HomeMy WebLinkAboutStock Energy Efficient House Plan JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Brent A. Butler,Chief Strategic Officer
DATE: September 23,2024
SUBJECT: Approval of Federal Interagency Agreement between the Washington State
Uepartment of Ecology and Jefferson County through the U. S. Department of
Energy's (DOE) Energy Efficiency and Electrification Program for a housing
incentive program known as "Stock energy efficient house plans to incentivize the
residential sector"
STATEMENT OF ISSUE:
In the Strategic Plan (SP), Jefferson County identifies"Housing Accessibility" as one of six strategic priorities
and specifically lists the objective to "Identify and remove barriers that prevent residential property
owners from developing additional housing to the extent legally possible". Progress toward completion of
this objective is measured by four performance measures, one of which is: "Number of housing units
developed using pre-approved stock plans".
The Stock Plan program implements the SP and also implements the county's Housing Action Plan page 3-10
which expressly states that the county should evaluate the development of a housing incentives program for
Urban(Port Hadlock/Irondale) and Rural areas to advance housing variety and affordability per RCW
37.70A.540. With the stock plan program, the county partly addresses the needs for more housing
countywide, and also targets the community's need for middle housing in the Port Hadlock Urban Growth
Area.
ANALYSIS:
After a significant amount of community outreach, input and public notice(see Exhibit A—Press Release), a
committee consisting of county and city planning commissioners recommended eight stock plans. Later, the
Board of County Commissioners (Board or BoCC) to partly address the community's need for affordable
housing options by enabling the use of sweat equity and accelerated permitting to construct housing. The
website, which is accessed by googling "Washington" "Jefferson County" and "Stock Plans" posts the plans
for the community, including residents within the City of Port Townsend. The engineered plans, which will
soon be available for the community, will be paid for by this grant, and a general fund allocation for the plan
review. Additionally, grant funds are available to fill the gap in missing middle housing plans.
FISCAL IMPACT:
The grant is for$253,000 for engineering of plans, and associated costs as more fully set forth in Exhibit B.
The award includes administrative costs equal to $25,000 but no greater than 10%of the grant award for the
purpose of reimbursing staff costs such as the Chief Strategic Officer's project management, grant
administration costs, and other associated grant specific activities.
RECOMMENDATION:
Staff recommends the Board approve Contract Number 24-51701-004 as set forth in Exhibit B, and authorize
the Chief Strategy Officer to sign the contract on behalf of Jefferson County.
REVIEWED BY:
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Mark McCaule WCounty Administrator Date/
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Department of Commerce(Federal Interagency) Contract No: 24-51701-004
Contract For: Stock energy efficient house plans to incentivize residential sector Teri,,; 8/26/2024 to 12/30/2025
COUNTY DEPARTMENT: Department of Community Development
Contact Person: Brent A.Butler,Chief Strategy officer
Contact Phone: 1360.379.4493
Contact email: bbutler@co.jefferson.wa.us
AMOUNT: $253,000 PROCESS: Exempt from Bid Process
Revenue: 253,000 Cooperative Purchase
Expenditure: 253,000 Competitive Sealed Bid
Matching Funds Required: o Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj �/ Other:City/County joint review process
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A:❑■ llie 2,q
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A: ��-- /-ti
ignature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 9/19/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 9/19/2024.
State language -- cannot change. Thank you for adding the PAO signature
line.
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
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EXHIBIT A
For additional information contact: alovett@co.jefferson.wa.us
FOR IMMEDIATE RELEASE
EXTENDED DUE DATE:Jefferson County solicits residential housing plans prepared by design professionals
Working with the City of Port Townsend, the Board of County Commissioners (BoCC) has prioritized the development
of preapproved plans, commonly referred to as stock plans, to reduce residential housing construction costs and
shorten permitting times. To support this priority, the Jefferson County Planning Commission voted to establish a
Stock Plan Subcommittee to select designs that accommodate community needs.The due date for submissions has
been extended to June 15, 2023.
Designed plans may include previously-designed plans, or plans specifically for this use. Additionally, other types of
submissions might include: 1)Tiny Homes on Wheels(THOW) from labor and Industry(L&I)-approved fabricators that
meet ANSI "plus" standard. Initial review will include L&I paperwork and engineer/architect/designer attestation that
the unit meets Port Townsend or County standards. A THOW-accessory dwelling permit is still required, which is part
of site development review processes to evaluate foundation, setbacks, critical areas, utility hookups. Triplex and
quadplex projects are welcomed.
