HomeMy WebLinkAboutCDBG Supp 2 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Judy Shepherd,Finance Manager
DATE: July 10,2023
SUBJECT: AGREEMENT,Amendment No. 2 re: CDBG-CV Subrecipient
Agreement with Olympic Community Action Programs
STATEMENT OF ISSUE:
CDBG-CV 1, CV2 Contract 20-6221 C 114 has been amended 1)to increase the grant award by
$100,000, and 2)extend the ending date to December 30, 2023. The agreement with WA Dept of
Commerce was fully executed on 2/24/2023 and 6/27/2023, respectively.
ANALYSIS•
An Amendment to the Subrecipient Agreement with Olympic Community Action Programs
(OlyCAP) is needed to address the amendments issued by WA DOC.
FISCAL IMPACT:
This Amendment will increase the award amount to OlyCAP, $87,000,totaling $302,548, and extend
the end date to December 30, 2023.
RECOMMENDATION:
The Board of County Administrators accept the proposed Amendment No. 2 to the Subrecipient
Agreement with OlyCAP to match the WA DOC amended grant awards.
REVIEWED BY:
Mark McCauleVUounty Administrator Date
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CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Olympic Community Action Programs Contract No: CDBGsub2
Contract For: CDBG Subrecipient Agreement l erm: Ending 12.30.23
COUNTY DEPARTMENT: BoCC
Contact Person: Judy Shepherd
Contact Phone: x 231
Contact email: ifshepherd@co.jefferson wa us
AMOUNT: $87,000 amended total of$302,548 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
N,1atching Funds Required: Small Works Roster
Sources(s)of%latching Funds Vendor List Bid
Fund # 123 RFP or RFQ
Munis Org/Obj Other:
j APPROVAL STEPS:
j STEP 1: DEPARTMENT CERTIFIES C PLIAN WI C 3.- 0 AND CHAPTER 42.23 RCW.
CERTIFIED: a N/A: �( 30.d 3
fgnature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS N BEE A D BY Y FEDERAL, STATE, OR LOCAL
AGENCY. �1
CERTIFIED: F N/A: El
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added ele ronically through Laserfiche):
Electronically approved by Risk Management on 7/5/2023.
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STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/3/2023.
Contract amendment to county standard subrecipient agreement.
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STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6:CONTRACTOR SIGNS
STEP 7:SUBMIT TO BOCC FOR APPROVAL
1
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Amendment No. 2—Subrecipient Agreement Between Jefferson County and Olympic
Community Action Programs
This Amendment No. 2 is to increase the CDBG- CV grant award to Olympic Community
Action Programs in accordance with the CDBG-CV Grant Award Amendment C and extend the
ending date of the agreement to December 30, 2023.
WHEREAS, on February 16, 2021,the Jefferson County Board of Commissioners
approved a subrecipient agreement with Olympic Community Action Programs(OlyCAP) for
$119,163;
WHEREAS, on December 22, 2021,Jefferson County received a fully executed
Amendment to the original CDBG- CV contract, 20-6221C-114, with Washington State
Department of Commerce for an additional $102,385 and extended the ending date to June 30,
2023;
WHEREAS,on November 17, 2022, Jefferson County received a fully executed
Amendment to the original CDBG-CV contract, 20-6221C-114,with Washington State
Department of Commerce for budget recoding of$196,454.56 to Homeless Services;
WHEREAS, on February 24, 2023, Jefferson County received a fully executed
Amendment C to the original CDBG-CV contract, 20-6221C-114,with Washington State
Department of Commerce for an additional $100,000;
WHEREAS, as indicated by the Amendment—Attachment A Scope of Work and
Budget,Jefferson County will retain an additional $13,000 for grant administration;
WHEREAS,the portion of the Amendment C increases the direct public services
available grant amount by $87,000,totaling$302,548, and extends the agreement ending date to
June 30, 2023.
WHEREAS, on June 27, 2023,Jefferson County received an additional Amendment D to
extend the end date for the grant to December 30, 2023.
THEREFORE, the both parties agree to amend the Agreement as follows:
BUDGET
The Amendment to the grant award is an additional $100,000. This increases the grant award to
$321,548. The Local government will retain an additional $13,000 of the Amendment for grant
administration,totaling$19,000; and the Local Government will pass through to the Subrecipient
no more than$302,548 in CDBG-CV funds for eligible incurred costs and expenses for the
Project. In addition,this Amendment extends to December 31, 2023,per the contract ending
date.
SIGNATURES ON NEXT PAGE
IN WITNESS THEREOF,the parties agree to this amendment to be executed, DATED this
day of ,20
JEFFERSON COUNTY WASHINGTON OLYMPIC COMMUNITY ACTION
Board of County Commissioners PROGRAMS
Jefferson County, Washington
By:
By: Cherish Cronmiller, Executive Director
Greg Brotherton,Chair Date
Date
By:
l leidi Eisenhour,Commissioner Date
By:
Kate Dean, Commissioner Date
ATTEST:
Carolyn Galloway, CMC Date
Clerk of the Board
Approved as to form only:
July 3, 2023
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
i
ATTACHMENT A— SCOPE OF WORK AND BUDGET
Grantee Jefferson County
Contract No. 20-6221C-114
Section A: Project Description/ Deliverable
Jefferson County is awarded a$100,000 CDBG-CV grant. Of these funds,the County will make$87,000 of CDBG-CV funds available to Olympic Community Action
Programs as a grant subrecipient.These funds will result in increased CDBG eligible public services for the Jefferson County CDBG-CV consortium service area,to help
stabilize eligible households impacted by COVID-19. Combined with the County's CDBG-CV1 and CDBG-CV2 awards of$119,163 and$102,385,the CDBG-CV Grant
totals$321,548.This amended Scope of Work applies to the combined total award.
Eligible public services will benefit a combined total of approximately 350 persons and target services limited to clientele with principally low-and moderate- incomes based
on LMI household qualification process. CDBG-CV funded activities will prevent, prepare for, and respond to coronavirus.
Section B: Project Activities, Milestones and Budget
CDBG-CV Budget Budget Project Activities Performance Milestones
Code Amount
21A—General $19,000 • Execute grant contract with Commerce. Before first payment request
Admin. • Verify the subrecipient does not have an active exclusion record in the federal award
system (SAM.gov), include documentation in the CDBG file,and submit a copy to
Commerce.
• Establish a subrecipient agreement that includes the quarterly beneficiary reporting
requirement.Submit a signed copy to Commerce.
• Establish administrative,financial, reporting, and record keeping systems, including a
system to prevent.
Payment requests: Not more than monthly.
• Review subrecipient reimbursement requests and project costs and invoices against
project budget and contract start date. First payment request within
• Document local government's CDBG-CV general administration costs. 270 days from contract
• Once costs are approved, prepare and submit payment request and project status execution.
report to Commerce.
• Document receipt of grant funds and reimbursement of eligible costs.
• Submit a CDBG-CV Beneficiary Report within 30 days of end of each calendar quarter. 1/31, 4/30, 7/30,10/31
• Complete applicable civil rights requirements. Prior to Commerce's on-site
• Conduct an on-site monitoring of the subrecipient to verify the grant is used according monitoring.
to CDBG-CV requirements and all costs reimbursed are allowable.
Section B: Project Activities, Milestones and Budget Continued
• Resolve all monitoring issues with CDBG-CV Before requesting final 5% of
• Accomplish all grant activities. CDBG-CV award.
• Conduct a final public hearing to review project performance.
• Submit a CDBG-CV Contract Closeout Report.
• List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and Before audit.
arrange audit with the State Auditor's Office to meet the Uniform Guidance(2 CFR Part
200).
05X/05Q $19,093.44 • Complete the environmental review and prepare an environmental review record in Approx. 100 persons receive
Public Services compliance with NEPA requirements for CDBG-CV. direct services by 12/30/2023
• Develop and establish CDBG-CV program's policies and procedures, including CDBG
income qualification,COVID- 19 impact verification, prevent duplication of benefits,
and beneficiary reporting requirements.
• Deliver the direct services identified in the CDBG application through the Olympic
Community Action.
• Allocate and manage public services funds as established in the approved subrecipient
agreement and budget,and prevent duplication of benefits.
• Meet the CDBG national objective of principally benefiting low-and moderate-income
persons.
•Accomplish HUD's outcome of increasing the availability and accessibility of services to
achieve HUD's objective of creating suitable living environments.
03T— $283,454.56 . Deliver the direct services identified in the CDBG-CV application with help from Olympic Approx. 250 LMI persons
Homeless/Aids Community Action Programs. receive direct services by
Patients Programs • Allocate and manage public services funds as established in the approved subrecipient 12/30/2023
agreement and budget,and prevent duplication of benefits.
• Meet the CDBG national objective of principally benefiting low-and moderate-income
persons.
•Accomplish HUD's outcome of increasing the availability and accessibility of services to
achieve JUD's objective of creating suitable living environments.
TOTAL: $321,548
DocuSign Envelope ID:37100F01-F04E-4B28-A283-428D9EB23910
Contract Number: 20-6221C-114
Amendment Number: C
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
CDBG-CV1 and CDBG-CV2
1.Grantee 2.Grantee Doing Business As(optional)
Jefferson County
PO Box 1220 N/A
Port Townsend,WA 98368
3.Grantee Representative 4. COMMERCE Representative
Michael Mark Stacey Voigt, Project Manager
Grant Administrator PO Box 42525/1011 Plum Street SE,Olympia,WA 98504
360.385.9232 Stacey.Voigt@ccmmerce.wa.gov
mmark@co.jefferson.wa.us
5.Original Grant Amount 6.Amendment Amount 7.Currant Grant Amount Amount
$119,163 $202,385 $321,548
8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date
Federal: v State: ` Other: Date of Execution 06/30/2023
9. Federal Funds Federal Agency: CFDA Number
$321,548 U.S. Department of Housing and Urban Development(HUD) 14.228
12.Amendment Purpose:
Additional funds awarded in the amount of$100,000.$13,000 of which to be allocated to 21A and remaining$87,000 to
03T.
