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Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Administrator
FROM:
Leslie Locke, Deputy Clerk of the Board
DATE:
February I, 2010
SUBJECT:
AGREEMENT NO. 10-64100-004 re: 2010 Community Development Block
Grant (DCBG) Public Services Grant for Olympic Community Action Programs
(OlyCAP); Jefferson County Administrator; Washington State Department of
Community, Trade and Economic Development (CTED)
STATEMENT OF ISSUE:
AGREEMENT NO. 10-64100-004 re: 2010 Community Development Block Grant (DCBG) Public
Services Grant for Olympic Community Action Programs (OlyCAP); Jefferson County Administrator;
Washington State Department of Community, Trade and Economic Development (CTED)
RECOMMENDATION:
Approve AGREEMENT NO. 10-64100-004 re: 2010 Community Development Block Grant (DCBG)
Public Services Grant for Olympic Community Action Programs (OlyCAP); Jefferson County Administrator;
Washington State Department of Community, Trade and Economic Development (CTED)
;:() ,7Itc:
Date
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J'HINe.
Department of Commerce
Innovation is in our nature.
Grant Agreement with:
Jefferson County
through
Community Development Block Grant (CDBG) Program
Public Services Grant
For:
Public services to low income persons in Jefferson and Clallam
Counties through the Olympic Community Action Program
Start date: January 1, 2010
Washington State Department of Commerce
www.COMMERCE.wa.goY
TABLE OF CONTENTS
FACE SHEET
CONTRACT TERMS AND CONDITIONS
Special Terms and Conditions'
1. Definitions. ........... .... ... ..... ......... ......... ....... ......... ................... ....... ............ 1
2. Access to Records................................................................................... 1
3. Acquisition and Disposition of Assets....................................................... 1
4. Agreement Management ......................................................................... 2
5. Anti-Lobbying Certification and Disclosure Form ..................................... 2
6. Billing Procedures and Payment.............................................................. 2
7. Closeout........ ...... ....... .............. .......... .... ..... ....... ........ ...... ........ ............... 2
8. Environmental Review ............................................................................. 3
9. Equal Opportunity Treatment for Faith Based Organizations..................4
10. Insurance....... ...:............ ... ...... ............ ....... ............ ..... ...... .... ................... 4
11. Subcontracts for Engineering Services ....................................................6
12. Program Income ...................................................................................... 6
13. Reports..... ................................................. ................. ...... ............... ........ 6
14. Order of Precedence ............................................................................... 6
General Terms and Conditions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Definitions................................................................................................ 1
All Writings Contained Herein .................................................................. 1
Amendments........................................................................................... 1
Assignment.............................................................................................. 1
Attorney Fees .......................................................................................... 1
Audit..... ... .... ...... ... ....... ...... ... ..... .... ... ... ................ ........ ... ... .... .... ...... .... .... 1
Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion ......................................................... 3
Confidentiality/Safeguarding of Information.............................................. 3
Conformance ........................ .. ............................ ...................... .............. 4
Copyright Provisions............. ..................................................................4
Disallowed Costs ................. ..................................................................5
Disputes...... ................... ... .................,. ...... ...... ......... ;....... ........ .......... .... 5
Duplicate Payment. .... ......... .................. ...... ...... ......... .......................... .... 5
Ethics/Conflicts of Interest ....................................................................... 5
Governing Law and Venue ..............................................:....................... 5
Indemnification .......... ..... .... ... ..... ....... ....... ................. ... .......... ....... ... ....... 5
Independent Capacity of the Contractor................................................... 6
Industrial Insurance Coverage .................................................................6
Laws ...... .......... ... ....... ... ...... ... ... ...... ... ....... ...... ........... ... .......... .... ... ... ....... 6
Licensing, Accreditation and Registration ................................................ 8
Limitation Of Authority............................................................................. 8
Noncompliance With Nondiscrimination Laws.......................................... 8
Political Activities .....................................................................................8
Prevailing Wage Laws ...................................................................,......... 8
Procurement Standards for Federally Funded Programs .........................9
Prohibition Against Payment Of Bonus Or Commission........................... 9
Publicity........ ................ ... ......... ................... ......... ........... .... ....... ........... 10
Recapture.............................................................................................. 10
Records Maintenance...... ......... ... ...................... .............. .... ....... ........... 10
Registration With Department Of Revenue ............................................ 10
Savings.................................................................................................. 10
32. Severability ............................................................................................ 10
33. Subcontracting................. ................................ ...................................... 10
34. Survival. .............. ............................ ............................... .................. ...... 11
35. Taxes. ........... ......... .................... .............. .................... .......................... 11
36. Termination for Cause/Suspension........................................................ 11
37. Tennination for Convenience................................................................. 11
38. Termination Procedures......................................................................... 11
39. Waiver ................................................................................................... 12
Attachment A, Scope of Work
Attachment B, State and Federal Requirements and Assurances
Attachment C, Letter to Incur Costs (if applicable)
.