The three-step approach to the development of stock plans requires that plans be submitted by June 15, 2023. As step
two, a joint city/county selection committee will review these plans in July, after posting them online for public
comment from June 19 to July 4. If there are no submittals, staff may consider posting plans prepared for other
communities, as more fully set forth in the August 8, 2022 packet (https://www.co.jefferson.wa.us/1645/Stock-Plan-
Subcommittee)—however this is an opportunity for locally-designed plans. The goal here is twofold: the online posting
identifies interest prior to allocating funding for plan review and it also assists the reviewers in understanding
community needs. Step three involves funding plan review using the soon to be adopted (July 2023) State Building
Council Codes. BoCC Chair, Greg Brotherton, urges design professionals to participate, citing the need and local
experience. "This is a real opportunity to develop local housing designs that make housing and indeed home
ownership more accessible to our working population. I see this work as raising the floor on our social contract and
hope that we can produce low-cost house plans that are informed by local experiences and values and create
accessible designs that are practical and livable." City of Port Townsend Mayor David Faber comments: "As housing
costs continues to increase, our local governments are working hard to reduce costs. Stock housing plans are a smart
way to cut costs& hopefully help produce homes for the people of our various Jefferson County communities."
For further details and answers to previously submitted questions, please visit:
https://www.co.jefferson.wa.us/1645/Stock-Plan-Subcommittee
Jefferson County and the City of Port Townsend are looking forward to robust qualified submittals. Please contact us
any questions.
Submit to: alovett@co.jefferson.wa.us
Submit by: June 15, 2023
Questions about submittals should be directed to: alovett@co.iefferson.wa.us
EXHIBIT B
.Oft. Washington State
g4Wq Commerc e
Federal Interagency Agreement with
Jefferson County
through
Energy Efficiency and Electrification program, Clean Buildings
Contract Number:
24-51701-004
For
Stock energy efficient house plans to incentivize residential sector
Dated: Monday, August 26, 2024
Contract No.
(Rev.May 2020) Page 1 of 20
� Washuiy_or�State
Depa-meni of
cater term
Table of Contents
TABLEOF CONTENTS..............................................................................................................................................6
FACESHEET............................................................................................................................................................7
SPECIALTERMS AND CONDITIONS.........................................................................................................................8
1. AUTHORITY .....................................................................................................................................................8
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................8
3. CONTRACT MANAGEMENT.............................................................................................................................8
4. COMPENSATION .............................................................................................................................................8
5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................8
6. INDIRECT COSTS..............................................................................................................................................8
7. BILLING PROCEDURES AND PAYMENT............................................................................................................9
8. AUDIT..............................................................................................................................................................9
9. FRAUD AND OTHER LOSS REPORTING.............................................................................................................9
11. INSURANCE ...................................................................................................................................................11
12. ORDER OF PRECEDENCE................................................................................................................................11
GENERALTERMS AND CONDITIONS.....................................................................................................................12
1. DEFINITIONS..................................................................................................................................................12
2. ALL WRITINGS CONTAINED HEREIN...............................................................................................................12
3. AMENDMENTS..............................................................................................................................................13
4. ASSIGNMENT.................................................................................................................................................13
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION.........................................................................13
6. COPYRIGHT....................................................................................................................................................13
7. DISPUTES.......................................................................................................................................................14
8. GOVERNING LAW AND VENUE......................................................................................................................14
9. INDEMNIFICATION........................................................................................................................................14
10. LICENSING,ACCREDITATION AND REGISTRATION........................................................................................14
11. RECAPTURE...................................................................................................................................................14
12. RECORDS MAINTENANCE..............................................................................................................................14
13. SAVINGS........................................................................................................................................................14
14. SEVERABILITY................................................................................................................................................15
15. SUBCONTRACTING........................................................................................................................................15
