HomeMy WebLinkAboutRATFIY SIGNATURE re: USDA Form RD 1946-46 - 112524 USDA
Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED
(Rev.06-10) OMB No.0570-0062
INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED(
Complete Items 1 through 29 and applicable Items 30 through 34.See FMI.
1.CASE NUMBER LOAN NUMBER FISCAL YEAR
ST CO BORROWER ID
56-016-544320503 2025
2.BORROWER NAME 3.NUMBER NAME FIELDS
Jef f erson County 2I /1,2,or3 from Item 2)
4.STATE NAME
1820 Jefferson St, Port Townsend, WA 98368 Washington
5.COUNTY NAME
Jefferson
GENERAL BORROWER/LOAN INFORMATION
6.RACE/ETHNIC 7.TYPE OF APPLICANT 8.COLLATERAL CODE 9.EMPLOYEE
CLASSIFICATION 1-INDIVIDUAL 6-ORG OF FARMERS REAL ESTATE 1-MACHINERY ONLY RELATIONSHIP CODE
2-PARTNERSHIP 7-NONPROFIT-SECULAR SECURED 5-LIVESTOCK ONLY
8-NONPROFIT-FAITHBASED 1-EMPLOYEE
1 -WHITE 4-HISPANIC
]-CORPORATION 9-INDIAN TRIBE 2-REAL ESTATE 6-CROPS ONLY 2-MEMBER OF FAMILY
2-BLACK 5-AtPI 1-PUBLIC BODY _ AND CHATTEL ]-SECURED By
] A AN 4 I5 FARMERS r 10 OTHER COLLEGE/UNIVERSITY 3-CHATTELNOTEONLYLLY B-BONDS
ACCT I 3<-ASSOC RELATIVE
10.SEX CODE 1-ORGAN1AILEOWNED 11.MARITAL STATUS 12.VETERAN CODE 13.CREDIT REPORT
6 MALE 5-ORGAN FEMA
2-FEMALES-PUBLIC BODYLE OWNED I 1--SEPARATED3
NADOWERR D/DD I(VORCED)S 2 12-NO 2I 2 NOS
14.DIRECT PAYMENT 15.TYPE OF PAYMENT 16.FEE INSPECTION
1-MONTHLY 3-SEMI-ANNUALLY 1-YES m-*"?
(See FMI) 12-ANNUALLY 1-OUA3RTERLY 2I2-NO
17.COMMUNITY SIZE 18.trE OF FUNDS CODE
I-IS 0000R LESS (FOR SFHAND (See FMI
2-OVER 10,000 MPG ONLY) )
COMPLETE FOR OBLIGATION OF FUNDS
19.TYPE OF 20. PURPOSE CODE 21.SOURCE OF FUNDS 22.TYPE OF ACTION
ASSISTANCE
1-OBLIGATION ONLY
894 I (See FMI) 1 I I 2-OBLIGATIOWCMECK REQUEST
13-CORRECTION OF OBLIGATION
23.TYPE OF SUBMISSION 24.AMOUNT OF LOAN 25.AMOUNT OF GRANT
INITIAL
1I2-SUBSEQUENT
1,375, 000
26.AMOUNT OF 27. DATE OF 28.INTEREST RATE 29. REPAYMENT TERMS
IMMEDIATE ADVANCE APPROVAL
MO DAY YR
0 Q/0
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS
30. PROFIT TYPE
2-LIMITED PROFIT
3 I 1-FULL PROFIT 3-NONPROFIT
COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION
31. DISASTER DESIGNATION NUMBER 32.TYPE OF SALE
(See FMp I 1-CREDIT SALE ONLY 2-ASSUMPTION ONLY 4-ASSUMPTION WITH
3-CREDIT SALE WITH SUBSEQUENT LOAN SUBSEQUENT LOAN
FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY
33.OBLIGATION DATE 34. BEGINNING FARMER/RANCHER
MO DA YR
I (See FMI)
If the decision contained above in this form results in denial,reduction or cancellation of USDA assistance,you may appeal this decision and have a hearing or you may request a review in lieu ofa hearing
Please use the form we have included for this purpose.