FACE SHEET
Contract Nnmber: 10-64100-004
Wasbington State Department of Commerce
Local Government Division
Community Development Programs
Community Development Block Grant (CDBG) Program
Public Services Grant
1. Contractor 2. Contractor Doing Business As (optional)
Jefferson County Olympic Community Action Programs
PO Box 1220 Timothy Hockett, Executive Director
Port Townsend W A 98368 803 W Park A venue
Port Townsend, W A 98368
3. Contractor Representative 4. COMMERCE Representative
Karen Bednarski, Grant Coordinator Kaaren Roe, Project Manager PO Box 42525
Pbone: (360) 385-9383 Phone: 360.725.3018 906 Columbia Street SW
Fax: (360) 385-9382 Fax: (360) 664-3123 Olympia, WA 98504-2525
Email: kbednarski@co.jefferson.wa.us Kaaren.roe@cornmerce.wa.gov
5. Agreement Amount 6. Funding Source 7. Start Date 8. End Date
$142,948 Federal: [2J State: 0 Other: 0 N/A: 0 01/01/2010 2/28/2011
9. Federal Funds (as applicable) Federal Al!encv CFDA Number
$142,948 U.S. Department of Housing and Urban 14.228
Develooment (HUD
10. Tax 10 # 111. SWV # 12. UBI # 113. DUNS #
91-6001322 0002430-00 N/A 179278197
14. Agreement Purpose
$142,948 for public services to low income persons in Jefferson and Clallam Counties through the Olympic Community Action
Programs. A full descriotion of this oroiect is in AttacJnnent "A".. Scooe of Work and Bud!!et.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defmed above, acknowledge and accept the terms
of this Agreement and attachments and have executed this Agreement on the date below to start as of the date and year referenced
above. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other
documents incorporated by reference: Contractor Special and General Tenus and Conditions including Attachment "A" - Scope
of Work and Budget, AttacJnnent "B" - State and Federal Requirements and Assurances, AttacJnnent "C" - Letter to Incur Costs (if
applicable), AttacJnnent "D" - Additional Conditions and Agreement for Interim FinancinglCDBG Float-Funded Activity (if
applicable), and AttacJnnent "E" - Assignment of Rights, Title, and Interest (if applicable), and the following documents
incorporated herein by reference: Contractor's application for funding and the Community Development Block Grant Policies and
Procedures, prepared by Commerce.
FOR CONTRACTOR FOR COMMERCE
The Honorable David Snllivan Karen J. Larkin, Assistant Director
.:!effe.!s.<>n County c:.olllmissillller Local Government Division
- -
Date Date
APPROVED AS TO FORM ONLY
. IJpro'~1 as to form O:'.J' Alice Blado, Assistant Attorney General (Signature on File)
.n (;' 0 I ~ "W)u Mav 29.2009
Date
''''j[~ tL . m.'
. --'i':L:OI1 CO, Prosecu 9'" C,,'.
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1. DEFINITIONS
A. "Subcontractor" in the General Conditions of this Agreement shall mean the same as the term
"subrecipient" found in the federal Community Development Block Grant (CDBG) rules and
regulations and the term "contractor" found in the procedures and policies in state's CDBG
Management Handbook.
B. "Low- and moderate-income" shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size.
C. "Low-, moderate-, and middle-income" shall mean a household income equal to or less than 120
percent of the area median income, measured as 2.4 times the current Section 8 income limit for
households below 50 percent of median income, adjusted by family size.
D. For purposes of the Neighborhood Stabilization Program only, the term "Iow- and moderate-
income person" as it appears throughout the CDBG regulations at 24 CFR part 570 shall be
defined as a member of a low-, moderate-, and middle-income household.
2. ACCESS TO RECORDS
COMMERCE and duly authorized officials of the state and the federal government shall have full
access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records,
and books of the Contractor and of persons or organizations with which the Contractor may contract,
involving transactions related to the project and this contract.
3_ ACQUISITION AND DISPOSITION OF ASSETS
The Contractor will account for any tangible personal property acquired with grant funds.
The use and disposition of real property and equipment under this Agreement will be in compliance
with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable,
which include but are not limited to the following:
Real property that was acquired or improved, in whole or in part, with Community Development Block
Grant (CDBG) funds under this Agreement in excess of $25,000 shall be used to meet one of the
CDBG national objectives for ten (10) years after the Agreement is closed. Any exception must be
made with COMMERCE's approval and the Contractor will be responsible to pay COMMERCE an
amount equal to the current fair market value of the property less any portion of the value attributable
to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment
from the disposition of real property acquired with grant funds within 1 O-years of closeout of this
Agreement shall be treated as program income under Section 12 of these Special Terms and
Conditions.
In cases in which equipment acquired, in whole or in part, with funds under Ihis Agreement is sold,
the proceeds will be program income.
Real property acquired, improved or sold, in whole or part, with Neighborhood Stabilization Program
(NSP) funds shall comply with the requirements of Public Law 110-289, Housing and Recovery Act of
2008 (HERA), section 2301, which includes but is not limiled to:
Section 2301(d)(1) current market appraisal requir.ents to determine the statutory purchase
discount and to ensure purchasers are paying below-market value for the home or property;
Section 2302(d)(3) sale amounl restrictions for any abandoned or foreclosed upon home or
residential property purchased, redeveloped, or otherwise sold to an individual as a primary residence
to an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or
property up to a decent, safe, and habitable condition; and
Section 2301 (f)(3) affordability requirements as stipulated in 24 CFR 92.252 for rental housing units
or 24 CFR 92.254 for owner-occupied housing units or for a longer period of time if practicable;
COMMERCE I Local Government Agreement for Federal Funds
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
4. AGREEMENT MANAGEMENT
The Representative for each of the parties identified on the Face Sheet of this A9reement shall be
responsible for and shall be the contact person for all communications and billings regarding the
performance of this Agreement
5. ANTI-LOBBYING CERTIFICATION AND DISCLOSURE FORM
Contractor, defined as the primary participant and its principals, certifies by signing these
Special Terms and Conditions that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,
or cooperative agreement
B. The above provisions will be met if the grant award from COMMERCE exceeds $100,000 and will
further ensure Ihat their provisions are included in any sub grant, contract, and subcontracts
exceeding $100,000 of grant funds
6. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay the Contractor for allowable expenses tied to approved project activities
according to Attachment A, Scope of Work and Budget
Invoices must be submitted on a Washington State Invoice Voucher form. The voucher form must
report all federal funds on hand as of the date of submittal. Any cash on hand must be subtracted
from the amount of funds requested. Program income earned during the reporting period must also
be deducted from the amount requested.