COMMERCE,defined as the Department of Commerce, and the Grantee,as defined above,acknowledge and accept the
terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of
the date and year referenced above. The rights and obligations of both parties to this Grant AsAmended are governed by
this Grant Amendment and the following other documents incomorated by reference: Grant Te-ms and Conditions including
Attachment'A"—Scope of Work and Budget.A copy of this Grant Amendment shall be attached to and made a part of the
original Grant between COMMERCE and the Grantee.Any reference in the original Grant to the"Grant'shall mean the"Grant
as Amended".
FOR GRANTEE FOR COMMERCE
E D� S gned by:
IDoeuSgned by
15 '
8031280486t
Mark McCauley Mark K. Barkley,Assistant Director
County Administrator Local Government Division
2/23/2023 1 4:44 PM PST 2/24/2023 1 10:42 AM PST
Date Date
APPROVED AS TO FORM ONLY
Sandra Adix,Assistant Attorney General
3/20/2014 -
Date
DoouSign Envelope ID:37100F01-F04E-4B28-A283-428D9EB23910
ATTACHMENT A—SCOPE OF WORK AND BUDGET
Grantee: Jefferson County
Contract No. 20-6221C-114
Amendment C
Section A: Project Description/Deliverable
Jefferson County is awarded an additional$100,000 in CDBG-CV grant funds. Of these funds,the County will make$87,000 available to Olympic Community
Action Programs as a grant subrecipient for Homeless Services.Jefferson County will reserve$13,000 for administration and subrecepient monitoring of Oly
Cap.These funds will result In new and increased CDBG eligible public services for the Jefferson County CDBG-CV consortium service area,to help stabilize
eligible households impacted by COVID-19.Combined with the County's CDBG-CV1 and CV2 award of$221,548,total CDBG-CV grant funds will be$321,548.
This amended Scope of Work applies to the combined total award.
Eligible public services will benefit a combined total of approximately 350 persons and target services to limited clientele with principally low-and moderate-
incomes based on a LMI household qualification process. CDBG-CV funded activities will prevent,prepare for,and respond to coronavirus.
Section B: Project Activities, Milestones and Budget
CDBG Budget Project Activities Performance
Budget Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones
21A General $19,000 • Execute grant amendment with Commerce. Before first payment
Admin. ■ Verify the subrecipient does not have an active exclusion record in the federal award system(SAM.gov), request
include documentation in the CDBG file,and submit a copy to Commerce.
■ Establish/amend a subrecipient agreement that[includes the quarterly beneficiary reporting
requirement. Submit a signed copy to Commerce.
• Establish administrative,financial,reporting,and record keeping systems,including a system to prevent
duplication of benefit.
Payment requests: Not more than monthly
• Review subrecipient reimbursement requests and project costs and invoices against project budget and
First payment request
contract start date.
• Document local government's CDBG general administration costs. within 270 days from
■ Once costs are approved,prepare and submit payment request and project status report to Commerce. contract execution
• Document receipt of grant funds and reimbursement of eligible costs.
■ Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter. 1/31,4/30,7/31,10/31
■ Complete applicable civil rights requirements. Prior to Commerce's
■ Conduct an on-site monitoring of the subrecipient to verify the grant is used according to CDBG on-site monitoring
requirements and all costs reimbursed are allowable.
• Resolve all monitoring issues with state CDBG program. Before requesting final
• Accomplish all grant activities. 5%of CDBG award
■ Conduct a final public hearing to review project performance.
• Submit a CDBG Contract Closeout Report.
■ List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an audit Before audit
with the State Auditor's Office to meet the Uniform Guidance(2 CFR Part 200).
DocuSign Envelope ID:37100F01-F04E-4B28-A283-428D9EB23910
Section B: Project Activities,Milestones and Budget(continued)
CDBG Budget Project Activities Performance
Budget Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones
05 Public • Complete the environmental review and prepare an environmental review record in compliance with
Services NEPA requirements for CDBG.
• Develop and establish CDBG-CV program's policies and procedures,including CDBG income qualification,
COVID-19 impact verification,prevent duplication of benefits,and beneficiary reporting requirements.
05Q ■ Deliver the direct services identified in the CDBG application through the Olympic Community Action Approx.50 LMI persons
Subsistence Partnership.
Payments $19,093.44 . Allocate and manage public services funds as established in the approved subrecipient agreement and receive direct services
budget,and prevent duplication of benefits. by 6/30/2023
■ Meet the CDBG national objective of principally benefiting low-and moderate-income persons.
■ Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's
objective of creating suitable living environments.
■ Deliver the direct services Identified in the CDBG-CV application with help from Olympic Community
Action Programs.
■ Allocate and manage public services funds as established in the approved subrecipient agreement and Approx.350 LMI
03T Homeless budget,and prevent duplication of benefits.
persons receive direct
Services $283,454.56 . Meet the CDBG national objective of principally benefiting low-and moderate-income persons. services by 6/30/2023
■ Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's
objective of creating suitable living environments.
TOTAL: $321,548
DocuSign Envelope ID:796034BE-CF8A-4C23-9437-22553BD9E913
DocuSign Envelope ID D033420D-020D-4F20-9D6D-8F32931BF668
0 a Amendment Face Sheet
�a►�( �Nnnxtt•�•
Contract Number 20-6221C-114
Amendment Number: D
Washington State Department of Commerce
Local Government Division
Community Development&Assistance
CDBG-CV1 and CDBG-CV2
1.Grantee 2.Grantee Doing Business As(cptional)
Jefferson County Auditor N/A
PO BOX 563
PORT TOWNSEND,WA 98368-0563
3.Grantee Representative 4.COMMERCE Representative
Judy Shepherd, Chief Accountant Lanee Egolf, Project Manager
(360)385-9383 PO Box 42525/1011 Plum St SE,Olympia,WA 98504-2525
jhepherd@co.jefferson.wa.us (360)725-3058 1 lanee.egolf@commerce.wa.gov
5.Original Grant Amount 6.Amendment Amount 7. New Grant Amount
$321,548.00 N/A N/A
8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date
Federal: ✓ State: Other: Date of Execution 12/30/2023
11.Federal Funds(as applicable): Federal Agency: CFDA#
$321,548.00 U.S. Department of Housing 14.228
and Urban Development
12.Amendment Purpose: Six(6)month extension to provide more time to spend down.
COMMERCE,defined as the Department of Commerce,and the Grantee, as defined above, acknowledge and
accept the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date
below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant As
Amended are governed by this Grant Amendment and the following other documents incorporated by reference:
Attachment"A"—Scope of Work and Budget for Amendment D.A copy of this Grant Amendment shall be attached
to and made a part of the original Grant between COMMERCE and the Grantee.Any reference in the original Grant
to the"Grant"shall mean the"Grant as Amended".
FOR GRANTEE FOR COMMERCE
o«usgn"by:
ark McCauley. C y Administrator Mark K. Barkley,Assistant Director
Local Government Divisior
;2 6/27/2023 1 11:53 AM PDT
Date Date
APPROVED AS TO FORM ONLY
Sandra Adix
Assistant Attorney General
3/20/2014
Date
DocuSign Envelope ID.796034BE-CF8A-4C23-9437-22553BD9E913
DocuSign Envelope ID:D033420D-02OD-4F20-9D6D-8F32931BF668
ATTACHMENT A—SCOPE OF WORK AND BUDGET
Grantee: Jefferson County
Contract No. 20-6221C-114
Amendment D Time Extension
Section A: Project Description/Deliverable
Jefferson County is awarded an additional$100,000 In CDBG-CV grant funds. Of these funds,the County will make$87,000 available to Olympic Community
Action Programs as a grant subrecipient for Homeless Services.Jefferson County will reserve$13,000 for administration and subrecepient monitoring of Oly
Cap,These funds will result in new and increased CDBG eligible public services for the Jefferson County CDBG-CV consortium service area,to help stabilize
eligible households impacted by COVID-19.Combined with the County's CDBG-CVI and CV2 award of$221,548,total CDBG-CV grant funds will be$321,548.
This amended Scope of Work applies to the combined total award.
Eligible public services will benefit a combined total of approximately 350 persons and target services to limited clientele with principally low-and moderate-
incomes based on a LMI household qualification process. CDBG-CV funded activities will prevent,prepare for,and respond to coronavirus.
Section B: Project Activities,Milestones and Budget
CDBG Budget Project Activities Performance
Budget Code Amount 'Must complete each bulleted project activity to meet the corresponding milestone. Milestones
21A General $19,000 • Execute grant amendment with Commerce. Before first payment
Admin. ■ Verify the subrecipient does not have an active exclusion record in the federal award system(SAM.gov), request
include documentation in the CDBG file,and submit a copy to Commerce.
• Establish/amend a subrecipient agreement that[includes the quarterly beneficiary reporting
requirement. Submit a signed copy to Commerce.
• Establish administrative,financial,reporting,and record keeping systems,including a system to prevent
duplication of benefit. —
Payment requests: Not more than monthly
■ Review subrecipient reimbursement requests and project costs and invoices against project budget and
First payment request
contract start date.
• Document local government's CDBG general administration costs. within 270 days from
• Once costs are approved,prepare and submit payment request and project status report to Commerce. contract execution
■ Document receipt of grant funds and reimbursement of eligible costs.
• Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter. 1/31,4/30,7/31,10/31
■ Complete applicable civil rights requirements. Prior to Commerce's
■ Conduct an on-site monitoring of the subrecipient to verify the grant is used according to CDBG on-site monitoring
requirements and all costs reimbursed are allowable.
