administr tor Date
SUBRECIPIENT AGREEMENT FOR CDBG PUBLIC SERVICES
BETWEEN
JEFFERSON COUNTY AND OLYMPIC COMMUNITY ACTION PROGRAMS (OLYCAP)
This Agreement is made between Jefferson County(herein called the Local Government)and Olympic Community
Action Programs(herein called Subrecipient)for the public services project(herein called the Project).
As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and
Urban Development (HUD)to provide funds to units of local government selected to undertake and carry out projects
under the Washington State Community Development Block Grant(CDBG) Program in compliance with all applicable
local, state,and federal laws, regulations and policies; and
As the Local Government has applied for and received a CDBG award, contract number 18-62210-007,to fund the
Project with Federal Award Identification Number B-18-DC-53-0001;and
As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of
the local CDBG project;
The parties agree that:
1. SCOPE OF SERVICES
A. Local Government Responsibilities
The Local Government is responsible for administration of the CDBG contract,and ensuring CDBG funds are used
in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce
referenced above.The Local Government will provide such assistance and guidance to the Subrecipient as may be
required to accomplish the objectives and conditions set forth in this Agreement.
B. Subrecipient Responsibilities
The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the
tasks as described in the attached Scope of Work and Budget to accomplish the objectives of the Project.The
Subrecipient will periodically meet with the Local Government to review the status of these tasks.
2. TIME OF PERFORMANCE
The effective date of this Agreement will be the date the parties sign and complete execution of this agreement
and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other
CDBG assets. The end date for performance of their obligations under this agreement shall be June 30, 2019.
3. AGREEMENT REPRESENTATIVES
Each party to this Agreement shall have a representative. Each party may change its representative upon providing
written notice to the other party.The parties' representatives are as follows:
A. Subrecipient:
Name of Representative: Dale Wilson
Title: Executive Director
Mailing Address: 823 Commerce Loop
City, State and Zip Code: Port Townsend,WA 98368
Telephone Number: (360)385-2571
Fax: (360)385-5185
E-mail Address: dwilson@olycap.org
B. Local Government :
Name of Representative: Philip Morley
Title: County Administrator
Mailing Address: PO Box 1220
City,State and Zip Code: Port Townsend,WA 98368
Telephone Number: (360)385-9100
Fax Number: (360)385-9382
E-mail Address: pmorley@co.jefferson.wa.us
4. BUDGET
The total grant award is$103,958. The Local Government will retain $3,500 for grant administration and will pass
through to the Subrecipient no more than $100,458 in CDBG funds of the total for eligible incurred costs and
expenses for the Project. The Subrecipient shall follow the budget approved by Commerce and the Local
Government and attached to this Agreement(Attachment A). The Local Government may require a more detailed
budget breakdown, and the Subrecipient shall provide such supplementary budget information in a timely fashion
in the form and content prescribed by the Local Government.
Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant,the Subrecipient 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.
"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, and rental
costs.
Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent
with its CDBG contract with Commerce and then approved in writing by the Local Government and the
Subrecipient.
5. PAYMENT
The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in
the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the
parties to complete the Scope of Service.
Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs
actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of
actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available
under this Agreement will be utilized to supplement rather than supplant funds otherwise available.
It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State
CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally
associated with federally-funded programs and any other requirements that the State may prescribe.
6. PERFORMANCE MONITORING
The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing
payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance
with CDBG requirements,and ensuring recordkeeping and audit requirements are met. Substandard performance
as determined by the Local Government will constitute noncompliance with this Agreement.
If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of
time after being notified by the Local Government,contract suspension or termination procedures will be
initiated.
7. SPECIAL CONDITIONS
In addition to the requirements and obligations imposed upon the Subrecipient by Section 7F below,the parties
agree the following requirements and obligations with respect to insurance are made part of this Agreement and
apply to the Subrecipient and where applicable,the County:
The Subrecipient shall obtain and keep in force during the terms of the Agreement, policies of insurance as
follows:
Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all
owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit
of not less than$500,000 each occurrence with the County named as an additional insured in connection with
the Subrecipient's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million dollars
($1,000,000) per occurrence and an aggregate of not less than two (2)times the occurrence amount($2,000,000
minimum)for bodily injury, including death and property damage, unless greater amount is specified in the
contract specifications. The insurance coverage shall contain no limitation on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and Subcontractors;
f. Blanket Contractual Liability
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance
* Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Certificates of coverage as required by this section shall be delivered to the County within fifteen (15)days of
execution of this agreement.