Invoices shall be mailed to:
Department of Commerce
Local Government Division
128 - 10th Avenue SW
PO. Box 42525
Olympia, Washington 98504-2525
Attention: Contracts Administration Unit (CAU) Project Manager.
Invoices shall describe and document, to COMMERCE's satisfaction, the work performed, the
progress of the project, and fees. The invoice shall include the Agreement number. 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 Agreement or withhold payments claimed by
the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Agreement, including completion of Ihe Environmental Review and the release of
funds (if applicable).
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
7. CLOSEOUT
COMMERCE I Local Government Agreement for Federal Funds
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
The COMMERCE will advise the Contractor to initiate closeout procedures when there are no
impediments to closing and the following criteria have been met or soon will be met:
A. All costs have been incurred with the exception of closeout costs and any unsettled third-party
claims against the Contractor. Costs are incurred when goods and services are received or
contract work is performed.
B. The Contractor has held a public hearing to review program performance.
c. The Contractor has submitted the final Closeout Performance Report. Failure to submit a report
will not preclude the COMMERCE from effecting cioseout if it is deemed to be in the state's
interest. Any excess grant amount in the Contractor's possession shall be returned in the event
of failure to finish or update the report.
D. Other responsibilities of the Contractor under this Agreement and any closeout Agreement and
appiicable laws and regulations appear to have been carried out satisfactorily or there is no
further state interest in keeping the grant open for the purpose of securing performance.
8. ENVIRONMENTAL REVIEW
General PUrDose. Housina Enhancement. Neiahborhood Stabilization. and Recoverv Grants
Fundin9 in excess of the amount stipulated in Attachment C, Letter to Incur Costs, shall not
be released to a Contractor by COMMERCE until the following conditions are met:
A. The Contractor must prepare an environmental assessment of the project and make a finding
of environmental impact. A notice of this finding must be published along with a notice of the
Contractor's intent to request release of funds for the project unless the project is exempt from
the publication requirements as described. The Contractor must allow a seven (7) or fifteen
(15) day period for public review and comment following publication of the notices unless
exempt under the National Environmental Policy Act (NEPA) and the Washington State
Environmental Policy Act (SEPA). When this review and comment period expires, the
Contractor may, after considering any comments received, submit a request for reiease of
funds to COMMERCE. Upon receipt of the request, COMMERCE must allow a fifteen (15) day
period for public review and comment. When COMMERCE '5 public review and comment
period expires, COMMERCE may, after considering any comments received, formally notify the
Contractor in writing of the release of federal funds for the project.
B. This special condition is satisfied when the Contractor completes the environmental review and
request for release of funds from COMMERCE. The special condition is effectively removed on
the date COMMERCE provides the Contractor with written notice of release of funds.
Imminent Threat Grants
Funding shall not be released to an Imminent Threat grant recipient until the following conditions
are met: The Contractor assures that assisted activities are for temporary or permanent
improvements limited to the protection, repair or arrest of imminent threats to public health and
safety or physical deterioration. The Contractor further assures that assisted activities will result
in either no change or minimal change in the environmental conditions that existed prior to the
emergency. In addition, the Contractor assures it will document, in writing, its determination that
each activity or project is exempt and meets the conditions specified for such exemption under
Section 58.34 of 24 CFR, Environmental Review Procedures for Title I CDBG Programs. In
cases where Contractors must take action immediateiy, or within a time too short to allow full
SEPA compliance, to avoid an imminent threat to public health or safety, to prevent an imminent
danger to public or private property, or to prevent an immediate threat of serious environmental
degradation, such actions are exempt from SEPA pursuant to WAC 197-11-880.
Plannina-Onlv and Public Services Grants
Funding shall not be released to a Planning-Only or Public Services grant recipient until the
following conditions are met: The Contractor assures that assisted activities are exempt under
NEPA (24 CFR 58.32) and categorically exempt under SEPA (RCW 43.21C.110). The
Contractor further assures that the activities do not come under the purview of any other federal,
state, and known local environmental laws, statutes, regulations or executive orders. In addition,
COMMERCE (Local Government Agreement for Federal Funds
3
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
the Contractor assures it will document, in writing, its determination that each activity or project is
exempt and meets the conditions specified for such exemption under (NEPA) 24 CFR 58.34(3)
(for POG) or 58.34(4) (for PS) and (SEPA) WAC 197-11-800 (for POG) or WAC 197-11-305 (for'
PS).
Float-Funded Activitv Grants
Funding shall not be released to a Float-Funded Activity grant recipient until the following
conditions are met:
A. If the Contractor completed a CDBG environmental review for the project under a previous
CDBG, and has written notification from COMMERCE of the release of federal funds under
that grant, the Contractor must provide a Letter of Continuation notifying COMMERCE that
the environmental review requirements have been met. The Letter of Continuation must
reference the grant under which CDBG environmental review requirements were met. It must
also confirm that the projecl scope has not changed and no additional environmental review
activities are required.