Position 2
ORIGINAL-Borrower's Case Folder COPY 1 -Finance Office COPY 2-Applicant/Lender COPY 3-State Office
According to the Paperwork Reduction Act of/995,an agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a valid OMB control number The valid
OMB control number for this information collection is 0570-0062. The time required to complete this information collection is estimated to average 15 mantles per response,Including the rime for reviewing tnstr ctions,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.
CERTIFICATION APPROVAL
For All Farmers Programs EM,OL,FO,and SW Loans
This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from the
date of approval on this document,the approval official will request updated eligibility information.The undersigned loan
applicant agrees that the approval official will have 14 working days to review any updated information prior to submitting
this document for obligation of funds.If there have been significant changes that may affect eligibility,a decision as to
eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information.
If this is a loan approval for which a lien and/or title search is necessary,the undersigned applicant agrees that the
15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative
completing title work and completing loan closing.
35. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
36. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates
and terms,taking into consideration prevailing private and cooperative rates and terms in or near my community for loans
for similar purposes and periods of time.I agree to use the sum specified herein,subject to and in accordance with
regulations applicable to the type of assistance indicated above,and request payment of such sum.I agree to report to
USDA any material adverse changes,financial or otherwise,that occur prior to loan closing.I certify that no part of the sum
specified herein has been received.I have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
(For FP loans at eligible terms only)If this loan is approved,I elect the interest rate to be charged on my loan to be the lower of the
interest rate in effect at the time of loan approval or loan closing.If I check"NO",the interest rate charged on my
loan will be the rate specified in Item 28 of this form. YES NO
WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material
fact, or makes any false,fictitious or fraudulent statements or representations,or makes or uses
any false writing or document knowing the same to contain any false,fictitious or fraudulent
statement or entry,shall be fined under t is le or imprisoned not more than five years,or both."
Date November 21 20 24 \ "'
Kate Dean, County Commissioner
(Signature of Applicant)
Date November 21 20 24 k '
Wendy Bart, CA
(Signature of Co-Applicant)
37 I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations
prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket,and
that all requirements of pertinent regulations have been complied with.I hereby approve the above-described assistance in the
amount set forth above,and by this document,subject to the availability of funds,the Government agrees to advance such
amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of
assistance.
(Signature of Approving Official)
Typed or Printed Name:
Date Approved: Title:
38. TO THE APPLICANT:As of this date ,this is notice that your application for financial assistance
from the USDA has been approved,as indicated above,subject to the availability of funds and other conditions required by
the USDA.If you have any questions contact the appropriate USDA Servicing Office.
Position 3
Form RD 1942-46 UNITED STATES DEPARTMENT OF AGRICULTURE FORM APPROVED
(Rev.6-10) RURAL DEVELOPMENT OMB NO.0575-0015
OMB NO.0570-0062
LETTER OF INTENT TO MEET CONDITIONS
Date 11-21-2024
TO: United States Department of Agriculture
Rural Development
(Name of USDA Agency)
215 Melody Lane, Wenatchee WA 98801
(USDA Agency Office Address)
We have reviewed and understand the conditions set forth in your letter dated 11-21-2024 ,It is our intent to meet all of
them not later than 12-31-2026
Jefferson County
(Name of Association)
BY `
Kate Dean, BOCC Chair
(Title)
olynpic Peninsula YMCA
Name locierio
BY [kl A!1��dlN
Wendy Bart, CEO Olympic Peninsula YMCA
(Title)
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor.and a persons is not required to respond to a collection of information
unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0575-0015 and 0570-0061.The time required to
complete this information collection is estimated to average 1 hour per response,including the time for reviewing instructions,searching existing data sources,
gathering and maintaining the data.needed,and completing and reviewing the collection of information.