The Subrecipient shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be
subject to all of the requirements stated herein.
Failure of the Subrecipient to take out and/or maintain any required insurance shall not relieve the Subrecipient
from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or
otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the parties that the insurance
policies so affected shall protect both parties and be primary coverage for any and all losses covered by the
above described insurance. It is further agreed by the parties that insurance companies issuing the policy or
policies shall have no recourse against the County(including its employees and other agents and agencies)for
payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that
any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of
the Subrecipient.
It is agreed by the parties that judgements for which the County may be liable, in excess of insured amounts
provided herein,or any portion thereof, may be withheld from payment due,or to become due,to the
Subrecipient until such time as the Subrecipient shall furnish additional security covering such judgement as may
be determined by the County.
The County reserves the right to request additional insurance on an individual basis for extra hazardous
contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch.
48.62 RCW shall be non-contributory with respect to any policy of insurance the Subrecipient must provide to
comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured"to a policy obtained by the
Subrecipient refers to an endorsement(by number or name) but does not provide the full text of that
endorsement,then it shall be the obligation of the Subrecipient to obtain the full text of that endorsement and
forward that full text to the County.
The County may, upon the Subrecipient's failure to comply with all provisions of this contract relating to
insurance,withhold payment or compensation that would otherwise be due to the Subrecipient.
8. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with:
• The requirements of Title 24 of the Code of Federal regulations, 570(HUD regulations concerning
CDBG); and
• All other applicable Federal,State and Local laws, regulations, and policies,governing the funds
provided under this Agreement.
B. CDBG National Objective
The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National
Objective defined in 24 CFR 570.208.
C. Independent Contractor
Nothing contained in this Agreement is intended to,or will be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Subrecipient will at all times
remain an "independent contractor"with respect to the services to be performed under this Agreement.
The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement,
life and/or medical insurance and Workers' Compensation Insurance,as the Subrecipient is an independent
contractor.
D. Hold Harmless
The Subrecipient will hold harmless,defend and indemnify the Local Government from any and all claims,
actions, suits,charges and judgments whatsoever that arise out of the Subrecipient's performance or
nonperformance of the services or subject matter called for in this Agreement.
E. Workers'Compensation
The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved
in the performance of this Agreement.
F. Insurance and Bonding
The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft,
fraud and/or undue physical damage,and as a minimum will purchase a blanket fidelity bond covering all
employees in an amount equal to cash advances from the Local Government. For purposes of commercial
general liability insurance (or similarly named insurance intended to insure Subrecipient against tort or
personal injury claims from or by third parties) "sufficient insurance" is deemed to mean insurance having a
liability cap in the amount of$1 million per occurrence,$2 million aggregate. Said commercial general
liability insurance shall be primary.
The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a
signed policy endorsement which shall clearly evidence all insurance required in this section prior to
commencement of services.The certificates will,at a minimum, list limits of liability and coverage.The
certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire
except on thirty(30)days prior written notice to the Local Government.
G. Funding Source Recognition
The Subrecipient will insure recognition of the roles of Commerce,the WA State CDBG program,and the
Local Government in providing services through this Agreement.All activities,facilities and items utilized
pursuant to this Agreement will be prominently labeled as to funding source. In addition,the Subrecipient
will include a reference to the support provided herein in all publications made possible with funds made
available under this Agreement.
H. Amendments
The Local Government or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,signed by a duly
authorized representative of each organization,and approved by the Local Government's governing body.
Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or
Subrecipient from its obligations under this Agreement.
I. Suspension or Termination
In accordance with 2 CFR 200.338-9,the Local Government may suspend or terminate this Agreement if the
Subrecipient materially fails to comply with any terms of this Agreement,which include (but are not limited
to)the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,or such statues,
regulations,executive orders, and HUD guidelines, policies or directives as may become applicable at
any time;
2. Failure,for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under
this Agreement.
