HomeMy WebLinkAboutCommerce Community Developement Block Grant CDBG $110,00 Commissioners Office
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY
COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Executive Assistant
DATE: September 6,2022
SUBJECT: AGREEMENT re: Commerce Community Development Block Grant
(CDBG) Public Services, Sub-recipient Agreement; Amount of$110,000;
Jefferson County Administrator; Olympic Community Action Programs
STATEMENT OF ISSUE:
The Washington State Department of Commerce made $110,000 in annual CDBG funding
available to Jefferson County. Jefferson County has historically entered into a sub-recipient
agreement with OlyCAP for these CDBG grant funds.
ANALYSIS:
The attached sub-recipient agreement with OlyCAP makes these funds available for use from
July 1, 2022 through June 30, 2023.
FISCAL IMPACT:
This request is budget neutral.
RECOMMENDATION:
Approve the attached sub-recipient agreement with OlyCAP.
REVIEWED BY:
Adj3 „5„,/,z,
Mark McCaule County Administrator 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 22-62210-007,to fund the
Project with Federal Award Identification Number B-18-DC-53-0001;
As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of
the local CDBG project; and,
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, 2023.
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: Cherish Cronmiller
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: ccronmiller@olycap.org
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B. Local Government :
Name of Representative: Mark McCauley
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: MMcCauley@co.jefferson.wa.us
4. BUDGET
The total grant award is$110,000. The Local Government will retain $3,500 for grant administration and will pass
through to the Subrecipient no more than $106,500 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.
The Local Government may, at its option,withhold reimbursement for any month for which required reports
and/or invoices have not been received, or are not accurate and/or complete, or for contractual non-compliance
issues.
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6. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT
If overpayments or erroneous payments have been made to Subrecipient under this Agreement,the Local
Government will provide notice to Subrecipient and Subrecipient shall refund the full amount of the overpayment
within thirty(30)calendar days of the notice. If Subrecipient fails to make timely refund,the Local Government may
charge Subrecipient one percent(1%) per month on the amount due, until paid in full.
7. 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.
8. SPECIAL CONDITIONS
In addition to the requirements and obligations imposed upon the Subrecipient by Section 9F 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 Local Government:
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 Local Government 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 Local Government within fifteen (15)
days of execution of this agreement. 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.
It shall be the responsibility of Subrecipient to insure that any and all persons engaged in the performance of
any work or service required of Subrecipient under this Agreement, shall comply with the same insurance
requirements that Subrecipient is required to meet. The Subrecipient shall include all subcontractors as insured
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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.
Failure on the part of Subrecipient to maintain the insurance as required shall constitute a material breach of
contract upon which the Local Government may,after giving five working days' notice to Subrecipient to correct
the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay
any and all premiums in connection therewith,with any sums so expended to be repaid to the Local
Government on demand, or at the sole discretion of the Local Government, offset against funds due
Subrecipient from the Local Government.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the Local
Government (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 Local Government (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 Local Government 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 Local Government.
The Local Government 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 Local Government 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 Local Government 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 Local Government.
The Local Government 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.This remedy
is not exclusive; and the Local Government may take such other action as is available to them under other
provisions of this Agreement, or otherwise in law.
All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional
payment will be made.
9. GENERAL CONDITIONS
A. Compliance with Laws, Regulations, and Policies, Governing the Funds Provided under this Agreement
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.
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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.