Form RD 1942-46(Rev.6-10)
USDA
United States Department of Agriculture
November 21, 2024
Ms. Kate Dean Ms. Wendy Bart
Jefferson County Commissioner Chief Executive Officer
Jefferson County Washington Olympic Peninsula YMCA
P.O. Box 563 601 N. 5th Ave
Port Townsend, WA 98368 Sequim, WA 98382
Subject: Letter of Conditions for a Community Facilities Grant to
Jefferson County Child Care
Dear Ms. Dean and Ms. Bart:
This letter, with attachments, establishes conditions that must be understood and agreed to by the
applicant before further consideration may be given to the application for assistance under the
Community Facilities (CF)Program. Any changes in project cost, source of funds, scope of
services, or any other significant changes(this includes significant changes in the applicant's
financial condition,operation, organizational structure or executive leadership) in the project or
applicant must be reported to and approved by USDA Rural Development by written amendment
to this letter. Any change not approved by USDA Rural Development will be cause for
discontinuing processing of the application.
This letter is not to be considered as grant approval or as representation to the availability of
funds. The application can be processed on the basis of a USDA Rural Development grant not to
exceed $1,375,000. Funds for this project are provided by the Rural Housing Service (RHS) for
the amount, recipient, purpose, and location specified in the applicable Appropriations Act.
Please complete and return the attached Form RD 1942-46, "Letter of Intent to Meet
Conditions," and Form RD 1940-1, "Request for Obligation of Funds,"within the next ten (10)
days, if you desire that we give further consideration to your application. The execution of these
and all other documents required by USDA Rural Development must be authorized by
appropriate resolutions of the applicant's governing body.
The grant will be considered approved on the date Form RD 1940-1, "Request for Obligation of
Funds," is mailed by USDA Rural Development.
Rural Development•Wenatchee Office
215 Melody Ln•Wenatchee,WA 98801
Voice 509-415-3817•Fax 855-847-5488•
USDA is an equal opportunity provider,employer and lender.
Jefferson County November 21,2024
Letter of Conditions Page 2
Project Budget—Based on Standard Form 424, "Application for Federal Assistance,"the
project cost and funding will be as follows:
a. Project Cost Total USDA Grant Other Funding Souce
Design Architectural Fees $200,000
Additional Engineering
and Architectural $15,000
Construction $3,593,400
Legal $50,000
Equipment $200,000
Land $1.00
Contingencies $656,599
TOTAL: $4,715,000 $1,375,000 $3,340,000
b. Source of Funds
Applicant Injection (cost share) $0.00
USDA Grant $1,375,000
CDBG $2,000,000
DOC Community Capital Funds $1,000,000
CARES $50,000
ARPA $290,000
TOTAL: $4,715,000
The applicant understands and agrees that no project funds will be expended, or contracts issued
for construction activities until all funds necessary for the successful construction and
development of the project have been secured. The Agency will not disburse funds for
construction or renovation activities until the applicant has secured all remaining project funds.
Any changes in funding sources following obligation of Agency funds must be reported to the
processing official. Project feasibility and funding will be reassessed if there is a significant
change in project costs after bids are received. If actual project costs exceed the project cost
estimates, an additional contribution by the borrower may be necessary.
Section I of the attached conditions (Items 1-9) must be satisfied prior to grant closing or
before construction begins, whichever occurs first, in either case not later than twelve (12)
months from the date of this letter. In the event the project has not advanced to the point of
construction within twelve(12) months, USDA Rural Development reserves the right to
discontinue the processing of the application.
Jefferson County November 21,2024
Letter of Conditions Page 3
In addition to the conditions in Sections I-III, the applicant must fully comply with all
requirements on Form RD 3570-3, Community Facilities Grant Agreement. The Agency
reserves the right to cancel funds if the applicant does not fully comply with all
requirements as presented or subsequently modified, as needed.
If you have any questions, feel free to contact this office.
Sincerely,Wy7//,
��
Koni Reynolds
Community Program Director
Jefferson County November 21,2024
Letter of Conditions Page 4
ATTACHMENT TO LETTER OF CONDITIONS
SECTION I. CONDITIONS TO BE SATISFIED PRIOR TO GRANT CLOSING
1. Disbursement of Funds
a. The applicant will provide evidence that funds from other sources will be made
available for the project cost in the amount of$3,083,401. This evidence should
include a copy of the loan/grant award that addresses how funds will be disbursed.
b. Agency funds will not be used to pre-finance funds committed to the project from
other sources.
2. Security Requirements
a. The applicant will be required to complete and execute Form RD 3570-03,
"Community Facilities Grant Agreement"before grant funds are disbursed. The
Agency will not disburse funds until all project funding sources have been secured.