3. Ineffective of improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in
any material respect.
In accordance with 2 CFR 200.339,this Agreement may also be terminated by either the Local Government
or the Subrecipient, in whole or in part, by setting forth the reasons for such termination,the effective date,
and, in the case of partial termination,the portion to be terminated. However,if in the case of a partial
termination,the Local Government determines that the remaining portion of the award will not accomplish
the purpose for which the award was made,the Local Government may terminate the award in its entirety.
9. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
2. Cost Principles
The Subrecipient will administer its program in conformance with 2 CFR 200.These principles will be
applied for all costs incurred whether charged on a direct or indirect basis.
3. Duplication of Costs
The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work
to be charged against any other contract,subcontract or other source.
B. Documentation and Record Keeping
1. Records to Be Maintained
The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR
570.506 that are pertinent to the activities to be funded under this Agreement and those records
described in the CDBG Management Handbook. Such records will include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of
the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of real property
acquired or improved with CDBG assistance;
e. Records documenting compliance with the civil rights components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333;
g. Labor standards records required to document compliance with the Davis Bacon Act,the
provisions of the Contract Work Hours and Safety Standards Act,and all other applicable
Federal,State and Local laws and regulations applicable to CDBG-funded construction projects;
and
h. Other records necessary to document compliance with Subpart K of 24 CFR 570.
2. Access to Records and Retention
The grantee,the Washington State Department of Commerce, and other authorized representatives of
the state and federal governments shall have access to any books,documents, papers and records of
the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit,
examination,excerpts and transcriptions.
All such records and all other records pertinent to this Agreement and work undertaken under this
Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local
Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In
such cases,the Local Government will request a longer period of record retention.
3. Audits and Inspections
All Subrecipient records with respect to any matters covered by this Agreement will be made available
to the Local Government,Commerce,and duly authorized officials of the state and federal government,
at any time during normal business hours, as often as deemed necessary,to audit, examine,and make
excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after
receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
The Subrecipient that expends$750,000 or more in a fiscal year in federal funds from all sources hereby
agrees to have an annual agency audit conducted in accordance with current Local Government policy
concerning Subrecipient audits and 2 CRF 200.501.The Catalog of Federal Domestic Assistance (CFDA)
number is 14.228.
C. Reporting
1. Program Income
The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a))generated by
activities carried out with CDBG funds made available under this Agreement.The use of program income
by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504.
2. Periodic Reports
The Subrecipient,at such times and in such forms as the Local Government may require,will furnish the
Local Government such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection
therewith, and any other matters covered by this Agreement.
D. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement will be in compliance with the
requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504,as applicable,which include but
are not limited to the following:
1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts
receivable attributable to the use of funds under this Agreement at the time of expiration,cancellation,
or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part,with
funds under this Agreement in excess of$25,000 will be used to meet one of the CDBG National
Objectives pursuant to 24 CFR 570.208 until ten (10)years after the contract between Commerce and
the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner
that meets a CDBG National Objective for this 10-year period of time,the Subrecipient will pay the Local
Government an amount equal to the current fair market value of the property less any portion of the
value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to,the
property after the CDBG program's approval. Such payment will constitute program income to the Local
Government.The Subrecipient may retain real property acquired or improved under this Agreement
after the expiration of the ten-year period.
3. In cases in which equipment acquired, in whole or in part,with funds under this Agreement is sold,the
proceeds will be program income. Equipment not needed by the Subrecipient for activities under this
Agreement will be (a)transferred to the Local Government for CDBG-eligible activities as approved by
the CDBG program or(b) retained after compensating the Local Government.
10. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Title VI of the Civil Rights Act of 1964:
Under Title VI of the Civil Rights Act of 1964, no person will,on the grounds of race, color,creed, religion,
sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Section 109 of the Housing and Community Development Act of 1974:
No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be
excluded from participation in, be denied benefits of,or be subjected to discrimination under any program
or activity funded in whole or in part with funds made available under this title.
Age Discrimination Act of 1975, as Amended
No person will be excluded from participation, denied program benefits,or subjected to discrimination on
the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.)