■ Resolve all monitoring issues with state CDBG program. Before requesting final
■ Accomplish all grant activities. 5%of CDBG award
• Conduct a final public hearing to review project performance.
• Submit a CDBG Contract Closeout Report.
■ List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an audit Before audit
with the State Auditor's Office to meet the Uniform Guidance(2 CFR Part 200).
DocuSign Envelope ID:796034BE-CFBA-4C23-9437-22553BD9E913
DocuSign Envelope ID:D033420D-0200-4F20-9DrD-8F32931BF66B
Section B: Project Activities, Milestones and Budget(continued)
CDBG Budget Project Activities Performance
Budget Code Amount 'Must complete each bulleted project activity to meet the corresponding milestone. Milestones
05 Public • Complete the environmental review and prepare an environmental review record in compliance with
Services NEPA requirements for CDBG.
• Develop and establish CDBG-CV program's policies and procedures,including CDBG income qualification,
COVID-19 impact verification,prevent duplication of benefits,and beneficiary reporting requirements.
05Q . Deliver the direct services identified in the CDBG application through the Olympic Community Action Approx.50 LMI persons
Subsistence Partnership.
Payments $19,093.44 . Allocate and manage public services funds as established in the approved subrecipient agreement and receive direct services
budget,and prevent duplication of benefits. by 12/30/2023
■ Meet the CDBG national objective of principally benefiting low-and moderate-income persons.
• Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's
objective of creating suitable living environments.
• Deliver the direct services identified in the CDBG-CV application with help from Olympic Community
Action Programs.
• Allocate and manage public services funds as established in the approved subrecipient agreement and Approx.350 LMI
03T Homeless budget,and prevent duplication of benefits. persons receive direct
$283,454.56 . Meet the CDBG notional objective o services by 12/30/2023
Services j f principally benefiting low-and moderate-income persons.
• Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's
objective of creating suitable living environments.
TOTAL: $321,548
DocuSign Envelope ID:796034BE-CF8A-1C23-9437-22553BD9E913
DocuSign Envelope ID:D033420D-020D 4F20-906D-8F32931BF66B
. !• Washington State
• . Department of
onimerce
For Commerce Internal Use Only
Name/Title
Routing Step Action
Section Manager E�v
1 (approval)
6/22/2023 1 12:09 PN PDT
Budget Authorization 2 (approval) C�
6/22/2023 1 12:10 PN PDT
Program Manager 1 (cc) N/A
Grantee Contact 3 (cc) N/A
Grantee Signatory 3 (signature) See Facesheet
os
CDA Managing Director 4 (approval) ML
/26/2023 1 1:18 PM PDT
as
Deputy Assistant Director 5 (approval) Tf�
/27/2023 1 7:17 AM PDT
Assistant Director 6 (signature) See Facesheet
- 1'v ��
Amendment No. 1 —Subrecipient Agreement Between Jefferson County and Olympic
Community Action Programs
This Amendment No. 1 is to increase the CDBG-CV grant award to Olympic Community Action
Programs in accordance with the CDBG-CV Grant Award Amendment.
WHEREAS,on February 16,2021,the Jefferson County Board of Commissioners approved a
subrecipient agreement with Olympic Community Action Programs(OlyCAP)for$116,163;
WHEREAS,on December 22,2021,Jefferson County received a fully executed Amendment to
the original CDBG-CV contract,20-6221C-114,with Washington State Department of Commerce for an
additional$102,385 and extended the ending date to June 30,2023;
WHEREAS,as indicated by the Amendment—Attachment A Scope of Work and Budget,
Jefferson County will retain an additional $3,000 for grant administration;
WHEREAS,the portion of the Amendment increases the direct public services available grant
amount by$99,385,totaling$215,548,and extends the agreement ending date to June 30,2023.
THEREFORE,the both parties agree to amend the Agreement as follows:
BUDGET
The Amendment to the grant award is an additional$102,M5.This increases the grant award to$221,548.
The Local government will retain an additional$3,000 of the Amendment for grant administration,
totaling$6,000;and the Local Government will pass through to the Subrecipient no more than $215,548
in CDBG funds for eligible incurred costs and expenses for the Project. This Amendment extends to June
30,2023, per the contract ending date.
SIGNATURES ON NEXT PAGE
IN WITNESS„�EREOF, the arties agree to this amendment to be executed, DATED this
day of G 20��C.
JEFFERSON COUNTY WASHINGTON
OLYMPIC COMMUNITY ACTION �
PROGRAMS
Board of County Commissioners
Jefferson County, Washington
By: Z-- 7� h L By: '
Heidi Eisenh ur, Chair Date Cherish Gonmiller, Executive Director
/�h Z Date: 2� -
By: -
Greg rotherton, Commissioner Date
By: ��i) 7AS/ Z
Katk Dea , sioner Date
SEAL: -
ATTEST:
is/zz
Carolyn allowav — Date
Clerk of the Board
Appruvcd as to form only
! J. 0
u June 27, 2022
Philip C. I unsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley,County Administrator
FROM: Judy Shepherd, Finance Manager
DATE: July 5,2022
SUBJECT: CDBG-CV Subrecipient Agreement- Olympic Community Action
Programs
STATEMENT OF ISSUE:
CDBG-CV1 and CV2, Contract 20-6221C-114, was amended to increase the grant amount by $102,385 and
extend the ending date to June 30, 2023. The agreement with WA Dept of Commerce was fully executed on
12/22/2021.
ANALYSIS:
An Amendment to the Subrecipient Agreement with Olympic Community Action Programs(OlyCAP)to
include the additional amount,revising the total to $215,548 for the agreement and extending the ending
date to June 30, 2023.
FISCAL IMPACT:
Increase the revenue and expenditure budgets to reflect the Amendment.
RECOMMENDATION:
The Board of County Commissioners accept the proposed Amendment No. 1 to the Subrecipient Agreement
with OlyCAP to match the Dept of Commerce amended grant award contract.
REVIEWED BY:
/?47 1Z Z
Mark McCaul , County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: OLYMPIC COMMUNITY ACTION PROGRAMS Contract No: cnq 01S(f R
Contract For: CDBG Subrecipient Agreement Term: Ending 6/30/2023
COUNTY DEPARTMENT: Grants Admlmstra:ion-BoCC
Contact Person: Judy shepherd
Contact Phone- 360-395-9291
Contact email: Ifshepherd@co jenerson wa us
AMOUNT: Amendment to total$215,548 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching funds Required: No Small Works Roster
Sourccs(s)of Matching Funds Vendor List Bid
Fund # 123 RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP I: DEPARTMENT CERTIFIES COI<1P NCE WITH 4CC 3.55.080 ANDM;ten7
4 .
CERTIFIED: ❑� N/A:0 _ __
gnature
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BV ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: R1 N/A:
Si aturc 15ate
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/27/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronics lh through Laserfiche):
Electronically approved as to form by PAO on 6/27/2022.
(1) Contract Amendment- please put the contract amendment first following
the agenda request. Otherwise it takes much longer to review. (2) In future,
please add a provision that makes clear that no other provisions are being
changed ("All other provisions remain unchanged")
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS -1.0 RISK MANAGEMENT AND
PROSECUTING ATTORNEV(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
I
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c L A LID SUBRECIPIENT AGREEMENT
CS BETWEEN
.1-
Jefferson County and Olympic Community Action Programs
a
This Agreement is made between Jefferson County(herein called the Local Government)and Olym-
pic Community Action Programs a.k.a. OlyCAP(herein called Subrecipient)for the public services to p
stabilize eligible households impacted by COVID-19(herein called the Project).
As the Washington State Department of Commerce (Commerce) is authorized by the federal De-
partment 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, regula-
tions and policies; and
As the Local Government has applied for and received a CDBG award,contract number 20-6221C-114
(CFDA 14.228),to fund the Project with Federal Award Identification Number B-20-DW-53-0001; and
As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work
and the objectives of the local CDBG project,-
The parties agree that:
1. SCOPE OF SERVICES
A. Local Government Responsibilities
The Local Government is responsible for administration of the CDBG contract, and ensuring
CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)]and its
CDBG contract with Commerce referenced above.The Local Government will provide such assis-
tance and guidance to the Subrecipient as may be required to accomplish the objectives and
conditions set forth in this Agreement.
The Local Government will provide general administration as provided in Attachment A-
Scope of Work and Budget,Section B:21A General Admin attached to this agreement.
B. Subrecipient Responsibilities
The Subrecipient will complete in a satisfactory and proper manner as determined by the Lo-
cal Government per the attached Attachment A-Scope of Work and Budget Section B:
05XI05Q Public Services tasks to accomplish the objectives of principally benefiting low-and
moderate-income persons.The Subrecipient will periodically meet with the Local Govern-
ment 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 re-
mains in control of CDBG funds or other CDBG assets.
3. AGREEMENT REPRESENTATIVES
Each party to this Agreement shall have a representative. Each party may change its repre-
sentative 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
A. Local Government :
Name of Representative: Philip Morley
Title: County Administrator
Mailing Address: PO Box 1220
City,State and Zip Code: Port Townsend,WA 98368
Telephone Number: (360)385-9100
Fax Number: (360)385-9382
E-mail Address: pmorley@co.jefferson.wa.us
4. BUDGET
The total grant award is$119,163.The local government will retain $3,000 for grant ad-
ministration and the Local Government will pass through to the Subrecipient no more than
$116,163 in CDBG funds for eligible incurred costs and expenses for the Project. The Subrecip-
ient shall follow the budget approved by Commerce and the Local Government,attached to
this Agreement(Attachment A).The Local Government may require a more detailed budget
breakdown,and the Subrecipient will 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 Gov-
ernment. 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"shall mean all direct salaries and wages,applicable fringe ben-
efits, 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 pro-
cedures 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 doc-
umentation 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 sup-
plement 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 regula-
tions and restrictions normally associated with federally-funded programs and any other re-
quirements that the State may prescribe.