16. SURVIVAL......................................................................................................................................................15
17. TERMINATION FOR CAUSE............................................................................................................................15
18. TERMINATION FOR CONVENIENCE...............................................................................................................15
19. TERMINATION PROCEDURES ........................................................................................................................16
20. TREATMENT OF ASSETS.................................................................................................................................16
21. WAIVER.........................................................................................................................................................17
ATTACHMENTA:SCOPE OF WORK.......................................................................................................................18
ATTACHMENTB: BUDGET....................................................................................................................................18
ATTACHMENTC: REPORTING...............................................................................................................................18
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Face Sheet
Research&Development: ❑ Yes M No Contract Number:24-51701-004
Energy Division, Clean Buildings, Energy Efficiency& Electrification ®Subrecipient
Energy Efficiency and Conservation Block Grant ❑Contractor
1. Contractor 2. Contractor Doing Business As (as applicable)
Jefferson County N/A
1820 Jefferson Street
Port Townsend, WA 98368
3. Contractor Representative 4. COMMERCE Representative
Brent A. Butler Kristen Kalbrener P.O. Box 42525
Chief Strategy Officer Program Manager 98504-2525
360-379-4493 (360)515-8112 1011 Plum Street SE
butler@co.jefferson.wa.us Kristen.kalbrener@commerce.wa.gov Olympia, WA 98501
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$�165,0000 Federal: ® State: ❑ Other: ❑ N/A: ❑ 8/26/2024 12/30/2025
9. Federal Funds (as applicable) Federal Agency: ALN Indirect Rate
$253,000 U.S Dept. of Energy 81.128 N/A
10.Tax ID# 11. SWV# 12. UBI# 13. UEI#
91-6001322 0002430-15 161-001-169 FGN7DDMJA7H7
14. Contract Purpose
Jefferson County plans to create stock energy efficient house plans to incentivize the residential sector. Principal
outcome of this grant is to reduce market pressure leading to the development of informal settlements and unpermitted
structures by creating a new opportunity for low-cost housing construction based on the self-help model advanced by
several federal and state agencies, Cost date same as on Award Letter, May 23, 2024.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept
the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are
authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this
Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including
Attachment"A"—Scope of Work, Attachment°B" — Budget, Attachment°C" - Reporting
FOR CONTRACTOR FOR COMMERCE
Brent A. Butler, Chief Strategy Officer Michael Furze, Assistant Director, Energy Division
Date Date
Approved as to form only APPROVED AS TO FORM ONLY
By Deputy Prosecuting Attorney BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
09/19/2024
Melissa Pleimann Date
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Special Terms and Conditions
1. AUTHORITY
COMMERCE and Grantee enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Date: 10/1/2023
Federal Award Identification Number(FAIN): DE-SE0000236
Federal Awarding Agency: U.S. Department of Energy, State and Community Programs
Total amount of federal funds obligated to this Subrecipient for this program: $253,000
Total amount of federal funds obligated to this Subrecipient for all programs: $253,000
Awarding official: Michael Fong, Director(360) 725-4021
Unless otherwise specifically authorized herein, the budget period start and end dates shall be the
same as the start and end dates on the Face Sheet.
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. DE-SE0000236 awarded by U.S. Department of
Energy, State and Community Programs. Points of view in this document are those of the author
and do not necessarily represent the official position or policies of the U.S. Department of Energy,
State and Community Programs. Grant funds are administered by the Clean Buildings Program,
Washington State Department of Commerce." _
3. CONTRACT 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 Contract.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Contract.
The Representative for the Contractor and their contact information are identified on the Face
Sheet of this Contract.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed $253,000 for the performance of all things necessary
for or incidental to the performance of work as set forth in the Scope of Work. Contractor's
compensation for services rendered shall be based on the following rates or in accordance with the
terms of Attachment A, Scope of Work.
S. SUBCONTRACTOR DATA COLLECTION
Contractor 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 Contract performed by subcontractors and the
portion of Contract 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.
6. INDIRECT COSTS
Contractor shall provide their indirect cost rate that has been negotiated between their entity and the
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federal government. If no such rate exists a de minimis indirect cost rate of up to 10% of Modified
Total Direct Costs (MTDC) may be used.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE via the
Commerce Contracts Management System.
If required, the attachments to the invoice request in the Commerce Contracts Management System
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 24-51701-004. If expenses are invoiced, provide a
detailed breakdown of each type. A receipt must accompany any single expenses in the amount of
$50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
If funds are available, COMMERCE may be able to amend and increase total funds based on realized
expenditures to complete the project.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent(10%) from each payment until
acceptance by COMMERCE of the final report(or completion of the project, etc.).
8. AUDIT
If the Grantee expends$750,000 or more in federal awards as a Subrecipient from any and all
sources in a fiscal year, the Grantee shall procure and pay for a single audit or a program-specific
audit for that fiscal year in accordance with 2 CFR 200 Subpart F. In accordance with 2 CFR
200.501(h), for-profit Subrecipients expending $750,000 or more in federal awards in a fiscal year
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are also required to procure and pay for a single audit or program-specific audit for that fiscal year.
