HomeMy WebLinkAbout030121_ca02Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Adiel McKnight, Executive Assistant
DATE: March 1, 2021
SUBJECT: HEARING NOTICE re: Review Final Project Performance on CDBG-
COVID Microenterprise closeout; With Washington State Department of
Commerce; Hearing Scheduled for Monday, March 15, 2021 at 11:30 a.m.
in the Commissioners' Chambers (virtual hearing)
STATEMENT OF ISSUE:
The County was informed that the Washington Department of Commerce has made available additional
dollars through Community Development Block Grants (CDBG) to address community needs and impacts
resulting from the COVID-19 public health emergency. The State requires a governmental agency to hold a
public hearing to closeout the funds.
ANALYSIS:
The purpose of the public hearing is to review Final Project Performance on CDBG-COVID Microenterprise
Closeout.
FISCAL IMPACT:
The total grant funding available for Jefferson County is $132,517.
RECOMMENDATION:
Sign the hearing notice on the CDBG Closeout. The hearing is scheduled for Monday, March 15, 2021 at
11:30 a.m. via video meeting in the Commissioners' Chambers. The notice will be published in the Peninsula
Daily News on March 4 and March 11, 2021.
REVIEWED BY:
1 ip Morle oun nis ra or Date
Please publish 2 times: March 4 and 11, 2021
Contact Person: Adiel 385-9100
Bill to: Jefferson County Commissioners
P.O. Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for Monday, March 15, 2021 at 11: 30 a.m. in the Commissioners' Chamber, County
Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368.
The purpose of the public hearing is to Review Final Project Performance on CDBG COVID
Microenterprise closeout; funded by the Community Development Block Grant (CDBG).
Contract No. 19-62210-007 A with Washington State Department of Commerce.
Comments on the County's and Economic Development Council's past performance and use of their
2020 CDBG COVID Microenterprise closeout will also be received.
The Commissioners Chambers is handicap accessible. Arrangements to reasonably accommodate
special needs, including handicap accessibility or interpreter, will be made upon receiving 24-hour
advance notice to the County Commissioners Office at 360-385-9100; 1820 Jefferson Street, Port
Townsend, WA 98368. NOTE: No In -Person Attendance Allowed (Per May 29, 2020 Jefferson
County Public Health Officer Order). Testimony must be received by the Board of County
Commissioners by the end of the hearing public comment period. To view this meeting live go to
https:// lg.obal.gotomeeting.com join/959630253 Please join the meeting from your computer,
tablet or smartphone. You can also dial in using your phone. United States: +1 (571) 317-3112
Access Code: 959-630-253. To view agenda items, please go to our website at:
www.co.iefferson.wa.us Follow the links under "Quick links:" Videos of Meetings and click on the
March 15, 2021 Meeting. In addition, written testimony is also invited beginning on March 4,
2021 and ending at the end of the Public Hearing, unless extended by the Board of County
Commissioners. Written public testimony may be submitted by Email to:
jeffbocckco jefferson.wa.us ; or by Mail to: Jefferson County Commissioners' Office; PO Box
1220, Port Townsend, WA 98368. To provide testimony, dial 1-571-317-3112 and enter access
code: 959-630-253 by 11:30 a.m. or be present by video and wait to be called upon. Testimony must
be received by the Board of County Commissioners by the end of the hearing public comment
period.
Signed this 1" day of March, 2021.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
1 Amendment Face Sheet
Contract Number:19-62210-007
Amendment Number: A
Washington State Department of Commerce
Local Government Division
Community Development Block Grant Program
Public Services Grant
1. Contractor
2. Contractor Doing Business As (optional)
Jefforson County
N/A
PO Box 563
Port Townsend, WA 98368
3. Contractor Representative (only if updated)
4. COMMERCE Representative (only If updated)
Judy Shepherd, Chief Accountant
JeffHinekie, Project Manager PO Box 42525
Phone: (360) 385-9231
Phone: (360) 725-3060 1011 Plum St SE
Email: Jshopherd@cojefferson.wa.us
Fax: (360) 596-8440 Olympia, WA 98504-2525
Jcff.hlnckIc0commercc.wa. oy
5. Original Contract Amount
6, Amendment Amount
7. New Contract Amount
(and any previous amendments)
$110,431
$132,517
$242,948
S. Amendment Funding Source
9. Amendment Start Date
10, Amendment laid Date
Federal: X State: Other: N/A:
Date of Execution
February 28, 2021
11. Federal Funds (as applicable):
Federal Agency:
CFDA Number:
$242,949
U.S. Department of Housing
14,228
and Urban Development
12. Amendment Purpose:
Increase the contract amount from $110,431 to $242,948 with CDBG Economic Opportunity Grant funding. Expand the scope of
work to Include urgent, CDBG eligible COVID-19 response service activities. Extend the contract end date from 6/30/2020 to
2/28/2021.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and
year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract
Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment
"A" — Scope of Work, Attachment `B" — Budget. A copy of this Contract Amendment shall be attached to and made a part of the
original Contract between COMMERCE and the Contractor. Any reference in the original Contract to the "Contract" shall mean the
"Contract as Amended".