6. PERFORMANCE MONITORING
The Local Government will monitor the performance of the Subrecipient by tracking project
progress, reviewing payment requests for applicable costs, managing the timely pass-through
of CDBG funds,overseeing compliance with CDBG requirements, and ensuring recordkeeping
and audit requirements are met.Substandard performance as determined by the Local Gov-
ernment will constitute noncompliance with this Agreement.
If action to correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Local Government,contract suspension
or termination procedures will be initiated.
7. SPECIAL CONDITIONS
Prevent Duplication of Benefit
The CARES Act provides that there are adequate procedures in place to prevent any duplication
of benefit as required by section 312 of the Robert T.Stafford Disaster Relief and Emergency As-
sistance Act(42 U.S.C.5155), as amended by section 1210 of the Disaster Recovery Reform Act of
2018(division D of Public Law 115-254; 132 Stat. 3442). HUD requires each Grantee(and subre-
cipient) have procedures to prevent the duplication of benefits when it provides financial assis-
tance with CDBG-CV funds. Federal disaster law prohibits the provision of federal assistance in
excess of need. Before paying a cost with federal disaster assistance,the Grantee(and subrecipi-
ent) must check to see that the assistance will not cause a duplication of benefits, meaning that
the cost has not or will not be paid by another source.Any person or entity(including subrecipi-
ents) receiving CDBG-CV assistance must agree to repay assistance that is determined to be du-
plicative; and to assess whether the use of CDBG-CV funds will duplicate financial assistance al-
ready received or is likely to be received by acting reasonably, Grantees(and subrecipients) must
have a method to evaluate need and the resources available to meet that need. CDBG-CV fund-
ed activities will prevent, prepare for,and respond to the coronavirus.
8. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with:
• The requirements of Title 24 of the Code of Federal regulations, 570(HUDregula-
tions concerning CDBG);and
• All other applicable Federal,State and Local laws, regulations, and policies,gov-
erning the funds provided under this Agreement.
B. CDBG National Objective
The Subrecipient certifies the activities carried out under this Agreement meet a CDBG
Program National Objective defined in 24 CFR 570.208.
C. Independent Contractor
Nothing contained in this Agreement is intended to,or will be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Subrecipient will at all times remain an "independent contractor"with respect to
the services to be performed under this Agreement.The Local Government will be ex-
empt from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Workers'Compensation Insurance,as the Subrecipient is an in-
dependent contractor.
D. Hold Harmless
The Subrecipient will hold harmless,defend and indemnify the Local Government from
any and all claims,actions,suits,charges and judgments whatsoever that arise out of the
Subrecipient's performance or nonperformance of the services or subject matter called
for in this Agreement.
E. Workers'Compensation
The Subrecipient will provide Workers'Compensation Insurance Coverage for all of its em-
ployees involved in the performance of this Agreement.
F. Insurance and Bonding
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 li-
ability coverage for all owned and non-owned vehicles assigned to or used in the perfor-
mance of the work for a combined single limit of not less than$500,000 each occurrence
with the County named as an additional insured in connection with the Subrecipient's per-
formance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one mil-
lion 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 opera-
tions;
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 institu-
tion.
Certificates of coverage as required by this section shall be delivered to the Local Govern-
ment within fifteen (15)days of execution of this agreement.
The Subrecipient shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Subrecipient to take out and/or maintain any required insurance shall not re-
lieve the Subrecipient from any liability under the Agreement, nor shall the insurance re-
quirements be construed to conflict with or otherwise limit the obligations concerning in-
demnification.
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 in-
surance. 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 Subrecipi-
ent 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 pol-
icy 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 in-
sured"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 obliga-
tion 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 other-
wise be due to the Subrecipient.
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 la-
beled 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 un-
der 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 obliga-
tions under this Agreement.
I. Suspension or Termination
In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate
this Agreement if the Subrecipient materially fails to comply with any terms of this
Agreement,which include(but are not limited to)thefollowing:
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 direc-
tivesas 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 or 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 de-
termines 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 entire-
ty.
9. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to
the accounting principles and procedures required therein, utilize adequate
internal controls,and maintain necessary source documentation for all costs
incurred.
2. Cost Principles
The Subrecipient will administer its program in conformance with 2 CFR 200.These
principles will be applied for all costs incurred whether charged on a direct or indirect
basis.
3. Duplication of Costs
The Subrecipient certifies that work to be performed under this Agreement does not
duplicate any work to be charged against any other contract, subcontract or other
source.
B. Documentation and Record Keeping
1. Records to Be Maintained
The Subrecipient will maintain all records required by the Federal regulations specified in
24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and
those records described in the CDBG Management Handbook.Such records will include but
not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or dispositionof
real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the civil rights components of theCDBG
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 ap-
plicable Federal,State and Local laws and regulations applicable to CDBG-funded con-
struction projects;and
h. Other records necessary to document compliance with Subpart K of 24 CFR570.
2. Access to Records and Retention
The grantee,Commerce, and other authorized representatives of the state and federal
governments shall have access to any books, documents, papers and records of the Subre-
cipient that are directly pertinent to this Agreement for the purposes of making audit, ex-
amination, excerpts and transcriptions.
All such records and all other records pertinent to this Agreement and work undertaken un-
der 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 with-
holding 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 cur-
rent Local Government policy concerning Subrecipient audits and 2 CRF 200.501.The Cata-
log 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
atthe time of expiration,cancellation,or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part,with funds under this Agreement in excess of$25,000 will be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten
(10) years after the contract between Commerce and the Local Government is
closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that
meets a CDBG National Objective for this 10-year period of time, the Subrecipient
will pay the Local Government an amount equal to the current fair market value of
the property less any portion of the value attributable to expenditures of non-CDBG
funds for acquisition of,or improvement to,the property after the CDBG program's
approval. Such payment will constitute program income to the Local Government.
The Subrecipient may retain real property acquired or improved under this Agree-
ment after the expiration of the ten-year period.
3. In cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold,the proceeds will be program income. Equipment not needed by
the Subrecipient for activities under this Agreement will be (a) transferred to the
Local Government for CDBG-eligible activities as approved by the CDBG program or
(b) retained after compensating the Local Government.
10. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Title VI of the Civil Rights Act of 1964:
Under Title VI of the Civil Rights Act of 1964, no person will,on the grounds of race,
color, creed, religion,sex or national origin, be excluded from participation in, be de-
nied 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 dis-
crimination 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 rea-
son 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.
8. 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 ex-
tent feasible opportunities for training and employment be given lower-income
residents of the project area; and contracts for work in connection with the pro-
ject be awarded to business concerns which are located in, or owned in substan-
tial 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 under-
standing, if any,a notice advising the said labor organization or workers'representa-
tive of his commitments under this Section 3 clause and will post copies of the no-
tice 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 up-
on a finding that the subcontractor is in violation of regulations issued by the Secre-
tary of HUD,24 CFR 135.The Subrecipient will not subcontract with any subcontrac-
tor 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 subcontrac-
tor has first provided it with a preliminary statement of ability to comply with the re-
quirements of these regulations.
5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135,
and all applicable rules and orders of HUD and Commerce issued hereunder prior to
the execution of the contract,will be a condition of the federal financial assistance
provided to the project, binding upon the applicant or recipient for such assistance, its
successors, and assigns. Failure to fulfill these requirements will subject the applicant,
or recipient, its consultants and subcontractors, its successors and assigned to those
sanctions specified by the grant or loan agreement or contract through which federal
assistance is provided,and to such sanctions as are specified by 24 CFR 135.
C. Conduct
1. Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without the pri-
or written consent of the Local Government thereto; provided, however,that claims for
money due or to become due to the Subrecipient from the Local Government under this
contract may be assigned to a bank,trust company,or other financial institution without
such approval. Notice of any such assignment or transfer will be furnished promptly to the
Local Government and Commerce.
2. Conflict of Interest
No member of the Local Government's governing body and no other public official of
such locality,who exercises any functions or responsibilities in connection with the
planning or carrying out of the project, will have any personal financial interest,direct
or indirect, in this Agreement; and the Subrecipient will take appropriate steps to as-
sure compliance.
The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR
570.611, which includes maintaining a written standard code of conduct that will
govern the performance of its officers,employees or agents engaged in the award
and administration of contracts supported by Federalfunds.
The Subrecipient covenants that its employees have no interest and will not acquire in-
terest,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 here-
under. The Subrecipient further covenants that in the performance of this Agreement,
no person having such interest will be employed.
3. Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
a. The lower tier contractor certifies, by signing this contract that neither it nor
its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this trans-
action by any Federal department or agency.
b. Where the lower tier contractor is unable to certify to any of the statements in
this contract,such contractor will attach an explanation to thiscontract.
D. Copyright
If this Agreement results in any copyrightable material or inventions,the Local Govern-
ment 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 in-
struction,or prose lytization.
11. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement will not be af-
fected thereby and all other parts of this Agreement will nevertheless be in full force and effect.
12. PERFORMANCE WAIVER
The Local Government's failure to act with respect to a breach by the Subrecipient does not
waive its right to act with respect to subsequent or similar breaches.The failure of the Local
Government to exercise or enforce any right or provision will not constitute a waiver of such
right or provision.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Local Government and the Sub-
recipient for the use of funds received under this Agreement and it supersedes all prior commu-
nications and proposals,whether electronic,oral,or written between the Local Government and
the Subrecipient with respect to this Agreement.
The attachment to this Agreement is identified as Attachment A:Scope of Work and Budget and
the CDBG-CV Interagency Grant Agreement between Commerce and the CDBG-CV grantee.