Upon completion of each audit Grantee shall send all audit documentation to the Federal Audit
Clearinghouse.
If the Grantee expends less than $750,000 in federal awards as a Subrecipient from any and all
sources in a fiscal year the Grantee shall notify COMMERCE they did not meet the audit
requirement threshold within 30 calendar days of the end of that fiscal year.
9. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
10. 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.
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
i. 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.
ii. 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. Grantee may contact
COMMERCE for assistance in obtaining a copy of these regulations.
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11. 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.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, 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
• Attachment B— Budget
• Attachment C - Reporting
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General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, 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 Washington Department of Commerce.
C. "Contract" or"Agreement" or"Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Exhibits, documents, or materials
incorporated by reference and may constitute a Subaward if so designated. Electronic
transmission of a signed copy of a Contract shall be the same as delivery of an original.
D. "Contractor' or"Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Agreement, and shall include all employees and agents thereof.
E. "Modified Total Direct Costs" (MTDC) shall mean all direct salaries and wages,
applicable fringe benefits, materials and supplies, services, travel, and up to the first
$25,000 of each subaward (regardless of the period of performance of the subawards
under the award). MTDC excludes equipment, capital expenditures, charges for patient
care, rental costs, tuition remission, scholarships and fellowships, participant support
costs and the portion of each subaward in excess of$25,000,
F. "Personal Information" shall mean information identifiable to any person, including, but
not limited to, information that relates to a person's name, health, finances, education,
business, use or receipt of governmental services or other activities, addresses,
telephone numbers, social security numbers, driver license numbers, other identifying
numbers, and any financial identifiers, and "Protected Health Information" under the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
G. "State" shall mean the state of Washington.
H. "Subaward" shall mean an award provided by a pass-through entity to a Subrecipient for
the Subrecipient to carry out part of a Federal award received by the pass-through entity.
It does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program. A Subaward may be provided through any form of
legal agreement, including an agreement that the pass-through entity considers a
Contract.
I. "Subcontractor' shall mean one not in the employment of the Contractor, who is
performing all or part of those services under this Contract under a separate contract
with the Contractor. The terms"Subcontractor" and "Subcontractors" mean
subcontractor(s) in any tier.
J. "Subrecipient" or"Subgrantee" shall mean a non-Federal entity that receives
a Subaward from a pass-through entity to carry out part of a Federal program, but does
not include an individual that is a beneficiary of such program. A Subrecipient may also
be a recipient of other Federal awards directly from a Federal awarding agency.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
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understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract 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 Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or
assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as
"confidential" by COMMERCE;
H. All material produced by the Contractor that is designated as "confidential" by
COMMERCE; and
iii. All Personal Information in the possession of the Contractor that may not be
disclosed under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The Contractor shall use
Confidential Information solely for the purposes of this Contract 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 Contractor 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 Contractor shall
provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may
require changes to such policies and procedures as they apply to this Contract whenever
COMMERCE reasonably determines that changes are necessary to prevent unauthorized
disclosures. The Contractor shall make the changes within the time period specified by
COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor 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 Contract 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 Contractor 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 Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor 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
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Contractor warrants and represents that the Contractor has all rights and permissions, including
intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to
COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, 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
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
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 Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, 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 Contractor 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 Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract 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 contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
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way after the effective date of this Contract and prior to normal completion, COMMERCE may
suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten
calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the
new funding limitations and conditions.
14. SEVERABILITY
The provisions of this contract 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 contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor 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 Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person
or entity, or(c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable
term or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any
breach in the performance of the Contractor'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 Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract.
Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of
the need to take corrective action. If corrective action is not taken within 30 calendar days, the
contract may be terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract 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 contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the Contractor or a decision by
COMMERCE to terminate the contract. A termination shall be deemed a "Termination for
Convenience" if it is determined that the Contractor: (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 contract 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 Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Contract for services rendered or goods delivered prior to the effective date of
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termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets"clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case
the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to
agree with such determination shall be a dispute within the meaning of the"Disputes"clause of this
contract. COMMERCE may withhold from any amounts due the Contractor 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 contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may
be necessary for completion of such portion of the work under the contract that is not
terminated;
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 Contractor under the
orders and 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 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 contract 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 contract, which is in the
possession of the Contractor and in which COMMERCE 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 Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the
Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of
such property in the performance of this contract, or(ii) commencement of use of such property in
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the performance of this contract, 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 Contractor shall, unless otherwise
provided herein or approved by COMMERCE, be used only for the performance of this
contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE
that results from the negligence of the Contractor or which results from the failure on the
part of the Contractor to maintain and administer that property in accordance with sound
management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall
immediately notify COMMERCE and shall take all reasonable steps to protect the
property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor's
employees, agents or 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 shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A: Scope of Work
The scope of this project is to build upon an eighteen-month project that resulted in the selection of
eight residential plans, many of which are potentially capable of being constructed by local community
members
TASK A - (Outreach to Selected Firms) -Two to Five Months after award (duration three
months)
If new plans are desired, eight months; five months after award if existing stock plans are
used.