Any and all employees of Subrecipient,or other persons engaged in the performance of any work or service
required of Subrecipient under this Agreement,shall be considered employees of Subrecipient only,and any
claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of
Subrecipient. 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. Indemnity and Hold Harmless
Subrecipient shall indemnify and hold the Local Government, and its officers, officials, employees, agents and
volunteers (and their marital communities) harmless from and shall process and defend at its own expense,
including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity
arising in whole or in part,directly or indirectly,from Subrecipient's negligence or breach of any of its obligations
under this Agreement; provided that nothing herein shall require a Subrecipient to indemnify the Local
Government and its officers, officials, employees, agents and volunteers (and their marital communities)
against and hold them harmless from claims, demands or suits based solely upon the conduct of the Local
Government, its officers, officials, employees, agents and volunteers (and their marital communities), and
provided further that if the claims or suits are caused by or result from the concurrent negligence of:
1) Subrecipient's agents or employees; and,
2) The Local Government, its officers, officials,employees, agents and volunteers(and their marital communities),
this indemnity provision with respect to: (a) claims or suits based upon such negligence, or(b)the costs to the
Local Government of defending such claims and suits, etc., shall be valid and enforceable only to the extent of
Subrecipient's negligence or the negligence of Subrecipient's agents or employees.
3) Subrecipient specifically assumes potential liability for actions brought against the Local Government by
Subrecipient's employees, including all other persons engaged in the performance of any work or service
required of Subrecipient under this Agreement and, solely for the purpose of this indemnification and defense,
Subrecipient specifically waives any immunity under the state industrial insurance law, Title 51 RCW.
Subrecipient recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115
and was subject of mutual negotiation.
4) The provisions of this section shall survive the expiration or termination of this Agreement.
E. Workers'Compensation
Subrecipient will participate in the Worker's Compensation and Employer's Liability Insurance Program as
may be required by the State of Washington.
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.
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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. Disputes
It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement
shall be governed by and construed in accordance with the laws of the United States,the State of
Washington and the County of Jefferson, as if applied to transactions entered into and to be performed
wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or
assert that any state law other than Washington law applies to the governance or construction of this
Agreement.
J. Counterpart and Facsimile Signatures
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,
and all of which counterparts together shall constitute the same instrument which may be sufficiently
evidenced by one counterpart. Execution of this Agreement at different times and places by the parties
shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this
Agreement. The parties agree that facsimile and electronic signatures shall have the same force and effect
as original signatures.
K. No Waiver
No consent by either party to, or waiver of, a breach by either party,whether express or implied, shall
constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.
No term or provision of this Agreement will be considered waived by either party, and no breach excused by
either party, unless such waiver or consent is in writing signed on behalf of the party against whom the
waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence
thereof, or delay in taking any action in connection with, shall not waive such breach or default.
L. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs
and assigns.
M. No Third Party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean,that any provision in
this Agreement is for the benefit of any person or entity who is not a party.
N. Public Records Act Compliance
Notwithstanding any provisions of this Agreement to the contrary,to the extent any record, including any
electronic,audio, paper or other media, is required to be kept or indexed as a public record in accordance
with the Washington Public Records Act, Chapter 42.56 RCW(as may be amended), Subrecipient agrees to
maintain all records constituting public records and to produce or assist the Local Government in producing
such records, within the time frames and parameters set forth in state law. Subrecipient also agrees that
upon receipt of any written public record request,Subrecipient shall,within two business days, notify the
Local Government by providing a copy of the request per the notice provisions of this Agreement.
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O. 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.
10. 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. Ac
cess 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.
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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.
11. 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
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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
No portion of this Agreement may be assigned or subcontracted to any other individual, firm, or entity
without the express and prior written approval of the Local Government. If the Local Government
agrees in writing that all or a portion of this Agreement may be subcontracted to a third-party,then any
contract or agreement between Subrecipient and a third-party Subrecipient must contain all provisions
of this Agreement and the third-party subcontractor must agree to be bound by all terms and
obligations found in this Agreement. 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 -Subcontracts
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a. Subrecipient 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 Washington State or Federal department or agency.
b. Subrecipient agrees to include the above requirement in any and all subcontracts into which it
enters,and also agrees that it will not employ debarred individuals.
c. Subrecipient must immediately notify the Local Government if, during the term of this Agreement,
Subrecipient becomes debarred. The Local Government may immediately terminate this
Agreement by providing Subrecipient written notice, if Subrecipient becomes debarred during the
term of this Agreement.
d. Subrecipient further agrees by signing this contract that it will not knowingly enter into any
subcontract 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.