Section 504 of the Rehabilitation Act of 1973,as Amended
No otherwise qualified individual will,solely by reason or his or her disability, be excluded from participation
(including employment), denied program benefits,or subjected to discrimination under any program or
activity receiving Federal funds. (29 U.S.C. 794)
Public Law 101-336,Americans with Disabilities Act of 1990
Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability,
be excluded from participation in or be denied the benefits of the services, programs,or activities of a public
entity,or be subjected to discrimination by any such entity.
B. Section 3 of the Housing and Community Development Act of 1968
Compliance in the Provision of Training, Employment,and Business Opportunities:
1. The work to be performed under this agreement is on a project assisted under a program providing
direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u. Section 3 requires that to
the greatest extent feasible opportunities for training and employment be given lower-income residents
of the project area; and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part, by persons residing in the area of the
project.
2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth
in 24 CFR 135,and all applicable rules and orders of HUD and Commerce issued thereunder prior to the
execution of this contract.The parties to this contract certify and agree that they are under no
contractual or other disability that would prevent them from complying with these provisions.
3. The Subrecipient will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization or workers' representative of his commitments under this Section 3 clause and will
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the
project and will, at the direction of the applicant,or recipient of federal financial assistance,take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of HUD, 24 CFR 135.The Subrecipient will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation of regulations
under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these regulations.
5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135,and all applicable
rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract,will be
a condition of the federal financial assistance provided to the project, binding upon the applicant or
recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject
the applicant,or recipient, its consultants and subcontractors, its successors and assigned to those
sanctions specified by the grant or loan agreement or contract through which federal assistance is
provided,and to such sanctions as are specified by 24 CFR 135.
C. Conduct
1. Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without the prior written
consent of the Local Government thereto; provided, however,that claims for money due or to become
due to the Subrecipient from the Local Government under this contract may be assigned to a bank,trust
company,or other financial institution without such approval. Notice of any such assignment or transfer
will be furnished promptly to the Local Government and Commerce.
2. Conflict of Interest
No member of the Local Government's governing body and no other public official of such locality,who
exercises any functions or responsibilities in connection with the planning or carrying out of the project,
will have any personal financial interest, direct or indirect, in this Agreement;and the Subrecipient will
take appropriate steps to assure compliance.
The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611,which includes
maintaining a written code or standards of conduct that will govern the performance of its officers,
employees or agents engaged in the award and administration of contracts supported by Federal funds.
The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or
indirect, in the study area or any parcels therein or any other interest which would conflict in any
manner or degree with the performance of services hereunder.The Subrecipient further covenants that
in the performance of this Agreement, no person having such interest will be employed.
3. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Covered Transactions
a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is
presently debarred,suspended, proposed for debarment, declared ineligible,or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b. Where the lower tier contractor is unable to certify to any of the statements in this contract,such
contractor will attach an explanation to this contract.
c. The contractor further agrees by signing this contract that it will 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.
D. Copyright
If this Agreement results in any copyrightable material or inventions,the Local Government and/or
Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use,the work or materials for governmental purposes.
E. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently
religious activities prohibited by 24 CFR 570.200(j),such as worship, religious instruction,or proselytization.
11. SEVERABILITY
If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and
all other parts of this Agreement will nevertheless be in full force and effect.
12. PERFORMANCE WAIVER
The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act
with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any
right or provision will not constitute a waiver of such right or provision.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use
of funds received under this Agreement and it supersedes all prior communications and proposals,whether
electronic,oral,or written between the Local Government and the Subrecipient with respect to this Agreement.
Attachment A: Scope of Work and Budget
IN WITNESS WHEREOF,the Local Government and the Subrecipient have executed this Agreement as of the date and
year last written below.
Jefferson County Olympic Community Action Programs
By: By:
Title: David Sullivan, Chairman Title:
Date: Date:
Approved As To Form:
co. c. /
0,A
Philip C Hu suck r,Chief Civil Deputy Prosecuting Attorney Date
f
43 a
Department ofCoracoerce
N46
Grant Contract with:
Jefferson County
through
Community Development Block Grant (CDBG) Program
Public Services Grant
For:
Public services through Olympic Community Action Program to low-
and moderate-income persons in Jefferson and Clallam Counties.