The applicant may request an exception if this requirement impedes the applicant's
ability to carryout the project specified in the applicable appropriations bill.
b. Prior to any disbursement of funds, a Notice of Federal Interest must be recorded in
the official real property records for the jurisidition where the facility is or will be
located. The applicant must provide evidence of the recording. Federal interest cannot
be defeated by a grantee's failure to file a Notice of Federal Interest.
c. The grantee understands that any property improved with Federal grant funds may
have use and disposition conditions which apply to the property as provided by 2
CFR part 200 as adopted by USDA through 2 CFR part 400 in effect at this time and
as may be subsequently modified.
a. The grantee understands that any sale or transfer of property is subject to the interest
of the United States Government in the market value in proportion to its participation
in the project as provided by 2 CFR part 200 as adopted by USDA through 2 CFR
part 400 in effect at this time and as may be subsequently modified.
b. In accordance with 2 CFR 200.330, the grantee understands that it must submit
regular reports on the status of real property in which the Federal Government retains
an interest. Reports shall be submitted annually for the first three years of the award
and every five years thereafter on SF-429 Real Property Status Report, or similar
format.
Jefferson County November 21,2024
Letter of Conditions Page 5
3. Insurance and Bonding Requirements—The applicant must provide evidence of
adequate fidelity bond insurance by grant closing or start of construction, whichever
occurs first. Adequate coverage, in accordance with USDA Rural Development's
regulations, must then be maintained for the life of the grant. It is the responsibility of
the applicant and not that of USDA Rural Development to assure that adequate
insurance and fidelity bond coverage is maintained. Applicants are encouraged to
review coverage amounts and deductible provisions with their attorney, consulting
architect, and/or insurance provider(s).
a. Property Insurance—Fire and extended coverage will be required on all above-ground
structures, including applicant-owned equipment and machinery housed therein.
Provide USDA Rural Development with proof of coverage.
b. Workers' Compensation Insurance—The applicant will be required to carry workers'
compensation insurance for all employees in accordance with state law. Provide
USDA Rural Development with proof of coverage.
c. General liability and vehicular coverage must be maintained—Provide USDA Rural
Development with proof of coverage.
4. Civil Rights & Equal Opportunity—The grantee has received an award of Federal
funding and is required to comply with U.S. statutory and public policy requirements,
including but not limited to:
a. Age Discrimination Act of 1975—This Act(42 U.S.C. 6101 et seq.)provides that no
person in the United States shall on the basis of age, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
b. Agency financial programs must be extended without regard to race, color, religion,
sex, national origin, marital status, age, or physical or mental handicap. The recipient
must display posters (provided by the Agency) informing users of these requirements,
and the Agency will monitor the recipient's compliance with these requirements
during regular compliance reviews.
c. The applicant is subject to a post-grant closing civil rights compliance review by
USDA Rural Development utilizing Form RD 400-8, "Compliance Review."
d. As a recipient of Rural Development funding, you are required to post a copy of the
Non-Discrimination Statement listed below in your office and in include in full, on all
materials produced for public information,public education, and public distribution
both print and non-print.
Jefferson County November 21,2024
Letter of Conditions Page 6
Non-Discrimination Statement
"This institution is an equal opportunity provider and employer."
If you wish to file a Civil Rights program complaint of discrimination, complete the
USDA Program Discrimination Complaint Form, found online at
https://www.ocio.usda.gov/document/ad-3027, or at any USDA office, or call (866) 632-
9992 to request the form. You may also write a letter containing all of the information
requested in the form. Send your completed complaint form or letter to us by mail at U.S.
Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue, S.W., Stop 9410, Washington, D.C. 20250-9410, by fax(202)
690-7442 or email at program.intake@usda.gov.
If the material is too small to permit the full statement to be included,the material at a
minimum includes the statement in print size no smaller than the text that"This
institution is an equal opportunity provider and employer."
5. Written Agreements for Professional Services (if applicable)
a. A Legal Services Agreement with your Attorney will have to be approved by USDA
Rural Development.
b. An Agreement for Architectural Services with Present Future Architects will have to
be approved by USDA Rural Development.