FOR CONTR TOR
FOR COMMERCE
'®g- rot terton, Chair
MarVk. Barkley, Assist nt Director
Jefferson County Commissioners
ment ivision
Local Go7t/o
L
4�/27/2bzo
Date
Date
�p�aved as o omt only:
APPROVED AS TO FORM ONLY
,(/'• t : L Date:
Philip C. Hunsucker, Chief 01% Deputy Prosecuting Attorney
Sandra Adix
Assistant Attorney General
Jefferson County Prosecuting Attorney's Office
3120014
014
Date
Ak
0- Department of Commerce
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: July 01, 2019
Washington State Department of Commerce
www.COMMERCE.wa.gov
Ka
FACE SHEET
Contract Number: 19-62210-007
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, Chief Accountant
Jeff Hinckle, Project Manager Address:
Phone: (360) 385-9231
Phone: (360) 725-3060 PO Box 42525
Fax:
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
$110,431
Federal: ® State: ❑ Other: ❑ N/A: ❑
7/1/2019
6/30/2020
9. Federal Funds (as applicable) Federal Agency: CFDA Number: Indirect Rate (if
$110,431 U.S. Department of Housing 14.228 applicable):
And Urban Development N/A
HUD
10. Tax ID #
11. SWV #
12. UBI #
13. DUNS #
916001322
000243028
161001169
17-921-8197
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.
OR T
FOR COMMERCE
Philip Morle Co ty A m►mstrator
Mar K. Barkley, Assis t Director
Jefferson County
Local Government Division
Date
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE — SEPTEMBER 25, 2018
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
VoluntaryExclusion.................................................................................
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
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-19-DC-53-0001.
Total amount of federal award B-19-DC-53-0001 to Commerce: $12,521,638.
Total amount of B-19-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-19-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.
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 43.21 C. 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),
ii. Financial Accounting Standards Board (FASB), and
iii.The Washington State Auditor's annual instructions for financial reporting.
Grantees participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The State of Washington, its
agents, and employees need not be named as additional insured under a self -insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
Unemployment and Industrial Insurance. The Grantee shall be in full compliance with all state
unemployment and industrial insurance laws while performing work under this Contract. Commerce
will not be responsible for payment of industrial insurance premiums or for any other claim or benefit
for the Grantee, or any subcontractor or employee of the Grantee, which might arise under the
industrial insurance laws during performance of this Contract.
Protection of Project Property, Grantee's Assumption of Risk. The Grantee shall continuously,
maintain adequate protection of all the project work from damage and shall protect the property from
injury or loss arising in connection with this Contract. The entire work of the Grantee shall be at the
sole risk of the Grantee. The Grantee may elect to secure fire, extended coverage, and vandalism
insurance or all-risk insurance to cover the project work during the course of construction. The
Grantee shall take all necessary precautions for the safety of its employees working on the project,
and shall comply with all applicable provisions of federal, state, and local safety laws and building
codes to prevent accidents or injuries to persons, on, about, or adjacent to the premises where the
work is being performed.
11. PERFORMANCE REPORTING
The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic
progress and performance reports pertaining to the activities undertaken pursuant to this Contract.
These reports may include environmental review records, publication affidavits, procurement and
contracting records, documentation of compliance with federal civil rights requirements, job creation
records, program income reports, reports of the costs and obligations incurred in connection
therewith, the final closeout report, and any other matters covered by this Contract. Activities funded
by this Contract providing income -qualified direct assistance or direct services under the limited
clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary
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.
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 shalt 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
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
agents, employees, representatives, or any subgrantee/subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the
Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated
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
G. Other
• Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54.
• Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal
Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989.
• Hatch Political Activity Act, 5 U.S.C. 1501-8.
• Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti -Lobbying
Amendment). 31 U.S.C. 1352 provides that Grantees who apply or bid for an award of
$100,000 or more must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C.
1352. Each tier must disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the recipient.
• Non -Supplanting Federal Funds.
H. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
I. 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
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
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. SUBGRANTINGISUBCONTRACTING
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
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 (1), 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.
25
Rae were 4n
o �
STATE OF WASIHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525. Olympia, Washington 98504-2525 • (360) 725-4000
www.commerce.wa.gov
June 5, 2019
The Honorable Kate Dean
Jefferson County Commissioner
PO Box 1220
Port Townsend, WA 98368
Dear Commissioner Dean,
I am pleased to inform you that Jefferson County is awarded a $110,431 Community Development
Block Grant (CDBG) for public services provided by Olympic Community Action Programs.
Funding is contingent on the state's receipt of its 2019 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, 2019. 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 2019 CDBG Public Services Grant contract with Commerce will be emailed 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, 2019. Submit your final reimbursement request
by August 1, 2019.
Please contact Jeff Hinkle at (360) 725-3060 or jeff.hinckle@commerce.wa.gov if you have any
questions.
Sincerely,
r K. ar e
Y
Assistant Director
cc via email: Judy Shepherd Chief Accountant, Jefferson County
Dale Wilson, Executive Director, Olympic Community Action Programs
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525.Olympia, Washington 88504-2525.360-725-4000
www.commerce.wa.gov
August 9, 2019
Philip Morley
Commissioner, Jefferson County
PO Box 1220
Port Townsend, WA 98368
Re: Community Development Block Grant (CDBG) Contract Number 19-62210-007
Dear Mr. Morley:
Enclosed is a fully signed contract for the Jefferson County 2019 CDBG Public Service Grant. This grant is
funded by Washington State's 2019 CDBG allocation from the U.S. Department of Housing and Urban
Development, authorized by John W. Peters, HUD Community Planning and Development Director on July
25, 2019.
Jeff Hinckle has been assigned to this project. If you have any questions about the enclosed contract please
contact Jeff at (360) 725-3060 orjeff.hinckle@commerce.wa.gov.
Please notify Jeff if there are any changes in staff or mailing information so We can update our records. We
look forward to working with Jefferson County on this project.
Sincerely,
Roberta Golden
Local Government Division
Enclosures (1)
cc via email: Jeff Hinckle, CDBG Project Manager