Start date: 7/1/2018
Washington State Department of Commerce
www.COMMERCE.wa.gov
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
Face Sheet 1
Special Terms 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 5
12. Program Income 6
13. Subcontractor Data Collection 6
14. Subcontracts for Engineering Services 6
15. Order of Precedence 6
General Terms and Conditions 7
1. Definitions 7
2. Access to Data 7
3. Advance Payments Prohibited , 7
4. All Writings Contained Herein 7
5. Amendments 8
6. Americans with Disabilities Act (ADA) 8
7. Assignment 8
8. Attorney's Fees 8
9. Audit 8
10. Certification Regarding Debarment, Suspension or ineligibility and
Voluntary Exclusion 8
11. Code Requirements 9
12. Confidentiality/Safeguarding of Information 9
13. Conflict of Interest 9
14. Copyright Provisions 10
15. Disputes 10
16. Duplicate Payment 11
17. Governing Law and Venue 11
18. Indemnification 11
19. Independent Capacity of the Contractor 11
20. Indirect Costs 11
21. Industrial Insurance Coverage 11
22. Laws 12
23. Licensing, Accreditation and Registration 14
24. Limitation of Authority 14
25. Noncompliance with Nondiscrimination Laws 14
26. Notification of Tenant Rights/Responsibilities 14
27. Pay Equity 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 16
39. Site Security 17
40. Subgranting/Subcontracting 17
41. Survival 17
42. Taxes 17
43. Termination for Cause 17
44. Termination for Convenience 17
45. Termination Procedures 18
46. Treatment of Assets 18
47. Waiver 19
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: 18-62210-007
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
Public Services Grant
1.Grantee 2.Grantee Doing Business As(optional)
Jefferson County N/A
PO Box 1220
Port Townsend,WA 98368
3.Grantee Representative 4.COMMERCE Representative
Judy Shepherd,Auditor Jeff Hinckle,Project Manager Address:
Phone: (360)385-9121 Phone:(360)725-3060 PO Box 42525
Fax:(360)385-9118 Fax:(360)586-8440 1011 Plum Street SE
Email:jshepherd@co.jefferson.wa.us jeffhinckle@commerce.wa.gov Olympia,WA 98504
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date
$103,958 Federal: ® State:❑ Other: ❑ N/A: ❑ 7/1/2018 6/30/2019
9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if
$103,958 U.S.Department of Housing 14.228 applicable):
And Urban Development(HUD) N/A
10.Tax ID# 11.SWV# 12.UBI# 13.DUNS#
91-6001322 0002430-28 161-001-169 17-927-8197
14.Grant Purpose
Public services through Olympic Community Action Program to low-and moderate-income persons in Jefferson and Clallam
Counties. A full description of the project is in Attachment"A"Scope of Work and Budget.
COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment"A"—Scope of Work and Budget,Attachment"B"—State and
Federal Requirements and Assurances,Attachment"C"—Letter to Incur Costs(if applicable),and the following documents
incorporated herein by reference:Grantee's application for funding and the Community Development Block Grant policies and
procedures,prepared by Commerce.
FOR GRANTEEf f FOR COMMERCE
1 -� /�G
David Sullivan, Chair
Mark K.Barkley,Assistant irector
Jefferson County Local Government Division
jetAe ?$ / 2c1 ' mrP fi ///0(
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Date Date
roved a form: APPRM
BY ASSISTANTROVEDASTO ATTOFORNEYONLYNERAL
CGE
Date: 6 APPROVAL ON FILE
Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
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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-18-DC-53-0001.
Total amount of federal award B-18-DC-53-0001 to Commerce: $12,458,664.
Total amount of B-18-DC-53-0001 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-18-DC-53-0001 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 24 CFR Part
84 and 24 CFR Part 570.489,570.502,570.503,570.504, and 570.505 as applicable, which include but
are not limited to the following:
Real property that was acquired or improved, in whole or in part, with funds under this Grant 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, the 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.
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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 Contract Closeout Report. Failure to submit a report will not
preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest.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
must allow a
fifteen (15)dayperiod for public review and comment.
the request, COMMERCE
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
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) and categorically exempt under SEPA(RCW 43.21C.110). 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 that each activity or project is exempt and meets the conditions
specified for such exemption under(NEPA)24 CFR 58.34(3) (for Planning-Only) or 58.34(4) (for
Public Services)and (SEPA)WAC 197-11-800.