B. If the Contractor has not completed a CDBG environmental review for the project under a
previous grant, it must meet the same conditions required for that grant as described in this
Environmental Review clause.
9. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS
The Contractor agrees to comply with the applicable requirements of 24 CFR 570.2000) Housing and
Urban Development Department (HUD).
10. INSURANCE
The Contractor shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect COMMERCE should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Contractor or
Subcontractor, or agents of either, while performing under the terms of this Agreement.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions I nsurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non-renewal or modification.
The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Agreement start
date, a certificate of insurance which outlines the coverage and limits defined in this insurance
section. During the term of the Agreement, the Contractor shall submit renewal certificates not less
than thirty (30) calendar days prior to expiration of each policy required under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Agreement, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Agreement activity but no less than
$1,000,000 per occurrence Additionally, the Contractor is responsible for ensuring that any
Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.
Automobile Liability. In the event that performance pursuant to this Agreement involves the use
of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per
occurrence, using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and
COMMERCE i Local Govemment Agreement for Federal Funds
4
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
licensed staff employed or under contract to the Contractor. The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Contractor for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the
highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall
secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors
pursuant to this paragraph shall name the Contractor as beneficiary.
C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
Additional Provisions:
Above insurance policy shall include the following provisions:
1. Additional Insured. The state of Washington, COMMERCE, its elected and appointed officials,
agents and employees shall be named as an additional insured on all general liability, excess,
umbrella and property insurance policies. All insurance provided in compliance with this
Agreement shall be primary as to any other insurance or self-insurance programs afforded to or
maintained by the State.
2. Identification. The policy must reference COMMERCE's Agreement number and the State
agency name.
3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to
do business within the state of Washington and have a rating of A-, Class VII or better in the most
recently published edition of Best's Reports. Any exception shall be reviewed and approved by
COMMERCE's Risk Manager, or the Risk Manager for the state of Washington, before the
Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies
and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-
15 WAC.
4. Excess Coverage. By requiring insurance herein, COMMERCE does not represent that coverage
and limits will be adequate to protect Contractor and such coverage and limits shall not limit
Contractor's liability under the indemnities and reimbursements granted to COMMERCE in this
Agreement.
Local Government Contractors that Particillate in a Self-Insurance Proaram
Self-Insured/Liability Pool or Self-Insured Risk Management Program - With prior approval from
COMMERCE, the Contractor may provide the coverage above under a self-insured/liability pool or
self-insured risk management program. In order to obtain permission from COMMERCE, the
Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate an/or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounling standards promulgated by: 1) Governmental
Accounting Standards Board (GAS B), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor's annual instructions for financial reporting. Contractor's participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
COMMERCE / Local Government Agreement for Federal Funds
5
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SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
not be named as additional insured under a self-insured propertylliability pool, if the pool is prohibited
from naming third parties as additional insured.
Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under Contractor's self-insuredlliability pool or self-insured
riSk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
11. SUBCONTRACTS FOR ENGINEERING SERVICES
Engineering firms must certify that they are authorized to do business in the state of Washington and
are in full compliance with the requirements of the Board of Professional Registration. The Contractor
shall require that professional services providers be covered by errors and omissions insurance in an
amount not less than the amount of the firm's subcontract. If the firm is unable to obtain errors and
omissions insurance, the firm shall post a bond with the Contractor for not less than the amount of the
subcontract. Such insurance or bond shall remain in effect for the entire term of the subcontract. The
subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the
subcontract shall constitute a material breach of the subcontract and cause for subcontract
termination. The Contractor shall cause the subcontractor to provide 3D-day notice of cancellation. If
the engineering firm is also the project administrator, the Contractor shall require that the bond or
insurance shall be for not less than the amount of the entire CDBG project.
12. PROGRAM INCOME
Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before
drawing additional CDBG or NSP funds to complete activities included in the Scope of Work and
Budget. The Contractor must maintain records of program income received and expended, and
annually report program income received after closeout of this Agreement, if the total amount of
program income received in a single year equals or exceeds $25,000. Program Income shall be used
to continue the same activities to benefit low- and moderate-income persons or, with COMMERCE -
approval, for other activities to benefit low- and moderate-income persons. Interest earned on CDBG
or NSP funds in excess of $100 must be remitted to COMMERCE for return to the U.S. Treasury.
13. REPORTS
The Contractor, at such times and in such forms as COMMERCE may require, shall furnish periodic
reports pertaining to the activities undertaken pursuant to this Agreement. These reports may include
environmental review records, publication affidavits, procurement and contracting records,
documentation of compliance with HUD civil rights requirements, job creation records, program
income reports, reports of the costs and obligations incurred in connection therewith, the final
closeout report, and any other matters covered by this Agreement.
14. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, 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
. Scope of Work and Budget
COMMERCE I Local Government A9reement for Federal Funds
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GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
As used throughout this Agreement, 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 Direclor's behalf.
B. "Conlractor" shall mean the entity identified on the face sheel performing service(s) under this
Conlract, and shall include all employees and agenls of the Conlraclor.
C. "COMMERCE" shall mean the Department of COMMERCE or its successor agency.
D. "Personallnformalion" shall mean information identifiable 10 any person, including, but not limited
to, informalion that relates to a person's name, health, finances, education, business, use or
receipt of govern menial services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subconlraclor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Agreement under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontraclor(s) in any lier.
2. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No olher
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed 10
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not
be binding unless they are in writing and signed by personnel aulhorized to bind each of the parties.
4. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
by the Conlractor without prior written consent of COMMERCE.
5. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Agreement, in the event of litigation or
other action brought to enforce Agreement terms, each party agrees to bear its own attorneys fees
and costs.
6. AUDIT
A. General Reauirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitale the audit requirement
and shall ensure that Subcontractors also mainlain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of
its Subcontractors.
COMMERCE reserves the right to recover from the Contraclor all disallowed cosls resulting from
Ihe audit.
COMMERCE / Local Government Agreement for Federal Funds
1
GENERAL TERMS AND CONDITIONS
,
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance wilh Generally Accepted Audiling Standards (GAAS); Government Auditing
Slandards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Contractor must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
req uest.
B. Federal Funds Requirements - OMB Circular A-133 Audits of States. Local Governments
and Non-Profit Ol'Qanizations
Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct
and indirect, are required to have an audit conducted in accordance with Office of Management
and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non-Profil
Organizations." Revised OMB A-133 requires the Contractor to provide Ihe auditor with a
schedule of Federal Expenditure for the fiscal year(s) being audited. The Schedule of State
Financial Assistance must be included. Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying agreement numbers
Calalog of Federal Domeslic Assislance (CFDA) number
Grantor agreement number
Total award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or local government entily, the Office of the State Audilor shall conduct
Ihe audit. Audits of non-profil organizations are to be conducted by a certified public accountant
selected by the Contractor in accordance with OMB Circular A-11 0 "Uniform Adminislralive
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profil Organizations."
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contraclor's financial records musl be available for review by COMMERCE.
C. Documentation Requirements
The Contractor must send a copy of any required audil Reporting Package as described in OMB
Circular A-133. Part C, Section 320(c) no later than nine (9) months after the end of the
Contractor's fiscal year(s) to:
Department of Commerce
AnN: Audit Review and Resolution Office
906 Columbia Street SW, Fifth Floor
PO Box 42525
Olympia WA 98504-2525
. Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
. Copy of the Management Letter
COMMERCE I Local Government Agreement for Federal Funds
2
GENERAL TERMS AND CONDITIONS
7. CERTIFICATION REGARDING DEBARMENT. SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION-PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Contractor, 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:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this Agreement, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with oblaining, attempting to obtain, or performing a public or private agreemenl
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;
3. 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 this section; and
4. Have not within a three-year period preceding the signing of this Agreement had one or more
public Iransactions (Federal, State, or local) terminated for cause of default.
B. Where the Contractor is unable to certify to any of the slatements in this Agreemenl, the
Contractor shall attach an explanation to this Agreement.
C. The Contractor agrees by signing this Agreement that it shall not knowingly enter into any lower
tier covered transaction wilh a person who is debarred, suspended, declared ineligible, or
volunlarily excluded from participation in this covered transaction, unless aulhorized by
COMMERCE.
D. The Contractor further agrees by signing Ihis Agreement thai it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Volunlary Exclusion-Lower Tier
Covered Transaction," as follows, wilhoul modification, in all lower lier covered transactions and
in all solicitations for lower tier covered transaclions:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier conlractor certifies, by signing this Agreement Ihat neither il nor ils principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participalion in Ihis Iransaction by any Federal department or agency.
b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement,
such contractor shall attach an explanation to this Agreement.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
8. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Contractor by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
COMMERCE / Local Government Agreement for Federal Funds
3
GENERAL TERMS AND CONDITIONS
3. All Personal Information in Ihe possession of the Contractor that may not be disclosed under
state or federal law. "Personal Information" includes bul is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
idenlifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contraclor shall comply wilh all state and federal laws relaled to the use, sharing, transfer,
sale, or disclosure of Confidentiallnformalion. The Contractor shall use Confidentiallnformalion
solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any
Confidentiallnformalion to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Conlraclor 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 therelo.
Upon request, Ihe 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 Agreement whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make Ihe changes within Ihe time period
specified by COMMERCE. Upon request, the Contractor shall immediately relurn to
COMMERCE any Confidenliallnformation that COMMERCE reasonably determines has not
been adequately prolected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE wilhin 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.
9. CONFORMANCE
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
10. COPYRIGHT PROVISIONS
Unless olherwise provided, all Materials produced under this Agreement 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 evenllhe 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 inlellectual 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 Iransfer these rights.
For Malerials that are delivered under the Agreement, but that incorporale pre-existing materials not
produced under the Agreement, the Contractor hereby grants to COMMERCE a nonexclusive,
royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, dislribule, prepare derivative works, publicly perform, and publicly display. The Contractor
warrants and represents that Ihe Contraclor has all rights and permissions, including intelleclual
property rights, moral rights and rights of publicily, 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 Ihis Agreement, 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
Agreement The Contractor shall provide COMMERCE wilh prompt written notice of each nolice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Agreement COMMERCE shall have the righl to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
COMMERCE / Local Government Agreement for Federal Funds
4
GENERAL TERMS AND CONDITIONS
11. DISALLOWED COSTS
The Contractor is responsible for any audit exceplions or disallowed costs incurred by its own
organization or that of its Subcontractors.
12. DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing wilh the Director
of COMMERCE, who may designate a neutral person to deCide the dispute.
The request for a dispute hearing must:
. be in writing;
. state the disputed issues;
.. state the relative positions of the parties;
. state Ihe Contractor's name, address, and Agreement number; and
. be mailed to the Director and the other party's (respondent's) Agreement Representative
within three (3) working days after the parties agree Ihat they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in wriling to both parties within
len (10) working days. The Direclor or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
13. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this Agreement does not duplicate any work
10 be charged against any other contract, subcontract, or other source.