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: Title: EX e-c.,o
Date: 2/l /2t�2 j Date: 7—
Z19 2
Approved As To Form:
Appr ed as ro for I
. �. Date: IgAltorney
Huns cker,ChiefCivilDeputyPr se l
Jefferson County Proseculing Attorneys Ofce
,s #. Washington State
Department of
�i►� Commerce
Interagency Grant Agreement with
Jefferson County
through
Community Development Block Grant Program
CDBG - Coronavirus (CDBG-CV1)
For
Activities to prevent, prepare for, and respond to coronavirus in
partnership with local service providers for the CDBG-CV1
consortium area.
Start date: 3/27/2020
TABLE OF CONTENTS
Special Terms and Conditions
21. Definitions..............................................................................................................
. Authority.............................................................................................
3 Acknowledgement of Federal Funding """"""""'
4. Acquisition And Disposition Of Assets................... 1
5 Audit.... ... ... ............1
6. Billing Procedures and Pa
yment............................................................................2
7. Closeout........................ '.......................................................
8. Compensation .......3
Ceb nsation..............................................................
9. Debarment ..........................................
.......................................................
10. 3
Environmental Review . ...... .................................................
11. Indirect Costs............ """"""""""'
...............:..........I........5
12. Grant Management............. 5
13. Historical Or Cultural Artifacts, Human Remains...................................................5
14. Insurance................ ...
15. Laws. . .................. .............5
.........................................................
16. Performance Reporting............................. 5
17.
...............................................
Program Income................. 5
18. Prohibition on Certain Funds Transfers....................
19. Subcontractor Data Collection.......... """"""""..6
...................................................................
20. Subcontracts for Engineering Services.....................................
21. 6
Order of Precedence............
General Terms and Conditions
1• Definitions.
2. All Writings Contained Herein..................
7
3. Amendments.....................
4.
Assignment.................
..............................................................
5. Confidentiality and Safeguarding of Information......................
6. 8Copyright.......7. ..............................................................................
Disputes.........................................................................................................
8. Governing Law and Venue ""
9. 8
Indemnification10, ...................
Licensing,Accreditation and Registration..............
11. ...............................................8
Recapture.....................................................
..................9
12. Records Maintenance..............
13. Savings. ... .. ................. ........................................................................9
................................................................
14. Severability 9
...............................................................
15. 9
Subcontracting....................................................
16. 9
Survival....................................... 10
... ..
17. Termination for Cause . ...........................................................
18. Termination for Convenience...........................
19. Termination Procedures .......................................................................
20. Treatment of Assets.... 1................................................................
11
21.
Waiver. .......
Attachment A, Scope of Work and Budget
Attachment B, Letter to Incur Costs
•
FACE SHEET
Contract Number: 20-6221C-114
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
CDBG-Coronavirus(CDBG-CVI)
1.Grantee 2.Grantee Doing Business As(optional)
Jefferson County NA
PO Box 1220
Port Townsend,WA 98368
3.Grantee Representative 4.COMMERCE Representative
Judy Shepherd,Chief Accountant Katrina Kahler-Wilson,Project Address:
Phone: 3603859231 Manager PO Box 42525
Email: jshepherd@co.jefferson.wa.us Phone:(360)464-0695 101 l Plum Street SE
Fax:(360)586-8440 Olympia,WA 98504
katrina.kahler-
wi l son@commerce.wa.gov
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date
$119,163 Federal: ® State:❑ Other:❑ N/A: ❑ 3/27,12020 1/31/2023
9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if applicable):
$119,163 U.S.Department of Housing 14.228 N/A
And Urban Development
HUD
10.Tax ID# 11.SWV# 12. U B I# 13. DUNS#
91-6001322 0002430-28 161-001-169 179278197
14.Grant Purpose
Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers for the CDBG-CV 1
consortium area. A full description of the project is in Attachment"A"Scope of Work and Budget.
15.Signing Statement
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 and warrant
they are authorized to bind their respective agencies.The rights and obligations of both parties to this Grant are governed by this Grant
and the following documents hereby incorporated by reference: Grant Terms and Conditions including Attachment"A"—Scope of
Work and Budget, Attachment "B" — Letter to incur Costs (if applicable), and the following documents incorporated herein by
reference: Grantee's application for funding and the Community Development Block Grant policies and procedures, prepared by
Commerce.
FOR FOR COMMERCE
r
i P mor , utrI� fK7M1,1i*14X-1r Mark K. Barkley,Assistant Director
Jefferson County Local Government Division
Date Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 07/1712019.
APPROVAL ON FILE.
iii
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
I. 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 Community Development Block Grant—Coronavirus Response(CDBG-CV)grants are funded by
the Coronavirus Aid, Relief,and Economic Security(CARES)Act.
C "Low-and moderate-income' shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size.
D. "Subgrantee/Subcontract"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"and"subcontractors' mean subcontractor(s) in any tier.
E. "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.
2. AUTHORITY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
3. ACKNOWLEDGMENT OF FEDERAL FUNDS
Federal Award Date: July 14, 2020
Federal Award Identification Number(FAIN): B-20-DW-53-0001
Total amount of the federal award: $7,720.383
Awarding official: John W. Peters, HUD CPD Director
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 Contract, shall contain the following statements:
"This project was supported by Grant No. B-20-DW-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".
4. 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.
State of Washington Interagency Grant Agreement
Department of Commerce
Page t
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERALFUNDS
1. AUDIT
If the Grantee is a subrecipient and expends$750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit,the Grantee shall:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide(if applicable),and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee is a subrecipient and expends less than$750,000 in federal awards from any and/or all
sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit
requirement.
The Grantee shall send all single audit documentation to auditreviewt�commerce wa ov.
2. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE Representative on a
Washington State Invoice Voucher form not more often 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.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant, including completion of the Environmental Review and the release of funds(if applicable).
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall
be made by COMMERCE.
COMMERCE shall not release the final five (5) percent of the total grant amount until acceptance by
COMMERCE of project completion.
Invoices and End of Fiscal Year
The grantee must invoice end of state fiscal year final invoices for all expenses from the beginning of
the contract through June 30, regardless of the contract start and end date. Commerce will provide
notification of the end of fiscal year due date.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement,and COMMERCE
shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other
source, including grants,for that service.
Prevent Duplication of Benefit
The CARES Act provides that there are adequate procedures in place to prevent any duplication of
benefit as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-254; 132 Stat. 3442). HUD requires each Grantee (and subrecipient)
have procedures to prevent the duplication of benefits when it provides financial assistance with CDBG-
CV funds. Federal disaster law prohibits the provision of federal assistance in excess of need. Before
paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that
the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid
State of Washington interagency Grant Agreement
Department of Commerce Page 2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
by another source.Any person or entity(including subrecipients) receiving CDBG-CV assistance must
agree to repay assistance that is determined to be duplicative;and to assess whether the use of CDBG-
CV funds will duplicate financial assistance already received or is likely to be received by acting
reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources
available to meet that need.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors/subrecipient.
3. CLOSEOUT
COMMERCE will advise the Grantee to initiate closeout procedures when there are no impediments to
closing and the following criteria have been met or soon will be met:
A. All costs have been incurred with the exception of closeout costs and any unsettled third-party
claims against the Grantee. Costs are incurred when goods and services are received or contract
work is performed.
B. The Grantee has held a public hearing to review program performance.
C. The Grantee has submitted the Contract Closeout Report. Failure to submit a report will not
preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest. Any
excess grant amount in the Grantee's possession shall be returned in the event of failure to finish
or update the report.
D. Other responsibilities of the Grantee under this Grant and applicable laws and regulations appear
to have been carried out satisfactorily or there is no further state interest in keeping this Grant open
for the purpose of securing performance
4. COMPENSATION
COMMERCE shall pay an amount not to exceed the amount identified on the Face Sheet of this Grant
for the performance of all things necessary for or incidental to the performance of work as set forth in
Attachment A, Scope of Work and Budget incorporated herein, and by reference the Grantee's
application for funding.
Grantee shall receive reimbursement for travel and other expenses as authorized in advance by
COMMERCE as reimbursable. Grantee shall receive compensation for travel expenses at current state
travel reimbursement rates
5. DEBARMENT
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining,attempting to obtain,or performing a public or private agreement
or transaction, violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, receiving stolen property, making false claims, or obstruction of
justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b)of federal Executive Order 12549; and
iv Have not within a three-year period preceding the signing of this Grant had one or more
public transactions(Federal, State, or local)terminated for cause of default.
State of Washington Interagency Grant Agreement
Department of Commerce Page 3
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred,suspended, proposed for debarment, declared ineligible,or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such contractor shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, Ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
6. ENVIRONMENTAL REVIEW
General Purpose, Housing Enhancement, and Economic Opportunity Grants
Funding in excess of the amount stipulated in Attachment B, Letter to Incur Costs, shall not be
released to a Grantee by COMMERCE until the following conditions implementing 24 CFR part 58 are
met:
A. The Grantee must complete an environmental review of the project and make a finding of
environmental impact.A notice of this finding must be published along with a notice of the Grantee's
intent to request release of funds for the project unless the project is exempt from the publication
requirements as described.The Grantee must allow a seven(7)or fifteen(15)day period for public
review and comment following publication of the notices unless exempt under the National
Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA).
When this review and comment period expires, the Grantee may, after considering any comments
received, submit a request for release of funds to COMMERCE Upon receipt of the request.
COMMERCE must allow- a fifteen (15)- day period for public review and comment. When
COMMERCE's public review and comment period expires, COMMERCE may, after considering
any comments received,formally notify the Grantee in writing of the release of federal funds for the
project.