6. Land and Rights-of-Way —The applicant must present satisfactory evidence that
they have obtained, or can obtain, any and all lands, rights-of-way, easements,permits
and franchises which are required by the architectural plan. Acquisitions of necessary
land and rights must be accomplished in accordance with the Uniform Relocation and
Real Property Acquisition Act. The following forms may be used for these purposes:
a. Form RD 442-20, "Right-of-Way Easement"
b. Form RD 442-21, "Right-of-Way Certificate" (with map attached)
c. Form RD 442-22, "Opinion of Counsel Relative to Rights-of-Way"
7. Permits For Design/Build Projects -All permits involving Federal, State, and local
agencies must be obtained and evidence thereof provided to USDA Rural
Development prior to the start of the construction phase of the project.
Jefferson County November 21,2024
Letter of Conditions Page 7
8. Environmental Reviews—The project as proposed has been evaluated to be
consistent with the National Environmental Policy Act. Other Federal, State,tribal,
and local laws, regulations and or permits may apply or be required. During any stage
of project development, including construction, should environmental issues develop
which require mitigation measures, USDA Rural Development applicants are required
to notify USDA Rural Development and comply with such mitigation measures.
Failure by an applicant to implement mitigation measures may disqualify the project
from Agency funding. Mitigation measures identified or prepared as part of the NEPA
environmental process must be implemented. If the project or any project element
deviates from or is modified from the originally-approved project, additional
environmental review may be required.
At the conclusion of the proposal's environmental review process, specific action(s)
were determined necessary to avoid or minimize adverse environmental impacts. As
outlined in the Environmental Report dated October 13, 2023,the following actions
are required for successful completion of the project and must be adhered to during
project design and construction:
1. Client to obtain all necessary permits for the project.
2. Client to use Construction Best Management Practices (BMP)for temporary
erosion, sedimentation, and dust controls during construction of project.
3.The following Inadvertent Discovery Plan (IDP) must be in place before Notice
to Proceed is issued.
4.Mitigation requirements include all clean-up actions required by applicable
federal, state, tribal, or local law.
INADVERTENT DISCOVERY PLAN
The Inadvertent Discovery Plan (IDP)outlines procedures to perform in the event
of discovering archaeological materials or human remains, in accordance with
state and federal laws.
RECOGNIZING CULTURAL RESOURCES
A cultural resource discovery could be prehistoric or historic including:
1. An accumulation of shell, burned rocks, bricks, etc.
2. Bones or small pieces of bone
3. An area of charcoal or very dark stained soil with artifacts
4. Stone tools (flakes,projectile points,pestle, mortar, new weights, flaked
cobbles)
5. Clusters of tin cans,bottles, or other historic artifacts that appear to be older
than 50 years
6. Logging, agricultural, or railroad materials
Jefferson County November 21,2024
Letter of Conditions Page 8
ON-SITE RESPONSIBILITIES
1. Stop Work. If any employee, contractor, or subcontractor believes that he or
she has discovered or uncovered a cultural resource at any point in the project, all
work must stop in the immediate area of the discovery. Leave the surrounding
area untouched and protect the discovery location.Notify the appropriate party(s).
2.Notify Appropriate Party(s). Notify a professional archaeologist of any possible
cultural resources. A professional archaeologist may be needed to assess the
discovery and they will consult with State Historic Preservation Officer(SHPO)
and appropriates tribes to determine an appropriate course of action.
Archaeological excavations may be required. This is handled on a case-by-case
basis by the professional archaeologist and project manager, in consultation with
the SHPO and appropriate Tribes.
SPECIAL PROCEDURES FOR THE DISCOVERY OF
HUMAN SKELETAL MATERIAL
If earth disturbing activities on any area of the project uncover human remains, all
work shall cease immediately in accordance with Washington State Statute RCW
37.44. The remains must not be disturbed in any way and no photographs are to
be taken. Without delay the project manager will notify law enforcement agency
at the contacts listed below. The area must be secured with work not continuing
until all consulting parties(DAHP and appropriate Tribes) involved have an
agreed upon course of action.
