HomeMy WebLinkAboutCONSENT DCD CHIP Grant award JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Brent Butler, AICP, Chief Strategy Officer
Josh D. Peters, AICP, Director, Community Development Department
DATE: March 24, 2025
RE: Approval of Commerce Connecting Housing to Infrastructure Grant
STATEMENT OF ISSUE:
The Department of Community Development(DCD) Director Josh Peters moved the county ahead
with the critical step of amending the City of Port Townsend Urban Growth Area(UGA)to achieve
financing through the Department of Commerce's Connecting Housing to Infrastructure (CHIP) grant.
Now, before the Board, is the proposed contract to accept funding recently awarded through this
collaborative planning and infrastructure grant submittal and approval process (see, Attachment 1 —
CHIP Grant).
BACKGROUND
On April 18, 2022, the Chief Strategy Officer in his prior role as DCD Director presented an agenda
item representing the third consecutive opportunity for the Board of County Commissioners(BoCC)to
determine a pathway to enable the Olympic Community Action Programs (OlyCAP)to achieve site
control as a critical preliminary step for OlyCAP to obtain financing to develop further the site known
as Caswell-Brown Village. OlyCAP identified their desire to obtaining financing from the Washington
State Department of Commerce's Housing Trust Fund("HTF")which the Washington State
Legislature funds through biennial appropriations in the capital budget. This is one of the available
funding sources that include among others the Low-Income Housing Tax Credit(LIHTC), and CHIP.
ANALYSIS:
Jefferson County's 2019 Community Health Assessment identifies living on a fixed income as
the greatest challenge affecting adults aged 65 years. With the exception of the south county
which ranks the need for more affordable housing second to moreibetter jobs, it is the most
significant change individuals would like to see to improve health and well-being. This
community concern reflects the need for Caswell-Brown Village, and appears supported by
recent a study published by the National Institutes of Health stating: While it is widely known
that the general population is aging, few are aware that the homeless population is aging at an
even faster rate. Over the past two decades,the median age of single homeless adults in the U.S.
increased from 37 years in 1990 (Hahn, Kushel, Bangsberg, Riley, & Moss, 2006)to nearly 50
years in 2010 (U.S. Interagency Council on Homelessness [USICH], 2010; Culhane, Metraux,
Byrne, Steno, & Bainbridge, 2013)"
FISCAL IMPACT:
The county will need to continue administrative support until the grant is expended. This
administrative burden is estimated to be roughly 40 hours over the life of the grant.
RECOMMENDATION:
Approve the electronic signing of the grant by the Chair of the Board of County Commissioners.
REVIEWED BY:
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CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Department of Commerce Contract No: 24-96722-119
Contract For: Connecting Housing to Infrastructure Program(CHIP)Grant Award Term: Date of execution -June 30,2025
COUNTY DEPARTMENT: Community Development
Contact Person: Brent Butler
Contact Phone: (360)379-4493
Contact email: BButler@co.jefferson.wa.us
AMOUNT: $776.139 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj 7 Other: Grant Award
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COM IANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: E N/A: Vc{ 2�
fgnature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: R N/A: /tj— 3 L
ignature f Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 3/18/2025.
State contract - cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 3/20/2025.
State contract. If final through DocuSign, please send link to
PAOchiefcivil@co.jefferson.wa.us.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
I
ATTACHMENT I -CHIP GRANT AGREEMENT
Contract No.
(Rev.May 2020) Page 3 of 25
.4►, Washington State
Department of
V40 C()Ill ille raCCk
Capital Agreement with
Jefferson County
Through
Connecting Housing to Infrastructure Program (CHIP)
Contract Number:
24-96722-119
For
To support the development of affordable housing by paying for utility
infrastructure improvements for the Caswell Brown Village Permanent
Supportive Housing project AND by reimbursing Jefferson County for
waived system development charges for the Caswell Brown Village
Permanent Supportive Housing project.
Dated: Saturday, July 1 , 2023
Contract No.