B. This special condition is satisfied when the Grantee completes the environmental review and
request for release of funds from COMMERCE.The special condition is effectively removed on the
date COMMERCE provides the Grantee with written notice of release of funds.
Microenterprise Assistance,Planning-Only and Public Services Activities
Funding shall not be released to a Planning-Only Activities or Public Services Activities recipient until
the following conditions are met: The Grantee assures that assisted activities are exempt under NEPA
(24 CFR 58.34) and categorically exempt under SEPA (RCW 43.21C.110). The Grantee further
assures that the activities do not come under the purview of any other federal, state, and known local
environmental laws, statutes, regulations or executive orders. In addition, the Grantee assures it will
document, in writing, its determination that each activity or project is exempt and meets the conditions
specified for such exemption under NEPA(24 CFR 58.34(3))(for Planning-Only)or 58.34(4)(for Public
Services)and(SEPA)WAC 197-11-800.
State of Washington Interagency Grant Agreement
Department of Commerce Page 4
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERALFUNDS
7. 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.
8. GRANT MANAGEMENT
The Representative 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.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
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
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
11. LAWS
The Grantee shall comply with all applicable laws, ordinances,codes, regulations,and policies of local,
state,and federal govemments, as now or hereafter amended, including,
• Housing and Community Development(HCD)Act of 1974.
• CDBG regulations in 24 CFR Part 570.
• 2 CFR 200.
• Coronavirus Aid, Relief, and Economic Security Act(CARES Act), Public Law PL 116-136.
• Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for
Community Development Block Grant Program Coronavirus Response Grant, Fiscal Year
2019 and 2020 Community Development Block Grants, and for other Formula Programs,
Docket No. FR-6218-N-01.
12. 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 Grant.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 Grant. Activities funded by this Grant providing
income-qualified direct assistance or direct services under the limited clientele, housing,or job creation
CDBG National Objectives, must submit quarterly beneficiary reports as furnished by COMMERCE.
Failure to submit these reports may result in COMMERCE withholding payment or terminating this
Grant.
13. PROGRAM INCOME
Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used in
accordance with CDBG-CV requirements. The Grantee must maintain records of program income
received and expended, and annually report program income received after closeout of this Grant.
State of Washirgton Interagency Grant Agreement
Department of Commerce Page 5
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
Program Income shall be used to continue the same activities to benefit low- and moderate-income
persons or, with COMMERCE approval, for other activities to benefit low- and moderate-income
persons. Interest earned in excess of$100 on CDBG funds received to reimburse incurred costs must
be remitted to COMMERCE for return to the U.S. Treasury,
14. PROHIBITION ON CERTAIN FUNDS TRANSFERS
The Grantee that directly or indirectly receives CDBG-CV funds may not sell, trade, or otherwise
transfer all or any such potion of such funds to another such entity in exchange for any other funds,
credits or non-Federal consideration, but must use such funds for activities eligible under title I of the
HCD Act or permitted by waiver and alternative requirements that apply to the use of CDBG-CV funds.
15. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of
funds expended for work performed by subcontractors,including but not necessarily limited to minority-
owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean
subcontractors of any tier.
16. SUBCONTRACTS FOR ENGINEERING SERVICES
Engineering firms must certify that they are authorized to do business in the state of Washington and
are in full compliance with the requirements of the Board of Professional Registration, The Grantee
shall require that engineering services providers be covered by errors and omissions insurance. The
engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all
activities by the engineering firm and licensed staff employed or under contract to the engineering firm.
The state of Washington,its agents, officers,and employees need not be named as additional insureds
under this policy.
17. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant,the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work and Budget
• Attachment B—Letter to Incur Cost, if applicable
• Grantee's application for funding and the Community Development Block Grant policies and
procedures, prepared by Commerce as incorporated by reference on the Face Sheet
State of Washington Interagency Grant Agreement
Department of Commerce Page 6
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
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 attachments, documents, or materials incorporated by reference. E-mail or
facsimile transmission of a signed copy of this Grant 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. "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.
F "State"shall mean the state of Washington.
G. "Subgrantee/Subcontract" shall mean one not in the employment of the Grant, who is performing
all or part of those services under this Grant under a separate Grant with the Contractor.The terms
"subgrantee"and"subcontractors'mean subcontractor(s)in any tier.
2. 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.
3. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or
assigned by the Grantee without prior written consent of COMMERCE.
S. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information"as used in this section includes:
I. All material provided to the Grantee by COMMERCE that is designated as "confidential' by
COMMERCE;
li. All material produced by the Grantee that is designated as"confidential"by COMMERCE; and
iii. All personal information in the possession of the Grantee that may not be disclosed under state
or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law.The Grantee shall take all necessary steps to assure that Confidential Information
is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential
Information or violation of any state or federal laws related thereto. Upon request,the Grantee shall
provide COMMERCE with its policies and procedures on confidentiality.COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
State of Washington Interagency Grant Agreement
Department of Commerce
?age 7
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERALFUNDS
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.
6. COPYRIGHT
Unless otherwise provided,all Materials produced under this Grant shall be considered"works for hire"
as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered'works for hire'
under the U.S. Copyright laws,the Grantee hereby irrevocably assigns all right,title,and interest in all
Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions."Ownership'includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display.The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity,necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE,at the time of delivery of Materials
fumished under this Grantee,of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received by the
Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts,Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330,in which event the Governors process will control.
8. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws,and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING,ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant
State of Washington interagency Grant Agreement
Department of Commerce Page 8
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
11. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to
compensate COMMERCE for the noncompliance in addition to any other remedies available at law or
in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grantee.
12. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grantee.
The Grantee shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the Grant, shall be subject at
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized iz law,
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
regulation or agreement.
If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall
be retained until all litigation,claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or
terminate the Grant under the 'Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding
limitations and conditions
14. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for
any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Grant.
16. SUBGRANTING/SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or
(c)require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant.The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. 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
State of Washington interagency Grant Agreement
Department of Commerce
Page 9
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
16. 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 Grantee shall
so survive.
17. 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 contract, 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.
18. 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.
19. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this contract,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this Grant as has been terminated.The provisions of the'Treatment of
Assets"clause shall apply in such property transfer
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE,and the amount agreed upon by the Grantee and COMMERCE
for(i) completed work and services for which no separate price is stated, (if) partially completed work
and services, (iii)other property or services that are accepted by COMMERCE, and(iv)the protection
and preservation of property, unless the termination is for default, in which case the Authorized
Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the"Disputes"clause of this Grant. COMMERCE
may withhold from any amounts due the Grantee such sum as the Authorized Representative
determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall
A. Stop work under the Grant on the date, and to the extent specified, in the notice,
B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not terminated,
State of Washington interagency Grant Agreement
Department of Commerce image 10
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and
subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
su bgrants/subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the Grant had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative, and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item
of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the
Grantee.Title to other property,the cost of which is reimbursable to the Grantee under this Grant,shall
pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this
Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii)
reimbursement of the cost thereof by COMMERCE in whole or in part,whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
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 aH 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
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shalt 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.
State of Washington Interagency Grant Agreement
Department of Commerce Page I i
ATTACHMENT A—SCOPE OF WORK AND BUDGET
Grantee: Jefferson County
Contract No.20-6221C-114
Section A: Project Description/Deliverable
Jefferson County will make Sl 16,163 in CDBG-C V I funds available to Olympic Community Action as a grant subrecipient.These funds will result in new and increased
CDBG eligible public services for the Jefferson County CDBG-CVi consortium service area,to stabilize eligible households impacted by COVID-19.
Total project costs are estimated at S119,163
Eligible public services will benefit approximately 300 persons and target services to limited clientele with principally low-and moderate-incomes based on a I.Mi
household qualification process,CDBG-CV funded activities will prevent, for and respond to coronavirus.
Section B: Project Activities,Milestones and Budget
CDBG Budget Project Activities Performance
Budget Code Amount -Must complete each twleted project activity to meet the correspond'mS milestone. Milestones
21 A General S3000 Execute grant contract with Commerce Before first payment
Admin Verify the subreciptent does not have an active exclusion record in the federal award system(SAM gov), request
include documentation in the CDBG file,and submit a copy to Commerce.
• Establish a subrecipient agreement that includes the quarterly beneficiary reporting requirement. Submit a
signed copy to Commerce
• Establish administrative,financial,reporting,and record keeping systems,including a system to prevent
duplication of benefit.
Payment requests Not more than monthly
• Review subrecipient reimbursement requests and project costs and invoices against project budget and
contract start date First payment request
• Document local government's CDBG general administration cost within 270 days from
• Once costs are approved,prepare and submit payment request and project status report to Commerce contract execution
• Document receipt of gram funds and reimbursement of eligible costs.
• Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter 01,4/30 7/30 10/31
• Complete applicable civil rights requirements. Prior to Commerce's on-
Conduct an on-site monitoring of the subrecipient to verify the grant is used according to CDBG site monitoring
requirements and all costs reimbursed are allowable
• Resolve all monitoring issues with CDBG Before requesting final
Accomplish all grant activities. 5%of CDBG award
• Conduct a final public hearing to review project performance
• Submit a CDBG Contract Closeout ReRort.
• List CDBG expenditures in your annual Schedule of Expenditures of Federal Awards and arrange an audit Before audit
with the State Auditor's Office to meet the Uniform Guidance 2 CFR Part 200
Section B: Project Activities,Milestones and Budget(continued)
CDBG Budget Project.Activities Performance
Budget Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones
OSX/OSQ $l 16,163 Complete the environmental review and prepare an environmental review record in compliance with Approx.300 LMI
Public Services NEPA requirements for CDBG persons receive direct
• Develop and establish CDBG-CV program's policies and procedures,including CDBG income services by I01/2023
qualification,COVID-19 impact verification,prevent duplication of benefits,and beneficiary reporting
requirements
• Deliver the direct services identified in the CDBG application through the Olympic Community Action
• Allocate and manage public services funds as established in the approved subrectptem agreement and
budget,and prevent duplication of benefits.