IDP CONTACTS
1. Department of Archaeology &Historic Preservation Officer(360) 586-3065
2. Jefferson County Sheriff(360) 385-3831
3. USDA RD Environmental Coordinator, Ian Sims(509)415-3815
9. Architectural and Construction
a. USDA Rural Development must approve any agreements or modifications to
agreements for professional planning and design services. AIA Document "Standard
Form of Agreement Between owner and Architect," may be used when appropriate or
other Agency approved forms of agreement
b. All construction will be completed under contract. The planning, bidding,
contracting, and construction must comply with 7 CFR 1942.9, 1942.18, and any
additional requirements of state law and the requirements of other County, State, or
Federal agencies.
c. The following must be reviewed and approved by USDA Rural Development in the
sequence indicated:
Jefferson County November 21, 2024
Letter of Conditions Page 9
i. Agreement for Architectural Services
ii. Final Plans and Specifications for the project
iii. Draft/Construction Bid Documents, prior to Going Out to Bid
iv. Bid Award Information
v. Executed Contract Documents
d. Affirmative steps should be taken to assure that small, minority and/or women-owned
businesses are utilized as source of supplies, equipment, construction, and services.
e. The Plans & Specifications must be reviewed and approved, when applicable, by any
regulatory or other agencies that are required to review these documents.
f. A representative of USDA Rural Development will attend all pre-construction
conferences in connection with this project. These conferences must be held prior to
the issuance of the Notice to Proceed to the contractors. The applicant's architect will
conduct the conference and document the discussions and agreements.
10. BUILD AMERICA,BUY AMERICA ACT (BABAA)
The Recipient must comply with the provisions of the Build America, Buy America Act
(the "Act"). Pub. L.No. 117-58, §§ 70901-52,which was enacted on November 15,
2021. The Act requires that"none of the funds made available for a Federal financial
assistance program for infrastructure may be obligated for a project unless all of the iron,
steel, manufactured products, and construction materials used in the project are produced
in the United States." Recipients of an award of Federal financial assistance from a
program for infrastructure are hereby notified that none of the funds provided under this
award may be used for a project for infrastructure unless:
a. All iron and steel used in the project are produced in the United States. This
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States.
This means the manufactured product was manufactured in the United States, and
the cost of the components of the manufactured product that are mined,produced,
or manufactured in the United States is greater than 55 percent of the total cost of
all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States. This means that
all manufacturing processes for the construction material occurred in the United
States.
Jefferson County November 21,2024
Letter of Conditions Page 10
10.1. Materials and Equipment
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment,that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
10.2. Waiver Process
When necessary, recipients may apply for, and the Agency may grant, a waiver from
these requirements. The Agency will notify the recipient for information on the
process for requesting a waiver from these requirements. When the Federal agency
has determined that one of the following exceptions applies,the awarding official
may waive the application of the domestic content procurement preference in any
case in which the Agency determines that:
a. Applying the domestic content procurement preference would be inconsistent
with the public interest;
b. The types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or
of a satisfactory quality; or
c. The inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by
more than 25 percent.
A request to waive the application of the domestic content procurement preference
must be in writing. The Agency will provide instructions on the format, contents, and
supporting materials required for any waiver request. Waiver requests are subject to
public comment periods of no less than 15 days and must be reviewed by the Made in
America Office. There may be instances where an award qualifies, in whole or in
part, for an existing waiver, as determined by the Agency.
10.3. Definitions (as applied in this condition only)
"Construction Materials" include an article, material, or supply—other than an item
of primarily iron or steel; a manufactured product; cement and cementitious
materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or
additives—that is or consists primarily of:
Jefferson County November 21, 2024
Letter of Conditions Page I I
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite
building materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall.
"Domestic Content Procurement Preference" means all iron and steel used in the
project are produced in the United States; the manufactured products used in the
project are produced in the United States; or the construction materials used in the
project are produced in the United States.
"Infrastructure" includes, at a minimum,the structures, facilities, and equipment for,
in the United States, roads, highways, and bridges; public transportation; dams,ports,
harbors, and other maritime facilities; intercity passenger and freight railroads; freight
and intermodal facilities; airports; water systems, including drinking water and
wastewater systems; electrical transmission facilities and systems; utilities; broadband
infrastructure; and buildings and real property. Infrastructure includes facilities that
generate,transport, and distribute energy.