(Rev.May 2020) Page 4 of 25
Table of Contents
Table of Contents 5
Face Sheet 8
Special Terms and Conditions 8
1. CONTRACT MANAGEMENT..................................................................................................................................8
2. COMPENSATION..................................................................................................................................................9
3. BILLING PROCEDURES AND PAYMENT.................................................................................................................9
4. SUBCONTRACTOR DATA COLLECTION...............................................................................................................10
5. HISTORICAL OR CULTURAL ARTIFACTS..............................................................................................................10
6. INSURANCE........................................................................................................................................................11
7. FRAUD AND OTHER LOSS REPORTING...............................................................................................................11
8. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION OR INELIGIBILITY AND VOLUNTARY
EXCLUSION- PRIMARY AND LOWER TIER COVERED
TRANSACTIONS 11
9. ORDER OF PRECEDENCE ....................................................................................................................................12
General Terms and Conditions 13
1. DEFINITIONS ......................................................................................................................................................13
2. ALLOWABLE COSTS............................................................................................................................................13
3. ALL WRITINGS CONTAINED HEREIN...................................................................................................................13
4. AMENDMENTS...................................................................................................................................................13
S. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LAW 101-336.....................................................13
6. APPROVAL..........................................................................................................................................................13
7. ASSIGNMENT.....................................................................................................................................................14
8. ATTORNEYS' FEES...............................................................................................................................................14
9. CODE REQUIREMENTS.......................................................................................................................................14
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION...........................................................................14
11. CONFORMANCE .......................................................................................................................................14
12. CONFLICT OF INTEREST............................................................................................................................14
13. COPYRIGHT...............................................................................................................................................15
14. DISALLOWED COSTS.................................................................................................................................15
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15. DISPUTES..................................................................................................................................................15
16. DUPLICATE PAYMENT...............................................................................................................................16
17. GOVERNING LAW AND VENUE.................................................................................................................16
18. INDEMNIFICATION ...................................................................................................................................16
19. INDEPENDENT CAPACITY OF THE GRANTEE.............................................................................................16
20. INDUSTRIAL INSURANCE COVERAGE........................................................................................................16
21. LAWS........................................................................................................................................................17
22. LICENSING,ACCREDITATION AND REGISTRATION...................................................................................17
23. LIMITATION OF AUTHORITY.....................................................................................................................17
24. LOCAL PUBLIC TRANSPORTATION COORDINATION.................................................................................17
25. NONDISCRIMINATION..............................................................................................................................17
26. PAY EQUITY..............................................................................................................................................18
27. POLITICAL ACTIVITIES..............................................:................................................................................18
28. PREVAILING WAGE LAW...........................................................................................................................18
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION.............................................................18
30. PUBLICITY.................................................................................................................................................18
31. RECAPTURE ..............................................................................................................................................18
32. RECORDS MAINTENANCE.........................................................................................................................19
33. REGISTRATION WITH DEPARTMENT OF REVENUE...................................................................................19
34. RIGHT OF INSPECTION..............................................................................................................................19
35. SAVINGS...................................................................................................................................................19
36. SEVERABILITY............................................................................................................................................19
37. SUBCONTRACTING...................................................................................................................................19
38. SURVIVAL..................................................................................................................................................20
39. TAXES........................................................................................................................................................20
40. TERMINATION FOR CAUSE.......................................................................................................................20
41. TERMINATION FOR CONVENIENCE..........................................................................................................20
42. TERMINATION PROCEDURES....................................................................................................................20
43. TREATMENT OF ASSETS............................................................................................................................21
44. WAIVER....................................................................................................................................................22
PaoP A of)S
Attachment A: SCOPE OF WORK: 23
Attachment B: CHIP Budget 24
Certification of the Availability of Funds to Complete the ENTIRE
Project 24
Attachment C: Commitment of Continued Affordability 25
Paee 7 of 25
Face Sheet
Contract Number 24-96722-119
Growth Management Services
Special Terms and Conditions
1.Grantee 2. Project Name and Address
Jefferson County Caswell Brown Village Permanent Supportive Housing
1820 Jefferson Street 142 Mill Road,
Port Townsend, WA 98368 Port Townsend, WA 98368
Parcel#001162001
3.Grantee Representative 4. COMMERCE Representative
Brent Butler Mischa Venables PO Box 42525
Chief Strategy Officer, AICP, CHIP Project Manager 1011 Plum Street SE
Jefferson County Dept of Community Devt (360)725-3088 Olympia, WA 98504
bbutler@co.jefferson.wa.us Mischa.venables@commerce.wa.gov
5.Contract Amount 6. Funding Source 7. Start Date 8. End Date
$776,139 Federal: ❑ State: ® Other: ❑ N/A: ❑ July 1, 2023 June 30, 2025
subject to
reannmnriation
9. Federal Funds(as applicable) Federal Agency: ALN
$0.00 N/A N/A
10.Tax ID# 11. SWV# 12. UBI# 13. UEI#
91-6001322 SWV0002430-28 161-001-169 FGN7DDMJA7 H 7
14. Contract Purpose
To support the development of affordable housing by paying for utility infrastructure improvements for the Caswell Brown
Village Permanent Supportive Housing project AND by reimbursing Jefferson County for waived system development
charges for the Caswell Brown Village Permanent Supportive Housing project.