• Meet the CDBG national objective of principally benefiting low-and moderate-income persons.
• Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve HUD's
objective of creating suitable living environments
TOTAL: $119,163
I
x
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE•PO Box 42525. Olympia, Washington 98504.2525•(360)7254000
www,commerce.wa.gov
January 21,2021
The Honorable Kate Dean
Chair, Board of Jefferson County Commissioners
PO Box 1220
Port Townsend,WA 98368
Dear Commissioner Dean:
I am pleased to inform you that Commerce has awarded Jefferson County up to S 119,163 in
federal Community Development Block Grant-Coronavirus(CDBG-CV)funds. This award is
based on the jurisdiction's CDBG-CV 1 application for activities to prevent, prepare for,and
respond to coronavirus in partnership with local service providers for the CDBG-CV 1
consortium area.
Prior to grant contract execution,this letter allows you to begin incurring costs not to exceed ten
percent of your award as of March 27,2020,for only the following activities:
• Administration including documented staffing, travel and training
• Pre-application costs,such as public hearing notices and documented staffing and time
for the CDBG-CV 1 consortium building and application
• Review of environmental laws and authorities,including Section 106 of the National
Historic preservation Act of 1996
• Preliminary engineering design work,and.consultations needed for the environmental
review
• Subrecipient agreements or professional service contracts for any of the above activities
A CDBG subrecipient agreement,for use if you pass these funds through to a service provider to
implement the grant,is available in Section 18 of the CDBG Management Handbook,which is
available electronically at www.commerce.wa.gov/cdbg and here.
CDBG procurement requirements must be followed before hiring professional services or
contractors to be funded by this CDBG award. These requirements are in Sections 5 and 7 of the
CDBG Management Handbook.
CDBG-specific compliance with,the National Environmental Policy Act(NEPA)must be
completed before any construction bid advertising or property acquisition activity can occur.
These procedures are described in Section 6 of the CDBG Management Handbook.
The Honorable Kate Dean
January 21,2021
Page 2
Eligible costs will be reimbursed by Commerce after your grant contract with Commerce is
executed and the NEPA environmental review is complete(see enclosure for further
explanation).
All costs to be reimbursed must comply with applicable state and federal requirements.
Additional CDBG-CV I implementation guidance is available on the CDBG-CV website here
and forthcoming.
The jurisdiction must have an active and unexpired Dun and Bradstreet Numbering System
(DUNS)in the System for Award Management(SAM)to avoid delays in the disbursement of
funds. Grantees are required to maintain an active SAM registration for the duration of their
contract by re-activating their DUNS number annually at the following website:
htto://www.saiu.p,ov/SAiM/.
If your project is not ready to proceed, resulting in the contract's execution being delayed over
90 days from the date of this letter,the CDBG-CV 1 award may be rescinded.
Your contract manager will be contacting you to develop the grant contract. Until then,if you have any
questions,please contact Kaaren Roe at 360.725.3018 or kaaren.roe(acommerce.wa.gov.
I congratulate you and others for your efforts thus far. We look forward to working with you to address
the impacts of COVID-19 in your communities.
Sincerely,
a kle
As stant Direc or
Enclosure -
cc: Judy Shepard,Chief Accountant
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley,County Administrator
FROM: Adiel McKnight,Executive Assistant
DATE: February 16,2021
SUBJECT: AGREEMENT,Subrecipient re: Community Development Block Grant
(CDBG)Public Services to stabilize eligible households impacted by
COVID-19; In the Amount of$116,163; Jefferson County Administrator;
Olympic Community Action Program(OlyCAP)
STATEMENT OF ISSUE:
For several years,Jefferson County has received and administered the Washington State Department of
Commerce's Community Development Block Grant(CDBG). The BOCC also approved a contract between
Department of Commerce and Jefferson County to fund public services to stabilize eligible households
impacted by COVID-19.
Jefferson County has historically contracted with Olympic Community Action Programs(OlyCAP)as the
Subrecipient who provides the service directly to the public.
FISCAL IMPACT:
The agreement provides$116,163 to go to Subrecipient for public service program costs. In addition to that
amount,Jefferson County will receive$3,000 for grant administration.
RECOMMENDATION:
Approve the Subrecipient agreement with Olympic Community Action Program(OlyCAP).
REVI—EWERY:
"orley, oun ministrator Date
CONTRACT REVIEW FORM
CONTRACT WITH: OtyCAP TRACKING NO.: BOCC 2021-12
(Contractor/Consultant)
CONTRACT FOR: Subrecipient for CDBG Public Services Grant TERM: 1-31-2023
COUNTY DEPARTMENT: County Administrator
RECEIVED-
For More Information Contact: Judy Shepherd
FEB n 3Contact Phone #: Eat.231
RETURN TO: Adiel McKnight RETURN BY: ASAP J E F F E R SO N COUNTY
(Person in Department)
AMOUNT: $116,163 PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
Revenue ❑ Cooperative Purchase
Expenditure ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Source(s)of Matching Funds ❑ Vendor List Bid
❑ RFP or RFQ
❑ Other
Step 1 : REVIEW BY S
MIM4 �
Revi y:
Date R
APPROVED FORM ❑ Returne or revision(See Comments)
Comments
Step 2: REVIEW BY PROSE G ATTORNEY
Review by: Philip C. Hunsucker
Date Reviewed: `i/ Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM ❑ Returned for revision(See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS& RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley,County Administrator
FROM: Adiel McKnight,Executive Assistant
DATE: February 16,2021
SUBJECT: AGREEMENT,Subrecipient re: Community Development Block Grant
(CDBG)Public Services to stabilize eligible households impacted by
COVID-19; In the Amount of$116,163;Jefferson County Administrator;
Olympic Community Action Program(OlyCAP)
STATEMENT OF ISSUE:
For several years,Jefferson County has received and administered the Washington State Department of
Commerce's Community Development Block Grant(CDBG). The BOCC also approved a contract between
Department of Commerce and Jefferson County to fund public services to stabilize eligible households
impacted by COVID-19.
Jefferson County has historically contracted with Olympic Community Action Programs(OlyCAP)as the
Subrecipient who provides the service directly to the public.
FISCAL IMPACT:
The agreement provides$116,163 to go to Subrecipient for public service program costs. In addition to that
amount,Jefferson County will receive$3,000 for grant administration.
RECOMMENDATION:
Approve the Subrecipient agreement with Olympic Community Action Program(OlyCAP).
E BY•
orley, oun 'Ai— Date
i
i
CONTRACT REVIEW FORM
CONTRACT WITH: OlyCAP TRACKING NO.: BOCC 2021-12
(Contractor/Consultant)
CONTRACT FOR: Subrecipient for CDBG Public Services Grant TERM: 1-31-2023
COUNTY DEPARTMENT: County Administrator CEIVEn
For More Information Contact: Judy Shepherd
Contact Phone #: Ext.231 FEB 0 3 7021 —
RETURN TO: Adiel McKnight RETURN BY: ASAP JEFFERSON COUNTY
(Person in Department)
qOMMISSIONERS-
AMOUNT: $116,163 PROCESS: ❑ Exempt from Bid Process
O Consultant Selection Process
Revenue ❑ Cooperative Purchase
Expenditure ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Source(s) of Matching Funds ❑ Vendor List Bid
❑ RFP or RFQ
❑ Other
Step 1 : REVIEW BYMfs
Revi y:
Date R i
APPROVED FORM ❑ Returne or revision(See Comments)
Comments
Step 2: REVIEW BY PROSE ATTORNEY
Reviewby: M'G
y--, Philip C. Hunsucker
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM ❑ Returned for revision(See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
01 CID
Board of County Commissioners
44w4 1820 Jefferson Street
w PO Box 1220
y Port Townsend, WA 98368
SNING� Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3
February 18,2021
Olympic Community Action Programs(OlyCAP)
Attn:Cherish Cronmiller,Executive Director
823 Commerce Loop
Port Townsend,WA 98368
Re: AGREEMENT,Subrecipient re:Community Development Block Grant(CDBG)Public Services to
stabilize eligible households impacted by COVID-19;In the Amount of$116,163;Jefferson County
Administrator,Olympic Community Action Program(OlyCAP)
Dear Ms.Cronmiller,
Enclosed is the Original re:AGREEMENT,Subrecipient re:Community Development Block Grant
(CDBG)Public Services to stabilize eligible households impacted by COVID-19;In the Amount of
$116,163;Jefferson County Administrator,Olympic Community Action Program(OlyCAP)
Please sign the Original. Keep a copy for your own records and please return the signed Original to
the following address:
Jefferson County Commissioners Office
Attn:Julie Shannon
PO Box 1220
Port Townsend,WA.98368
Please contact our office If you have any questions.