Design selection —The first step in the process requires the stock plan subcommittee, supported by
the Chief Strategy Officer, to review the existing plans approved by the Board of County
Commissioners for funding of plan review
1. Stock Plan Committee Reestablishment
a. Reach out to previous stock plan committee members or recruit new members,
including a minimum of one from a low-income household.
b. Review, select existing plans or approve a new call for proposals (see step 2).
2. Initiate call for proposals, if deemed necessary above in 1b/(add three months)
a. Initiate three stock plan committee meetings:
i 15t meeting —review results of survey of the community regarding the
characteristics most sought after in a newly designed energy efficient home
(this occurred with the existing plans selected December 2024, and may not
be necessary),
ii 2nd meeting /preliminary selection and recommendations of plans for funding
of energy efficiency plans
iii. 31d meeting - Board of County Commissioners approval of the stock plan
committee recommendations.
b. Finalize and publish list of stock plans on the county and city websites.
TASK B -(Engineering of energy efficient plans)—Three to six months for engineering /
Months 2 to 8, if existing stock plans are used.
If existing "stock plans" are used, which have yet to be engineered, obtain engineering.
Months 8 to 11, if new plans are established per step A2 above.
If new stock plans are established, secure their engineering.
TASK C—(Publicize availability of stock plans) to low-income households.
1. Draft a local newspaper article regarding the availability of the stock plans
2. Reach out to churches, and other housing providers regarding the stock plans
3. Encourage use of the plans with the goal of identifying those housing providers that may be
most likely to initiate a self-help program in Jefferson County.
See, https://www.housingkitsap.org/becoming-a-homeowner.
TASK D -(Deliverables)—9 or 12 Months after award
1. Low-cost plan sets engineered in accordance with the energy code.
2. List of firms willing to use the plans for self-help housing support.
Attachment B: Budget
EECBG Project Budget—2 years
Project Costs must be:
• Directly related to project Scope of Work.
• Incurred during the budget period.
• Not also billed to any other source.
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Via Cc mmerc'cI
Resource: Code of Federal Regulations: eCFR :: 2 CFR Part 200 Subpart E --Cost Principles
Grant Amount: $253,000
Commerce contract#: 24-51701-004
Fund Source: U.S. Department of Energy
Pass-through Entity: WA State Dept. of Commerce
De Minimis Indirect Rate: 10% unless recipient organization has established its own rate
ALN: 81.128 FAIN: DE-SE0000236
Project Total cost(over 2 years) Instructions: Text below highlighted in yellow provided as an
example. Please remove highlight, delete and replace.
Professional services (w/brief description): PAID INVOICE/S $228,000
Type, billable hours, rate
TOTAL PROFESSIONAL SERVICES $228,000
Materials/Supplies (brief description): PAID INVOICES $0
Equipment, office supplies, printed brochures etc
Internal administration (w/brief description): TIMESHEETS, $25,000
Staff time and expense: # persons, labor hours, avg. wage DOCUMENTATION
rate incl. fringe OF WAGES
TOTAL ADMINISTRATIVE SERVICES $25,000
TOTAL GRANT AMOUNT REQUESTED $253,000
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Attachment C: Quarterly Reporting
Quarterly reports are due to Commerce October 15, January 15, April 15, and July 15.
Grantee will report:
• Progress to completion of planned project
• Status of Energy plan development
• Title of any energy plan-related policies developed
• Brief description of community engagement in plan
• If applicable, any public education plan developed
• Expected date and amount of next A19/warrant to be submitted for reimbursement
• Number of Investment Grade Audits performed
• Square Footage of each IGA performed
• Number of building all types of energy audits performed
• Square footage of each energy audit performed
• Number of commercial audits vs. public building
• If applicable, number of audits for disadvantaged communities, for tribal communities
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