12. 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.
13. 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.
14. 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: Completed application that includes Project Description and Budget
11
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: Heidi Eisenhour,Chair Title: Cherish Cronmiller, Executive Director
Date: Date:
Approved As To Form:
-} r
/4„, i. Aug. 29, 2022 for
Philip C Hunsucker,Chief Civil Deputy Prosecuting Attorney Date
12
ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD'Th')
06/30/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Aaron Avila
NAME
The Partners Group Ltd PHON D E I (877)455-5640 (AAX/C Not (425)455-6727
jtA11225 SE 6th St. aavila t
Amgen: D9rP'CAm
Suite 110 INSURERISi AFFORDING COVERAGE NAIL N
Bellevue WA 98004 INSURER A: Philadelphia Indemnity Ins Co 18058
INSURED
INSURER B
Olympic Community Action Programs INSURER C
823 Commerce Loop INSURER D 1
INSURER E. m I v
Port Townsend WA 98368 INSURER F
COVERAGES CERTIFICATE NUMBER: 22-23 GL AU XS PL EL REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTRR ACM TYPE OF INSURANCE MID,IWO POUCY NUMBER POLICY POLICY l7W I UNITS
IIAMIDOIYYyYYY) IMWDD/YYYYI'
X COMMERCIAL GENERAL UABILm 1,000,000
EACH OCCURRENCE
(� DAMAGE TO RENTED
CLAIMS-MADE I'`9 OCCUR PRP S'Eaorcuren el S 100.000
MED EXP(Any one person) S 5.000
A PHPK2419384 06/01/2022 06/01/2023 PERSONAL aADVNUURY 1,000,000
GENL AGGREGATE LIMIT APPLIES PER: - 2.000,000
(� GENERAL AGOREGATE f
POLICY l i ci Xi LOC PRODUCTS-COMPIOP AGG S 2,000,000
OTHER:
AUTOMOBILE LIABILITY COMBINED MINGLE JILT s 1,000,000
/Es mow)
XANY AUTO BODILY INJURY Per person) S
A OWNED ( -SCHEDULED PHPK2419384 06/01/2022 06/01/2023 BODILY INJURY IPer sccJdeal) S
H ONLY MIN E HIREDIRED ID PROPERTY DAMAGE
— AUTOS ONLY AUTOS ONLY LP'b/[pAtMi $
j S
X UMBRELLA LIAR X OCCl1R EACH OCCURRENCE $ 5,000,000
A EXCESS UAB C MADE PHUB816596 08/01/2022 06/01/2023 AGGREGATE s 5,000,000
DED XI RETENTION 9 10,000 ,
S
WORKERS COMPENSATION PER I - EL-WA Stop Gap
LIABILITYAND EMPLOYERS'LIABILITY Y/N i STATUTE ER
ANY PROPRIETOR/PARTNER/E)tECLTTNE r---� 1,000,000
A OF FICERAIEMBER EXCLUDED? ! I�NIA PHPK2419384 06/01/2022 08/01/2023 ,EL EACH ACCIDENT s
(Mandatory in NH) EJ,DISEASE-EA EMPLOYEE $ 1,000.000
II yes,describe candor
DESCRIPTION OF OPERATIONS beloer EL r 5 -POLICY EMIT S 1,00(1,000
Each Claim 51,000,000
Professional Liability
A PHPK2419384 06/01/2022 08/01/2023 Aggregate S2,000,00)
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N more space is required)
re: 711 Taylor St Port Townsend WA;Building Limit 5748.030,Special Form,Replacement Cost
Jefferson County is included as an additional insured under the General Liability as their interest may appear as respects to the operations performed by or
on behalf of the named insured,when required by written agreement
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Jefferson County ACCORDANCE WITH THE POLICY PROVISIONS.