"Project" means the construction, alteration, maintenance, or repair of infrastructure
in the United States.
10.4. Compliance
The Recipient must comply with the provisions of the Build America, Buy America
Act(BABAA). Pub. L.No. 117-58, §§ 70901-52, which was enacted on November
15, 2021. By accepting these conditions,the Recipient attests that they or their
designee(s) will maintain documentation for BABAA provisions to indicate
compliance. Documentation may include,but is not limited to, authoritative
statements, certifications, affirmations, sworn statements, daily logs,photographic
material and other evidence indicating compliance. Documentation must be available
and reviewable upon request.
Domestic Products
If the product(s) utilized in the project are determined to be domestic,the following is
required:
• Evidence from the manufacturer that demonstrates compliance with BABAA,
such as an authoritative statement or certification specific to the purchase,
• Sworn Statements by supervising contractors or licensed architects and
professional engineers, as applicable.
Jefferson County November 21,2024
Letter of Conditions Page 12
Manufacturers
• For each item to which BABAA applies(every item permanently installed on
the project, except for aggregate and aggregate binding materials),
• a manufacturer's certification letter or other document demonstrating
compliance is required. It must, at a minimum, identify the item being
certified (short written description as well as part number, if
applicable) and affirm that the item complies with BABAA.
• This document must be signed by an authorized company
representative.
• The manufacturer may submit a letter on letterhead or provide other
evidence acceptable to the Agency.
Architects and Engineers (A/E)
• The need to comply with BABAA will be spelled out in agreements for A/E
services, construction contracts, and procurement contracts. Generally,the
A/E contract will include, as a basic service,
•
• and maintaining all BABAA documentation (particularly
manufacturers' certifications) during construction, which shall be
transferred to the recipient upon substantial completion of the project.
• The architect or engineer will need to certify to this action at the
project's end.
Resident project representative(RPR)/Resident inspector(RI)
• As part of their duties, RPR/RI will be instructed to verify items delivered to
the site and installed are accompanied by documentation of compliance with
BABAA.
• They will photograph items as appropriate.
• RPR/RI daily logs and photographs will become part of the
construction record and can be used as supporting information during
audits,providing evidence for items that are buried or otherwise
inaccessible.
Contractors
• The construction contract(s)will include a requirement to procure and install
only items that comply with BABAA or are subject to a waiver approved by
the Secretary of Agriculture or designee.
• The contractors are to provide manufacturers' certifications for all BABAA
compliant items to the architect/engineer no later than with applications for
payment.
• At substantial completion, the contractor will be required to certify that all
items used on the contract complied with BABAA and that all manufacturers'
certifications were provided to the architect/engineer.
Jefferson County November 21,2024
Letter of Conditions Page 13
12. Electronic Funds Transfer—All grant funds will be transferred to grantees via
Electronic Funds Transfer/Automated Clearinghouse Systems (EFT/ACH). Normal
transfers will be ACH, with money being placed in the grantees account two business
days after the USDA processing office approves the pay request. The applicant must
submit the Electronic Funds Transfer Form containing the banking(ACH) information
to the USDA Servicing Office at least 45 days prior to the date of grant closing.
Failure to do so could delay grant closing.
SECTION II. GRANT CONDITIONS TO BE SATISFIED DURING CONSTRUCTION
1. Disbursement of Grant Funds—USDA Rural Development funds will be disbursed as
they are needed in the amount(s) necessary to cover the Rural Development proportionate
share of obligation due and payable to the Grantee.
2. Inspections—A full-time resident inspector/project manager is required during
construction unless a written exception is made by the Agency upon your written request.
This service is to be provided by the consulting architect or other arrangements as
approved by the Agency. Prior to the pre-construction conference, a resume of
qualifications of the resident inspector(s) will be submitted to the owner and Agency for
review and approval. The owner will provide a letter of acceptance for all proposed
observers to the architect and Agency. The inspection reports must be available to
USDA Rural Development for review at any time. These reports must be kept at the
project site or borrower's office, if nearby.