COMMERCE, defined as the Department of Commerce, and Grantee acknowledge and accept the terms of this Contract
and attachments and have executed this Contract on the date below to start as of the date and year referenced above.
The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents
incorporated by reference: Grantee Terms and Conditions including Attachment "A" - Scope of Work, Attachment "B" —
Budget, and Attachment"C"—Commitment of Continued Affordability.
FOR GRANTEE FOR COMMERCE
Heidi Eisenhour. Chair,
Board of County Commissioners of Jefferson County
HEisenhour@co.jefferson.wa.us Mark K. Barkley, Assistant Director
Local Government Division
Date
Approved as to form only Date
By Deputy P ting Attorney
03/20/2025 APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
Melissa Pleimann Date APPROVAL ON FILE
1. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
Page 8 of 25
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Contract.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Contract.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $776,139, (seven hundred seventy-six thousand,
one hundred thirty-nine dollars) for the performance of all things necessary for or incidental to the
performance of work as set forth in the Scope of Work. Grantee's compensation for services
rendered shall be in accordance with Attachment A, Scope of Work, Attachment B, Budget, and
Attachment C, Commitment of Continued Affordability.
3. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of
properly completed invoices, which shall be submitted to the Representative for
COMMERCE via email, or the Commerce Contracts Management System.
If required, the attachments to the invoice request in the Commerce Contracts
Management System shall describe and document, to COMMERCE's satisfaction,
a description of the work performed, the progress of the project, and fees.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number 24-
96722-119. 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
Grantee.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by
the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services, or as needed.
Final invoices for a state fiscal year should be invoiced by June 151"of each year.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report(or completion of the project, etc.).
Line Item Modification of Budget
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A. Notwithstanding any other provision of this contract, the Grantee may, at its discretion, make
modifications to line items in the Budget(Attachment B) to respond to changes in project costs.
B. The Grantee shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item of the Budget(Attachment B).
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email), and such written approval shall amend the Budget. Each
party to this contract will retain and make any and all documents related to such budget
modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in the Face Sheet of this contract, nor does this section allow any
proposed changes to the Scope of Work under Attachment A, without specific written approval
from COMMERCE by amendment to this contract.
4. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the
portion of Contract funds expended for work performed by subcontractors, including but not
necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
5. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Grantee shall
complete the requirements of Governor's Executive Order 21-02, where applicable, or Grantee shall
complete a review under Section 106 of the National Historic Preservation Act, if applicable.
Grantee agrees that the Grantee is legally and financially responsible for compliance with all laws,
regulations, and agreements related to the preservation of historical or cultural resources and
agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related
to such historical or cultural resources discovered, disturbed, or damaged as a result of the project
funded by this Contract.
In addition to the requirements set forth in this Contract, Grantee shall, in accordance with
Governor's Executive Order 21-02 coordinate with Commerce and the Washington State
Department of Archaeology and Historic Preservation ("DAHP"), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine
the existence of any tribal cultural resources affected by Project. Grantee agrees to avoid, minimize,
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Contract.