14. ETHICS/CONFLICTS OF INTEREST
In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public
Service Act (Chapler 42.52 RCW ) and any other applicable state or federal law related 10 ethics or
confticts of interest.
15. GOVERNING LAW AND VENUE
This Agreement 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.
16. INDEMNIFICATION
Each party 10 this Agreement shall be responsible for its own acts and/or omissions and those of its
officers, employees and agents. No party to this Agreement shall be responsible for Ihe acts and/or
omissions of entities or individuals nol a party to this Agreement.
COMMERCE I local Government Agreement for Federal Funds
5
GENERAL TERMS AND CONDITIONS
17. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and ils employees or agents performing under this Agreement are not employees or
agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and conlrol of the work will be solely with the Contractor.
18. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Tille 51 RCW, Industrial Insurance. If
Ihe Contractor fails to provide industrial insurance ccverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the "mount
owed by the Contractor to the accident fund from the amount payable 10 the Contractor by
COMMERCE under this Conlract, and transmit the deducted amount to the Department of labor and
Industries, (l&l) Division of Insurance Services. This provision does not waive any of l&l's rights to
ccllect from the Contractor.
19. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, stale, and federal governments, as now or hereafter amended, including, but not limited 10:
United States Laws, Rellulations and Circulars (Federal)
A. Audits
Office of Management and Budget (OMB) Revised CirCular A-133 "Audils of States, Local
Governments, and Non-Profit Organizations."
B. Labor and Safety Standards
Convicl Labor, 18 U.S.C. 751, 752, 4081,4082.
Drug-Free Workplace Act of 1988, 41 USC 701 et seq.
Federal Fair Labor Standards Act, 29 USC. 201 et seq.
Work Hours and Safety Act of 1962,40 U.S.C. 327-330 and Department of Labor Regulations, 29
CFR Part 5.
C. Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
Americans with Disabililies Act of 1990, Public Law 101-336
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375
and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
Executive Order 11246, as amended by EO 11375,11478,12086 and 12102.
Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29
USC. 793.
Handicapped Recipients of Federal Financial Assistance, Rehabilitation Acl of 1973, Section 504,
29 U.S.C. 794.
Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631.
Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551.
COMMERCE I Local Government Agreement for Federal Funds
6
,
GENERAL TERMS AND CONDITIONS
Nondiscrimination and Equal Opportunity, 24 CFR 5.1 05(a).
Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352,42
U.S.C. 2002d el seq, 24 CFR Part 1.
Nondiscrimination in employmenl, Title VII of the Civil Rights Act of 1964, Public Law 88-352.
Nondiscrimination in Federally Assisted Construction Conlracts, Executive Order 11246, 42
U.s.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60.
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR
570.607(b)).
D. Office of Management and Budget Circulars
Cost Principles for Slate, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part
225.
Cost Principles for Nonprofit Organizations, OMB Circular A-122 (if the Contractor is a nonprofit
organization).
Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102 (if
the Contractor is a local government or federally recognized Indian tribal government).
Uniform Administrative Requirements for Grants and Other Agreements with Instilutions of Higher
Education, Hospitals and Olher Nonprofit Organizations, OMB Circular A-110.
E. Other
Anti-Kickback Act, 18 U.S.C. 874; 40 US.C. 276b, 276c; 41 U.S.C. 51-54.
Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal
Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989.
Hatch Political Activity Act, 5 U.S.C. 1501-8.
Internal Revenue Service Rules, August 31, 1990.
Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying
Amendment). 31 U.S.C. 1352 provides that contractors who apply or bid for an award of $100,000
or more must file the required certification, Each tier certifies to the tier above that it will not and
has nol used Federal appropriated funds to pay any person or organizalion for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contracl, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up 10 the recipient.
Non-Supplanting Federal Funds.
Section 8 Housing Assistance Payments Program.
F. Privacy
Privacy Act of 1974,5 U.s.C. 552a.
Washinoton Slate Laws and Reoulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non-profit corporations - Liability - Limitations, RCW 4.24.264.
C. Disclosure-campaign finances-lobbying, Chapler 42.17 RCW.
D. Discrimination-human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
COMMERCE I Local Government Agreement for Federal Funds
7
GENERAL TERMS AND CONDITIONS
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapler 43.88 RCW.
20. 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.
21. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Represenlative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparenl authority to alter, amend,
modify, or waive any clause or condition of this Contract.
22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During Ihe performance of this Agreement, Ihe Conlractor shall comply with all federal; state, and
local nondiscrimination laws, regulations and policies. In the event of the Contraclor's non-compliance
or refusal to comply with any nondiscrimination law, regulation or policy, Ihis Agreement may be
rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible
for further Agreements with COMMERCE. The Contractor shal', however, be given a reasonable
time in which to cure this noncompliance. Any dispute may be resolved in accordance with Ihe
"Disputes" procedure set forth herein.
23. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
24. PREVAILING WAGE LAWS
All contractors and subcontractors performing work on a construction project funded through this
agreement shall comply with prevailing wage laws by paying Ihe higher of stale or federal prevailing
wages according to:
State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable 10 the Project funded by
this agreement, including bul not limited to the filing of the "Statement of Inlent to Pay Prevailing
Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE's review upon request; or
The Davis Bacon Act, 40 U.s.C. 276a-276a-5 and related federal acts provide that all laborers and
mechanics employed by contractors or subcontraclors in the performance shall be paid wages al
rates not less than those prevailing on similar construction in the locality as determined by the
Secretary of Labor.