PO BOX 1220
AUTHORIZED REPRESENTATIVE
Port Townsend WA 98368
CO 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
22-62210-007
CommunityDevelopmentGrant
Block Gr nt
Grant Application Data
Grant Year 2022
General Information 98Jefferson County
Program Name 2022 CDSG Public Serrices
Jurisdiction Jefferson County 0
Unique Entity Identifier#(UEI) FGN7DDMJA7H7
UEI /SAM.gov Expiration date 01/06/2023
Total Grant Amount $ 110,000
Mailing Address 1820 Jefferson St
Street Address
City Port Townsend
State WA
Zip code 98368
Signature Authority for Grant Agreement
First Name Mark
Last Name McCauley
Title County Administrator
Email MMcCauley@co.jefferson.wa.us
Contact Information
Contact First Name Judy
Contact Last Name Shepherd
Phone (360) 385-9231
Title Finance Manager
Email jfshepherd@co.jefferson.wa.us
Mail Address 1820 Jefferson St
City Port Townsend
State WA
Zip Code 98368
22-62210-007
Funding
Total CDBG Grant Amount (from Page 1) $ 110,000
County General Admin ($3,500 max.) $3,500 -3500
Services Amount (Equals grant total minus funds reserved for Admin) $ 106,500
Program Income
Local Public Funds
Other State Funds
Other Federal Funds
Private Funds
Total Additional Funding Involved in delivering Service Activities $0
Total Funding including CDBG $ 110,000
Beneficiaries
Number of Persons 1000
Number of Households 850
Number LMI Persons 1000
Numbetr LMI Households 850
Subrecipients and Consultants
I -_
22-62210-007
!*. ( 'c ninierYeE
Community Development Block Grant
PROGRAM ACTIVITIES and LOW - AND MODERATE - INCOME (LMI) BENEFIT
DESCRIPTIONS
Grant Year 2022
Jefferson County
Program Activities must be detailed enough for Commerce to understand what direct services will be accomplished with
CDBG funds and how the activities meet the CDBG definition of an eligible public service that provides a direct benefit to
principally low- and moderate-income persons.
Home Health Care he Senior Nutrition Program consists of both Congregate and
Home-Delivered Nutrition Services to help increase the
05R Homeownership Assistance(not di: ,,,,+,;,,,,* ; , , s ,, ; +; ;a , ,.,ti ti, , ,, r ,,,+,1„
S=No longer Substandard 3-Family size&income records show>51%LMI 100
Add Activity 5
22-62210-007
Wasri,r°gtr r Statp
Departrrc:nt o Reset
•� C mmT erev
Community Development Block Grant
Demographics and Title VI Certification
Grant Year 2022
LAWS AND REGULATIONS GOVERNING TITLE VI CERTIFICATION
Title VI of the Civil Rights Act of 1964,which states:"No person in the United States shall,on the grounds of race,color,or
national origin,be excluded from participation in,be denied benefits of,or be subjected to discrimination under any program
or activity receiving federal financial assistance."
Section 1.4(b)(2)(I)of the regulations of the Department of Housing and Urban Development issued pursuant to Title VI,
which require:"A recipient,in determining the types of housing,accommodations,facilities,services,financial aid,or other
benefits which will be provided under any such program or activity,or the class of persons to whom,or the situations in which,
such housing,accommodations,facilities,services,financial aid,or other benefits will be provided under any such program or
activity,or the class of persons to be afforded an opportunity to participate in any such program or activity,may not,directly or
through contractual or other arrangements,utilize criteria methods of administration which have the effect of subjecting
persons to discrimination because of their race,color,national origin,or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity as respect to persons of a particular race,color,or national origin."
Demographics
1. Ethnicity of the service area(see the Ethnicity and Race+nslrurrons),
Provide the numeric count of those residents in the service area who are of Hispanic or Latino origin.
4 Hispanic or Latino origin
2. Race-Provide numeric count by race.
I 91 ) White
Black or African American
2 American Indian/Alaska Native
2 Asian persons
° Native Hawaiian and Other Pacific Islander
° Some Other Race
3 Two or more
99.9 TOTAL POPULATION
3.80% Hispanic/Latino percentage
Minority Outreach
3. MINORITY POPULATIONS reported in the service area demographics above are:
✓ Scattered throughout the community.