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),
i.Financial Accounting Standards Board (FASB), and
ii.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
5
•
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. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned,woman-owned, and veteran-owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
14. 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.
15. 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
6
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. 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.
4. 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.
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5. 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.
6. 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.
7. 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.
8. 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.
9. AUDIT
If the Grantee is a subrecipient and expends$750,000 or more in federal awards from any and/or all
sources in any fiscal year,the Grantee shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit,the Grantee shall:
1. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR
200.501, reports required by the program-specific audit guide(if applicable), and a copy of
any management letters issued by the auditor.
2. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee is a subrecipient and expends less than$750,000 in federal awards from any and/or all
sources in any fiscal year,the Grantee shall notify COMMERCE they did not meet the single audit
requirement.
The Grantee shall send all single audit documentation to auditreview(u�commerce.wa.gov.
10. 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
Terris 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.
8
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 rules implementing
Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of
these regulations.
11. 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.
12. 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.
13. 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
9
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 person employed in any capacity
by the state of Washington that worked on the Community Development Block Grant program
including but not limited to formulating or drafting the legislation, participating in grant procurement
planning and execution, awarding grants, and monitoring grants, during the past 24 month period
preceding the start date of this Grant. 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.
14. 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.
15. 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.
10
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.
16. 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.
17. 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.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state,from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim"as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agencts, 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.
'19. 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.
20. 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.
21. 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
11
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.
22. 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 982.401(j).
• 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.
B. Flood Plains
• Flood Disaster Protection Act of 1973,42 USC 4001-4128.
C. 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.
D. 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)).
E. Office of Management and Budget Circulars
• 2 CFR 200
12
•
F. 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.
G. Privacy
• Privacy Act of 1974, 5 U.S.C. 552a.
H. Relocation
• Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and
implementing regulations at 49 CFR part 24.
• 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.
13
23. 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.
24. 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.
25. 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.
26. 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
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
27. PAY EQUITY
The Grantee agrees to ensure that"similarly employed"individuals in its workforce are compensated
as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer,the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. Grantee may allow differentials in compensation for its workers if the differentials are based
in good faith and on any of the following:
(i)A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii)A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii)A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Grant may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Contractor is not in compliance with this provision.
14
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.
4. Grantee and Subgrantee/subcontractor must receive prior approval from COMMERCE for
using funds from this Grant to enter into a sole source contract or a contract where only one
bid or proposal is received when value of this Grant is expected to exceed$5,000.
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non-competitive procurement, if applicable.
15
31. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Grant provided, however, that reasonable fees or bona fide technical consultant,
managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
32. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
33. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws,federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
34. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grant.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE,the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six(6)year period,the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
35. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
36. RIGHT OF INSPECTION
The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
37. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the'Termination for Convenience"clause,without the ten calendar day notice
requirement. In lieu of termination,the Grant may be amended to reflect the new funding limitations
and conditions.
38. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
16
39. SITE SECURITY
While on COMMERCE premises, Grantee, its agents, employees, or subcontractors shall conform in
all respects with physical, fire or other security policies or regulations.
40. SUBGRANTING/SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Grant; (b)prohibit the Grantee from subcontracting with a particular person or entity; or
(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant. If any
Subgrantee fails to comply with any applicable term or condition of this Grant, including the Scope of
Work and Budget in Attachment A,the Grantee shall be responsible for completing the work itself, or
contracting with another Subgrantee as approved by COMMERCE. The Grantee shall appropriately
monitor the activities of the Subgrantee to assure fiscal conditions of this Grant. In no event shall the
existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for
any breach in the performance of the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subgrantee's performance of the subcontract.
41. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
42. TAXES
All payments accrued on account of payroll taxes, unemployment contributions,the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
43. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to
terminate the Grant. A termination shall be deemed a"Termination for Convenience"if it is
determined that the Grantee: (1)was not in default; or(2)failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
44. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
17
45. 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
s ubg ra nts/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.
46. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee,for the cost of which the Grantee is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property
by the Grantee. Title to other property,the cost of which is reimbursable to the Grantee under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or(ii) commencement of use of such property in the performance of this
Grant, or(iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
18
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this Grant
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subgrantees/Subcontractors.
47. 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.
19
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ATTACHMENT B
STATE AND FEDERAL REQUIREMENTS AND ASSURANCES
In addition to laws listed in the general terms and conditions of this Grant, the Grantee assures
compliance with the following laws and regulations as they pertain to the local project. Contact
the CDBG program if you want assistance in obtaining a copy of any of these.
FEDERAL
A. HOUSING AND COMMUNITY DEVELOPMENT
1. Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107).
2. The Housing and Community Development Act of 1974, as amended through 1992:
Sections 109; 104 (b) 4; 104 (d); and 104(I), which prohibit discrimination and require
identification of housing and community development needs; a "residential anti-
displacement and relocation assistance plan"; and adoption and enforcement of policies
prohibiting the use of excessive force.
B. LABOR
1. Prohibition of Use of CDBG for Job-Pirating Activities, 24 CFR Part 570.482(f), revised June
2006.
C. ENVIRONMENTAL AND CULTURAL
1. The Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
2. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990: Protection
of Wetlands, 42 FR 26961 et seq.
3. The Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. 1271 et seq.
4. Executive Order 11988, May 24, 1977: Floodplain Management and Wetland Protection, 42
FR 26951 et seq.
5. Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 et seq.
6. The Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.
7. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic
Preservation Act of 1974, 16 U.S.C.469 et seq.
8. The Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f et seq., 21 U.S.C. 349,
as amended, and 40 CFR Part 149.
9. 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 et seq.
10. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. Section 6901 et seq.
11. The Fish and Wildlife Coordination Act of 1958, as amended, 16 U.S.C. Section 661 et seq.
12. The National Historic Preservation Act of 1966, 16 U.S.C. 470
13. The Archaeological and Historical Data Preservation Act of 1974, 16 U.S.C. 469a-1 et seq.
14. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13,
1971.
15. Farmland Protection Policy Act of 1981, 7 U.S.C. 4201 et seq., and 7 CFR Part 658.
16. Environmental Justice (Executive Order 12898), as amended by Executive Order 12948.
17. Explosive and Flammable Operations (Section 2 of the Housing Act of 1949, as amended,
42 U.S.C. 1441; Section 7(d) of the HUD Act of 1965, 42 U.S.C. 3535(d); Section 2 of the
HUD Act of 1969, 42 U.S.C. 1441(a); and 24 CFR Part 51 Subpart C).
18. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949 as
amended, 42 U.S.C. 1441), affirmed by Section 2 of the HUD Act of 1969, P.L. No 90-448,
Section 7(d) of the HUD Act of 1965, 42 U.S.C. 3535(d), and 24 CFR Part 51 Subpart D.
23
ATTACHMENT B
19. Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 as amended by Superfund Amendments and
Reauthorization Act and 24 CFR 58.5(i)).
20. Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency—40 CFR Parts 6, 51, and 93).
STATE
1. Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW.
24
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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 24,2018
Mr.Philip Morley
Jefferson County Administrator
1820 Jefferson Street
Port Townsend,WA 98368
Dear Mr.Morley:
I am pleased to inform you that Jefferson County is awarded a$103,958 Community Development
Block Grant(CDBG)for public services provided by Olympic Community Action Programs.
Funding is contingent on the state's receipt of its 2018 annual award from the U.S.Department of
Housing and Urban Development.
Prior to grant contract execution,this letter allows you to incur costs not to exceed ten percent of
your award for eligible administrative and public services activities after July 1,2018. 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.
The county's 2018 CDBG Public Services Grant contract with Commerce is enclosed for your
signature.
Remember, final public services or county administration costs to be funded by your current CDBG
Public Services Grant must be incurred by June 30,2018. Submit your final reimbursement request
by August 1,2018.
Please contact Jeff Hinckle at(360)725-3060 or jeff.hinckle@commerce.wa.gov if you have any
questions.
Sincerely,
Ma K. Ba ley
Assistant Director
Enclosures
cc via email: Judy Shepherd, Chief Accountant, Jefferson County
Dale Wilson,Executive Director,Olympic Community Action Programs