Thank you,
Jufianno
Executive Secretary II
Jefferson County Commissioners Office
360 385 9100
jshannon so jefferson..wa,u5
Enclosure
i
Phone. (360) 385-9100 Fax(360) 385-9382 jeffbocc@ce jefferson.wa.us
DocuSign Envelope ID:6AE9E416-F3CA-434D-98EE-1E3E3A34FECE
Contract Number:20-6221C-114
Amendment Number:A
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
CDBG-CV1 and CDBG-CV2
1.Grantee 2.Grantee Doing Business As(optional)
Jefferson County N/A
PO Box 563
Port Townsend,WA 98368
3.Grantee Representative(only if updated) 4.COMMERCE Representative(only if updated)
Judy Shepherd,Chief Accountant Jennifer Lewis,Project Manager PO Box 42525
Phone:(360)385-9231 Phone:(360)890-1048 1011 Plum St SE
Email:jshepherd@co.jefferson.wa.us 9ennifer.lewisacommerce.wa.gov Olympia,WA 98504-2525
5.Original Grant Amount 6.Amendment Amount 7.New Grant Amount
(and any previous amendments)
$119,163 $102,385 $221,548
8.Amendment Funding Source 9.Amendment Start Date ' 10.Amendment End Date
Federal: X State: Other: N/A: Date of Execution June 30,2023
11.Federal Funds(as applicable): Federal Agency: ; CFDA Number:
$221,548 U.S.Department of Housing 14.228
and Urban Development
12.Amendment Purpose:
To add the CDBG-CV2 grant amount to the CDBG-CV 1 grant amount;to revise the scope of work for the additional funds;and
to increase activities that prevent,prepare for,and respond to coronavirus in the CDBG-CV consortium area. To update Special
Terms&Conditions,3.Acknowledgement of Federal Funds to Washington State: CDBG-CV Federal Award Date—February
11,2021;CDBG-CV Total Federal Award Amount-$38,217,218.
COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of
this Grant Amendment and attachments and have executed this Grant Amendment on the date below to start as of the date and year
referenced above. The rights and obligations of both parties are governed by this Grant Amendment and the following other
documents incorporated by reference: Attachment"A"—Scope of Work and Budget for Amendment A.A copy of this Grant
Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee.
FOR GRANTEE FOR COMMERCE
Dmuftned/I by: Ooeuft"d by:
Mark McCauley,Interim Jefferson County Administrator Mark K.Barkley,Assistant Director
Local Government Division
Date
Date
^SDocuSipned byby:
I� P—
er����e�� APPROVED AS TO FORM ONLY
The Honorable Kate Dean,County Commissioner Chair
Jefferson County Sandra Adix
Assistant Attorney General
Date 3/20/2014
Date
DocuSign Envelope ID.6AE9E416-F3CA-434D-98EE-1E3E3A34FECE
Amendment Face Sheet
ATTACHMENT A—SCOPE OF WORK AND BUDGET
Grantee: Jefferson County
Contract No. 20-6221C-114
Section A: Project Description/Deliverable
Jefferson County is awarded a$102,385 CDBG-CV2 Grant. Of these funds,the County will make$99,385 in CDBG-CV2 funds available to Olympic Community
Action Programs as a grant subrecipient. These funds will result in new and increased CDBG eligible public services for the Jefferson County CDBG-CV2
consortium service area,to help stabilize eligible households impacted by COVID-19. Combined with the County's CDBG-CV1 award of$119,163,the CDBG-CV
Grant totals$221,548. This amended Scope of Work applies to the combined total award.
Eligible public services will benefit a combined total of approximately 350 persons and target services to limited clientele with principally low-and moderate-
incomes based on a LMI household qualification process. CDBG-CV funded activities will prevent, prepare for,and respond to coronavirus.
Section B: Project Activities, Milestones and Budget
CDBG Budget Project Activities Performance
Budget Code Amount 'Must complete each bulleted project activity to meet the corresponding milestone. Milestones
21A General $6,000 ■ Execute grant amendment with Commerce. Before first payment
Admin. ■ Verify the subrecipient does not have an active exclusion record in the federal award system request
(SAM.gov),include documentation in the CDBG-CV file, and submit a copy to Commerce.
■ Establish/amend a subrecipient agreement that[includes the quarterly beneficiary reporting
requirement. Submit a signed copy to Commerce.
■ Establish administrative,financial, reporting,and record keeping systems, including a system to
prevent duplication of benefit. _
Payment requests: Not more than monthly
■ Review subrecipient reimbursement requests and project costs and invoices against project budget
and contract start date. First payment request
■ Document local government's CDBG-CV general administration costs. within 270 days from
■ Once costs are approved, prepare and submit payment request and project status report to contract execution
Commerce.
■ Document receipt of grant funds and reimbursement of eligible costs.
■ Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter. By 1/31,4/30,7/31,
—_ and 10/31
■ Complete applicable civil rights requirements. Prior to Commerce's
■ Conduct an on-site monitoring of the subrecipient to verify the grant is used according to CDBG on-site monitoring
requirements and all costs reimbursed are allowable.
DocuSign Envelope ID:6AE9E416-F3CA-434D-98EE-1E3E3A34FECE
Amendment Face Sheet
■ Resolve all monitoring issues with state CDBG-CV program. Before requesting final
• Accomplish all grant activities. 5%of CDBG-CV award
■ Conduct a final public hearing to review project performance.
■ Submit a CDBG-CV Contract Closeout Report.
■ List CDBG-CV expenditures in your annual Schedule of Expenditures of Federal Awards and arrange Before audit
an audit with the State Auditor's Office to meet the Uniform Guidance(2 CFR Part 200).
Section B: Project Activities, Milestones and Budget(continued)
CDBG Budget Project Activities Performance
Budget Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones
05 Public $215,548 ' Complete the environmental review and prepare an environmental review record in compliance Approx.350 LMI
Services with NEPA requirements for CDBG. persons receive direct
■ Develop and establish CDBG-CV program's policies and procedures,including CDBG income services by 6/30/2023
qualification,COVID-19 impact verification,prevent duplication of benefits,and beneficiary
05Q reporting requirements.
Subsistence ■ Deliver the direct services identified in the CDBG-CV application through the Olympic Community
Payments Action Partnership.
■ Allocate and manage public services funds as established in the approved subrecipient agreement
and budget,and prevent duplication of benefits.
■ Meet the CDBG national objective of principally benefiting low-and moderate-income persons.
■ Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve
HUD's objective of creating suitable living environments.
TOTAL: $221548
Certificate Of Completion DocuSign'
Envelope Id:6AE9E416F3CA434D98EElE3E3A34FECE Status Completed
Subject DocuSign:20-6221C-114 Jefferson County Amendment A CV2
Division:
Local Government
Program:CDBG-CV CV2
ContractNumber 20-6221C-114 Jefferson County Amendment A CV2
DocumentType
Contract Amendment
Source Envelope:
Document Pages:3 Signatures:3 Envelope Originator:
Certificate Pages:5 Initials:0 Stacey Voigt
AutoNav,Enabled 1011 Plum Street SE
Envelopeld Stamping:Enabled MS 42525
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525
stacey.voigt@commerce wa.gov
IP Address: 147.55.134.125
Record Tracking
Status.Original Holder:Stacey Voigt Location:DocuSign
11/16/2021 1:45:50 PM stacey.voigt@commerce.wa.gov
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location:DocuSign
Signer Events Signature Timestamp
Mark McCauley S''^0'by Sent: 11/17/2021 9:48:10 AM
MMcCauley@cojeferson.wa.us C � 1�1(('Au" Viewed: 11/21/2021 11,43:22AM
Security Level Email,Account Authentication 9z !I F5B644
Signed: 11/21/2021 11:43:45 AM
(None)
Signature Adoption:Pre-selected Style
Using IP Address:64.184.145.20
Electronic Record and Signature Disclosure:
Accepted 1112112021 11 43:22 AM
ID c9b4b633-251f-4ft7-aa84-3316f43b9017
Kate Dean Ell
�a'u—dby Sent. 11/21/2021 11:43:47 AM
kdean@co.jefferson.wa.us F, Resent: 12/2/2021 10:47:12 AM
Security Level Email,Account Authentication 9r50EF88FOW1
(None) Viewed. 11/30/2021 4:45.11 PM
Signature Adoption:Drawn on Device Signed 12/2/2021 5:15:37 PM
Using IP Address 172.58,46.239
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted.11/5/2021 1.14:05 PM
ID.e42e8c24-feca-4e5d-9659-786fcb8ca893
Tina Hochwender Completed Sent:12/2/2021 5:15:40 PM
tin a.hochwender@commerce.wa gov Viewed: 12/2/2021 5:48,56 PM
Security Level:Email,Account Authentication Signed: 12/2/2021 5:51:15 PM
(None) Using IP Address: 147.55.134.28
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Tony Hanson Completed Sent: 12/2/2021 5.51:18 PM
tony.hanson@commerce.wa.gov Viewed:12/3/2021 6:29:19 AM
Washington State Department of Commerce Signed:12/3/2021 6:29:28 AM
Security Level: Email,Account Authentication Using IP Address. 73.225.183,45
(None) Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Barkley COa�°"""by Sent:12/3/2021 6:29:31 AM
mark.barkley@commerce.wa.gov I�AK �j Viewed:12/3/2021 6:30:19 AM
Assistant Director °0J12B0'a�'S"�
Washington State Department of Commerce Signed: 12/3/2021 6:30:25 AM
Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style
(None) Using IP Address: 147.55.149.181
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jennifer Lewis COPIED Sent 12i3/2021 6 30 27 AM
jennifer.lewis@commerce.wa.gov
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/17/2021 9:48:10 AM
Certified Delivered Security Checked 12/3/2021 6:30:19 AM
Signing Complete Security Checked 12/3/2021 6:30:25 AM
Completed Security Checked 12/3/2021 6:30:27 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM
Parties agreed to:Mark McCauley,Kate Dean
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce(we, us or Company)may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure(ERSD),please confirm your agreement by selecting the check-box next to
`I agree to use electronic records and signatures' before clicking `CONTINUE' within the
DocuSign system.
Getting paper copies
At any time,you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days)after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you,you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus,you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us,and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commeree.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: httDS:HsUDDort.docusi n.com/guides/si ner- uide-
si gn i n g-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and(i) that you are able to print on paper or electronically save this ERSD for
your future reference and access;or(ii)that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check-box next to `I agree to use electronic records and signatures', you confirm
that:
• You can access and read this Electronic Record and Signature Disclosure; and
• You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
• Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations,acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.