I I Scattered throughout the community,with concentrations in the areas listed in the following question.
Concentrated in the areas listed in the following question.
4. Description of areas of population concentrations:
Input"N/A" if no area concentration issues.
N/A
22-62210-007
5. The following opportunities were provided to Title VI protected groups to participate in and
comment on the design of activities to be undertaken as part of this project (check all that apply):
I ✓ I Public hearing to review community development and housing needs
Community meeting(s)
Community survey
I I Apply to be on a wait list for direct assistance
I I Other:
6. Will all residents of the service area have the opportunity to benefit from this CDBG project?
If the answer is NO, provide the Title VI protected group(s)or minority populations residing in
the area that will not benefit from the CDBG project.
,/ Yes, all residents of the service area will benefit
If not- please explain below: benefits low to moderate income persons or households
7. The above populations that will not benefit from this CDBG project:
Will receive similar services provided through existing programs.
Do not receive similar services provided through existing programs. explain:
✓ N/A-All residents of the service area will have the opportunity to benefit
8. For those protected groups that will not benefit from this CDBG project nor will receive similar services,
provide a plan that identifies a timetable for providing such services in the future OR
describe the reason no services are planned.
Enter "N/A"if no explanation is required.
N/A
9. The following steps will be taken to ensure CDBG benefits are offered to all residents and Title VI
protected groups within the community: (check all that apply)
I Protected groups will be informed of the opportunity to apply for the direct assistance
program funded by CDBG
I I Protected groups will be informed of the availability of programs to be located in a CDBG
funded facility
I I A community meeting will be held to inform all residents of benefits resulting from this
CDBG project
I ✓ I REQUIRED:A final public hearing to receive comment on this CDBG project is required
and will be conducted (if applicable)with outreach and accommodation for non-English
speaking residents.
I I Other:
The applicant is certifying compliance with Title VI of the Civil Rights Act of 1964 by assessing and reporting
on the ethnicity/racial composition of its residents and minority outreach above.
Name&Title Mark McCauley.County Administrator
Digital Signature Mark
"OooloOy to=y w NoCtosrey
McCauley "'"�"
Signing will lock all form entries
ATTACHMENT 6d3(1)
NEPA
Determination of Exemption &
Determination of Categorical Exclusion (not subject to Section 58.5)
Determination of activities per 24 CFR 58,34(a)and 58.35(b)
Local Government Name;JEFFERSON COUNTY Contract Number:22-62210-007
Address: 1820 JEFFERSON ST,PORT TOWNSEND,WA 98368
Project Description and Location;
Funding Source: WA State CDBG Other Funding Sources;
d The activity falls into the checked category below,and listed at 24 CFR 53.34(a)as Exempt.
❑ 1. Environmental and other studies,resource identification,and development of plans and strategies
❑ 2. Information and financial services
❑ 3. Administrative and management activities
4. Public services that will not have a physical impact or result in any physical changes including but not limited to services
concerned with:
• Employment • Recreation needs • Energy conservation
• Crime prevention • Drug abuse • Welfare
• Child care • Education • Other
• Health • Counseling
❑ S, Inspections and testing of properties for hazards or defects
❑ 6. Purchase of insurance
❑ 7. Purchase of tools
❑ 8. Engineering or design costs
❑ 9. Technical assistance and training
10. Temporary or permanent improvements that do not after environmental conditions and are limited to activities to
❑ protect,repair or arrest the effects of disasters or imminent threats to public safety,including those resulting from
physical deterioration.
❑ 11. Payment of principal and interest on loans made or obligations guaranteed by HUD
The activity falls into the checked category listed below,and is listed at 24 CFR 53.35(b)as a Categorically Excluded
activity raz subject to Section 53.5.