25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative
Requirements for Granls in Aid for State and Local Governments, for all purchases funded by this
Agreement.
COMMERCE I Local Government Agreement for Federal Funds
8
GENERAL TERMS AND CONDITIONS
A Conlractor which is a nonprofit organization shall establish procurement policies in accordance with
OMS Circular A-11 0, Uniform Administrative Requiremenls for Grants and Agreements with Nonprofit
Agencies, for all purchases funded by Ihis Agreement
The Contraclor's procurement system should include at least the following:
1. A cede or standard of conduct thai shall govern the performance of its officers, employees, or
agents engaged in the awarding of centracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent praclical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items.
b. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c. Positive efforts shall be made to use small and minority-owned businesses.
d. The type of procuring inslrument (fixed price, cosl reimbursement) shall be determined by
the Contractor, but must be appropriate for the particular procurement and for promoting
the best interest of the program involved.
e. Contracts shall be made only with reasonable subcentractors who possess the potential
ability 10 perform successfully under the terms and conditions of the proposed
procurement
f. Some form of price or cost analysis should be performed in connection wilh every
procuremenl action.
g. Procurement recerds and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of cempetitive bids if offers are nol obtained.
h. A system for Agreement administration 10 ensure Contraclor conformance with terms,
conditions and specificalions of this Agreement, and to ensure adequate and timely
follow-up of all purchases.
4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds
from this Agreement to enter into a sole source Agreemenl or an Agreement where only one
bid or proposal is received when value of this Agreement is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non-compelilive procurement, if applicable.
26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of oblaining approval of the application for such funds or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultanl, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as projecl costs.
27. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity malerials in which Ihe state of
Washington or COMMERCE's name is menlioned, or language used from which the cennection with
COMMERCE J tocal Government Agreement for Federal Funds
9
GENERAL TERMS AND CONDITIONS
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, wilhout the
prior wrillen consenl of COMMERCE.
28. RECAPTURE
In the event that the Contractor fails to perform this Agreement in accordance wilh state laws, federal
laws, and/or the provisions of this Agreement, COMMERCE reserves the right to recapture funds in
an amount to compensate COMMERCE for the nonccmpliance in addition to any other remedies
available at law or in equity.
29. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflecl all direct and indirect cosls of any
nature expended in the performance of this Agreement. Contraclor shall retain such records for a
period of six years following the date of final payment.
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 finally
resolved.
30. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
31. SAVINGS
In the event funding from state, federal, or olher sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion, COMMERCE may terminate
the Agreement under the "Terminalion for Convenience" clause, without Ihe ten calendar day notice
requirement. In lieu of termination, the Agreement may be amended to reflect the new funding
limitations and ccnditions.
32. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Agreement and to Ihis end the provisions of Ihis Agreement are declared
to be severable.
33. SUBCONTRACTING
The Contraclor may only subcontract work contemplated under this Agreement if it obtains Ihe prior
wrillen approval of COMMERCE.
If COMMERCE approves subcontracting, the Conlractor shall maintain wrillen procedures related to
subcontracting, as well as ccpies of all subcontracts and reccrds related to subcontracts. For cause:
COMMERCE in writing may: (a) require the Contractor to amend its subconlracting procedures as
they relate 10 this Contracl; (b) prohibil 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 10 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
Subccntractor 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.
COMMERCE / Local Government Agreement for Federal Funds
10
GENERAL TERMS AND CONDITIONS
Every subcontract shall include a lerm Ihat COMMERCE and the State of Washington are nolliable
for claims or damages arising from a Subcontractor's performance of the subcontract.
34. SURVIVAL
The terms, conditions, and warranties contained in this Agreemenlthat by Iheir sense and context are
intended to survive Ihe complelion of the performance, cancellation or termination of Ihis Agreement
shall so survive.
35. TAXES
All payments accrued on account of payrolllaxes, unemployment contributions, the Contractor's
income or gross receipts, any other taxes, insurance or expenses for the Contractor or ils staff shall
be the sole responsibility of the Conlractor.
36. TERMINATION FOR CAUSE I SUSPENSION
In event COMMERCE delermines Ihatthe Contractor failed to comply with any term or ccndition of
this Agreement, COMMERCE may terminate the Agreement in whole or in part upon written notice to
the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the
dale specified in the notice.
In Ihe alternative, COMMERCE upon written notice may allow the Contractor a specific period of time
in which to correct the non-compliance. During the corrective-action time period, COMMERCE may
suspend further payment to the Conlractor in whole or in part, or may restriclthe Contractor's right to
perform duties under this Agreement. Failure by the Contractor to take limely corrective action shall
allow COMMERCE to terminate the Agreement upon wrillen notice 10 the Contractor.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE
determines that the Contractor did not fail to comply with the lerms of the Agreement or when
COMMERCE determines the failure was not caused by Ihe Contractor's actions or negligence.
If the Agreement is terminated for cause, the Contractor shall be liable for damages as authorized by
law, including, but not limited to, any cost difference beiween the original Agreement and the
replacement Agreement, as well as all costs associaled wilh entering into Ihe replacemenl
Agreement (i.e., compelilive bidding, mailing, advertising, and staff time).
37. TERMINATION FOR CONVENIENCE
Except as olherwise provided in this Agreement, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If
this Agreement is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
lermination.
38. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contraclor
shall:
A. Stop work under the Agreemenl on the date, and 10 the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the
Agreement;
C. Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and
subccnlracls so terminated, in which case COMMERCE has Ihe right, at its discretion, to sellle or
pay any or all claims arising out of the termination of such orders and subcontracls. Any attempt
by the Contractor to settle such claims must have the prior written approval of COMMERCE, and
D. Preserve and transfer any materials, Agreement deliverables and/or COMMERCE property in Ihe
Contractor's possession as directed by COMMERCE.
COMMERCE / Local Government Agreemenl for Federal Funds
11
GENERAL TERMS AND CONDITIONS
Upon termination of the Agreement, COMMERCE shall pay the Contractor for any service provided
by the Contraclor under the Agreement prior to the date of termination. COMMERCE may withhold
any amounl due as COMMERCE reasonably determines is necessary to prolect COMMERCE
against potential loss or liability resulting from the terminalion. COMMERCE shall pay any withheld
amount to the Contractor if COMMERCE later delermines that loss or liability will not occur.
The rights and remedies of COMMERCE under this seclion are in addition to any other rights and
remedies provided under this Agreemenl or otherwise provided under law.
. 39. 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 Agreement unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
COMMERCE I Local Government Agreement for Federal Funds
12
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ATTACHMENT B
STATE AND FEDERAL
REQUIREMENTS AND ASSURANCES
In addition to laws listed in the general terms and conditions of this Agreement, the Grantee
assures compliance with the following regulations as they pertain to the local project.
Contact the State if you want assistance in obtaining a copy of these regulations.
A. HOUSING AND COMMUNITY DEVELOPMENT
1. Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.),
commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing
Amendments Act of 1988 (P.L 100-430)
2. Executive Order 11063, as amended. by Executive Order 12259 (24 CFR Part 107)
3. The Housing and Community Development Act of 1974, as amended through 1992:
Sections 109; 104 (b) 4; 104 (d); and 104 (I), which prohibit discrimination and require
identification of housing and community development needs; a "residential anti-
displacement and relocation assistance plan"; and adoption and enforcement of pOlicies
prohibiting the use of excessive force.
4. Title II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4630) as amended in 1989)
5. Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 b)
6. Public Law 110-289, section 3, "Emergency Assistance for the Redevelopment of
Abandoned and Foreclosed Homes" (also referred to as the Neighborhood Stabilization
Program), of the Housing and Economic Recovery Act, 2008 (Docket No. FR-5255-1-
01)
7. The American Recovery and Reinvestment Act of 2009
B. LABOR
1. Davis-Bacon Act, as amended (40 U.S.C. 3141 et seq.)
2. Prohibition of Use of CDBG for Job-Pirating Activities, 24 CFR Part 570.482(f), revised
~M2006 '
C. ENVIRONMENTAL AND CULTURAL
1. The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. Section 4321 et seq.,
and 24 CFR Part 58)
2. The Clean Air Act, as amended (42 U.S.C. 7401 et seq.)
3. HUD Environmental Criteria and Standards (24 CFR Part 51)
4. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990:
Protection of Wetlands (42 FR 26961 et seq.)
5. The Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.)
6. Executive Order 11988, May 24, 1977: Floodplain Management and Wetland Protection
(42 FR 26951 et seq.)
7. Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq,)
8. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)
9. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 469 et seq.)
10. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f et seq., 21 U.S.C.
349, as amended, and 40 CFR Part 149 (Environmental Protection Agency));
11. The Federal Water Pollution Control Act of 1972, as amended, including the Clean
Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251 et seq.)
12. The Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.)
13. The Fish and Wildlife Coordination Act of 1958, as amended (16 U.S.C. Section 661 et
seq.)
14. The National Historic Preservation Act of 1966 (16 U.S.C. 470)
15. The Archaeological and Historical Data Preservation Act of 1974 (16 U.S.C. 46ga-1 et
seq.)
16. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13,1971
17. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq. and 7 CFR Part 658)
18. Environmental Justice (Executive Order 12898), as amended by Executive Order 12948
19. Explosive and Flammable Operations (Section 2 of the Housing Act of 1949, as
amended (42 U.S.C. 1441), Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C.
3535(d)), Section 2 of the Housing and Urban Development Act of 1969 (42 U.S.C.
1441 (a)), and 24 CFR Part 51 Subpart C)
20. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949
as amended (42 U.S.C. 1441), affirmed by Section 2 of the Housing and Urban
Development Act of 1969, P.L. No 90-448, Section 7(d) of the Dept HUD Act of 1965
(42 U.S.C. 3535(d)), and 24 CFR Part 51 Subpart D)
21. Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 as amended by Superfund Amendments and
Reauthorization Act and 24 CFR 58.5(i))
22. Determining Confonnity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency - 40 CFR Parts 6, 51, and 93)
STATE
1. Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW
2. Prevailing Wages on Public Works, Chapter 39.12 RCW
3. State Environmental Policy Act (SEPA), Chapter 43.21 C RCW
4. State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter
19.27A RCW; and Provisions in Buildings for Aged and Handicapped Persons, Chapter
70.92 RCW
5. Interlocal Cooperation Act, Chapter 39.34 RCW
6. State Environmental Policy Act (SEPA), Chapter 43.21 (C) RCW
7. Noise Control, Chapter 70.107 RCW
8. Shoreline Management Act of 1971, Chapter 90.58 RCW
9. Governor's Executive Order 89-1 0, December 11, 1989: Protection of Wetlands, and
Governor's Executive Order 90-04, April 21, 1990: Protection of Wetlands