3. Monthly Reporting—The applicant must monitor and provide a monthly reports to
USDA Rural Development on actual performance for each project financed, or to be
financed, in whole or in part with USDA Rural Development funds. For construction
projects, include Forms RD 1924-18, "Partial Payment Estimate" or similar format.
4. Final Inspection—A final inspection will be made by USDA Rural Development on the
component USDA is financing before final payment is made.
5. Excess Funds—Any remaining funds must be utilized for approved purposes within 120
days following the final inspection or the funds will be canceled without further
notification from USDA Rural Development.
Jefferson County November 21,2024
Letter of Conditions Page 14
SECTION III. GRANT CONDITIONS TO BE SATISFIED AFTER PROJECT
COMPLETION
1. Financial Statements—To be submitted on an annual basis in accordance with the
following:
a. An annual audit under the Single Audit Act is required if the recipient expends
$750,000 or more in Federal financial assistance per fiscal year. The total Federal
funds expended from all sources shall be used to determine Federal financial
assistance expended. Expenditures of interim financing are considered Federal
expenditures.
All audits are to be performed in accordance with 2 CFR Part 200, Subpart F, as
adopted by USDA through 2 CFR Part 400. Further guidance on preparing an
acceptable audit can be obtained from the Agency. The audit must be prepared by
an independent licensed Certified Public Accountant, or a State or Federal auditor
if allowed by State law, and must be submitted within 9 months of the recipients
fiscal year end.
b. For local governments and Indian tribes, an audit in accordance with State or local
law or regulation or regulatory agency requirements must be submitted when you
expend less than $750,000 in Federal financial assistance per fiscal year. These
audits shall be submitted to USDA no later than 150 days after the end of the
borrower's fiscal year.
c. All borrowers exempt from USDA audit requirements and who do not otherwise
have annual audits, will within 60 days following the end of the borrower's fiscal
year furnish USDA with annual financial statements, consisting of a verification
of the organization's balance sheet and statement of income and expenses. The
recipient may use Form RD 442-2, "Statement of Budget, Income and Equity,"
and 442-3, "Balance Sheet," or similar format to provide the financial
information.
2. Audit agreement—If you are required to obtain the services of a licensed Certified
Public Accountant(CPA), you must enter into a written audit agreement with the auditor.
The audit agreement may include terms and conditions that you and auditor deem
appropriate.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Amanda Christofferson,Grants Administrator
DATE: November 25,2024
SUBJECT: RATIFY SIGNATURE re: USDA Form RD 1942-46, `Letter of Intent to Meet
Conditions' and Form 1940-1, `Request for Obligation of Funds', for signature
between United States Department of Agriculture-Rural Development(USDA-RD)
and Jefferson County
STATEMENT OF ISSUE:
There is a need for funding to construct an early learning facility in Jefferson County to support the care of
young children. A $1,375,000.00 grant of federal funds from Congressionally Directed Spending via USDA
RD to the county with no match requirement has been awarded to accomplish this. In order for these funds
to be obligated Jefferson County and the co-applicant,the Olympic Peninsula YMCA, must sign Form RD
1942-46, `Letter of Intent to Meet Conditions' and Form RD 1940-1, `Request for Obligation of Funds'.
Form RD 1942-46 refers to the `Letter of Conditions for a Community Facilities Grant to
Jefferson County Child Care'(LOC) signed by the USDA RD on November 21, 2024 and attached to this
request.
ANALYSIS:
Staff have conferred with PAO and co-applicant that meeting all conditions included in the LOC is
reasonable and achievable.
FISCAL IMPACT:
This is a$1,375,000.00 grant of federal funds from Congressionally Directed Spending via USDA RD to the
county with no match requirement.
RECOMMENDATION:
The PAO has reviewed the `Letter of Conditions' and approved of it as to form, staff have confirmed with
project partner and contractors that all conditions can be reasonably be met. The PAO has also opined that
as the Form RD 1940-1 and Form RD 1942-46 are not contracts they do not require risk and legal review.
Staff requests that the Board of County Commissioners make a motion to ratify the signing of these forms
by the BOCC Chair.
REVIEWED BY: ( � 2' •
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Mark McCaule ounty Administrator Date PC' o<`
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