❑ 1. Tenant-based rental assistance
2.Supportive Services(including but not limited to):
123
• Health care • Nutritional services
• Housing services • Short term payments for rent/mortgage/utility costs
• Permanent housing placement • Assistance in gaining access to government benefits/services
• Day care
3.Operating Costs:
❑ • Maintenance • Utilities • Supplies
• Security • Furnishings • Staff training and recruitment
• Operation • Equipment
4. Economic Development Activities;
❑ • Equipment purchase • Interest subsidy
• Inventory financing • Operating costs
• Other expenses not associated with construction or expansion
ATTACHMENT 6-G(2)
NEPA
5.Activities to assist homeownership of existing or dwelling units under construction,Including:
❑ • Closing costs and down payment assistance to homebuyers
• Interest buy downs or other actions resulting in transfer of title
6 Affordable housing pre-development costs
• Legal consulting
❑ • Developer and other site-option costs
• Project financing
• Administrative costs for loan commitments,zoning approvals,and other activities which don't have a physical impact
7,Approval of supplemental assistance(including insurance or guarantee)to a project previously approved under Part 58,if:
❑ the same responsible entity conducted the environmental review on the original project and re-evaluation of the
environmental findings is not required under Section 58.47
Additional HUD Laws&Authorities(24 CFR 58.6)
Section 1. Flood Disaster Protection Act
Section 58.6 requires compliance with the Flood Disaster Protection Act.However,under 24 CFR 55.1(b)(1)the prohibitions are
not applicable to HUD financial assistance under the State-administered CDBG Program(24 CFR part 570,subpart I), therefore,the
Act does not apply.
Section 2. Airport Runway Clear Zones(Civil)and Accident Potential Zones(Military)
(Check os opproprlate)
Does the project involve HUD assistance,subsidy or insurance for the purchase or sale of
an existing property? ❑YES Pd NO
Continue Proceed to Section 3—
regulation does not apply.
Is the project located within 2,500 feet of a civil airport or 15,000 feet of a military airfield? 0 YES ❑NO
Continue Document&proceed to
Section 3—regulation
does not apply.
Is the project located within an FAA-designated civilian airport Runway Clear Zone(RCA)or ❑YEs ❑NO
Runway Protection Zone,or within the military Airfield Clear Zone(CZ)or Accident Continue Document&proceed to
Potential Zone/Approach Protection Zone(APZ),based upon information from the airport Section 3--regulation
or military airfield administrator identifying the boundaries of such zones? does not apply.
Comply with 24 CFR Part 51,Subpart D which may include providing a written notice to a prospective buyer or leaser of the
potential hazards from airplane accidents and the potential that an airport or airfield operator may wish to purchase the property
at some point in the future as part of a dear zone acquisition program. Maintain copies of the signed notice. For properties
located in a military clear zone,make and document a determination of whether the use of the property is generally consistent
with DOD guidelines. Notice Sample;
b ttp;//www.hud,gov/offi ces/cod/envi rpp menurevieyw/qa/al rporthazards,pdf
Section 3. Coastal Barrier Resources Act.
Section 58.6 also requires compliance with the Coastal Barrier Resources Act. There are no Coastal Barrier Resource Areas in
Washington State. Therefore,the Act does not apply.
NEPA CERTIFICATION
A Request for Release of Funds(RROF)is not required for this project. The activity may be initiated without further environmental
review beyond 24 CFR Part 58.6.
SEPA CERTIFICATION
The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental Protection Act(SEPA,
Chapter 43.21C RCW)and has determined:
® The project is Categorically Exempt under SEPA WAC 197,11.800
OR
ATTACHMENT 6-G(3)
NEPA
❑ The project does not have a probable adverse impact on the environment(WAC 197-11-970)and an environmental impact
statement is not required. Documentation supporting the Determination of Non-significance is contained In the Environmental
Review Record,
Preparer Name(print):Judy Shepherd
Title: FINANCE MANAGER
Signature:g Date: 6/1/2022
Chief Administrative Official (print): Mark McCauley
Title: COUNTYADMINI TRATOR
Signature: d>' ,'_ Date: 6/1/2022