The Grantee agrees that, unless the Grantee is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Grantee shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
Grantee shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The Grantee shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Grantee agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 2548
regarding Archaeological Excavation and Removal Permit.
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 21-02.
In the event that the Grantee finds it necessary to amend the Scope of Work the Grantee may be
required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic
Preservation Act.
6. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance
liability program, and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8.CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY
EXCLUSION- PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Grantee, defined as the primary participant and it principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief they:
i. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency.
ii. Have not within a three-year period preceding this Grant, been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public or
private agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, receiving stolen property, making
false claims, or obstruction of justice,
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local)with commission of any of the
offenses enumerated in paragraph (1)(b)of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or
more public transactions (Federal, State, or local) terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee
shall attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by
COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency.
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such Grantee shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily
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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.
9. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B — Budget
• Attachment C —Commitment of Continued Affordability
Paco 110 of 79;
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee
authorized in writing to act on the Director's behalf.
B. "COMMERCE" shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement
between COMMERCE and the Grantee, including any Exhibits, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s)
under this Contract, and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person,
including, but not limited to, information that relates to a person's name, health, finances,
education, business, use or receipt of governmental services or other activities, addresses,
telephone numbers, social security numbers, driver license numbers, other identifying
numbers, and any financial identifiers and "Protected Health Information" under the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Contract under a separate contract with the
Grantee. The terms"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
4. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
5. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LAW 101-336,also referred to as the
"ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
6. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative
and shall not be binding until so approved. The contract may be altered, amended, or waived only
by a written amendment executed by both parties.
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7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Grantee without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and
costs.
9. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state,
and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Grantee by COMMERCE that is designated as "confidential"
by COMMERCE,
ii. All material produced by the Grantee that is designated as"confidential" by COMMERCE;
and
iii. All Personal Information in the possession of the Grantee that may not be disclosed
under state or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of
COMMERCE or as may be required by law. The Grantee shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Grantee shall make the
changes within the time period specified by COMMERCE. Upon request, the Grantee shall
immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this contract 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.
12. CONFLICT OF INTEREST
Grantee must maintain and comply with written standards of conduct covering conflicts of interest
and governing the actions of its employees engaged in the selection, award and administration of
contracts. Grantee must comply with the following minimum requirements:
A. No employee, officer, or agent may participate in the selection, award, or administration
of a contract if he or she has a real or apparent conflict of interest. Such a conflict of interest
would arise when the employee, officer, or agent, any member of his or her immediate family,
his or her partner, or an organization which employs or is about to employ any of the parties
Pace 14 of 25
indicated herein, has a financial or other interest in or a tangible personal benefit from a firm
considered for a contract. The officers, employees, and agents of the Grantee may neither
solicit nor accept gratuities, favors, or anything of monetary value from Grantees or parties to
subcontracts and must comply with RCW 39.26.020. However, Grantee may set standards
for situations in which the financial interest is not substantial or the gift is an unsolicited item
of nominal value. The standards of conduct must provide for disciplinary actions to be applied
for violations of such standards by officers, employees, or agents of the Grantee.
B. If the Grantee has a parent, affiliate, or subsidiary organization that is not a state, local
government, or federally recognized tribe, the Grantee must also maintain written standards
of conduct covering organizational conflicts of interest. Organizational conflicts of interest
means that because of relationships with a parent company, affiliate, or subsidiary
organization, the Grantee is unable or appears to be unable to be impartial in conducting a
procurement action involving a related organization.
13. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE
shall be considered the author of such Materials. In the event the Materials are not considered
"works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title,
and interest in all Materials, including all intellectual property rights, moral rights, and rights of
publicity to COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent,
register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee
warrants and represents that the Grantee has all rights and permissions, including intellectual
property rights, moral rights and rights of publicity, necessary to grant such a license to
COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim
of infringement received by the Grantee with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Grantee.
14. DISALLOWED COSTS
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
15. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with 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 the Grantee's name, address, and Contract number; and
• be mailed to the Director and the other party's (respondent's) Contract Representative
within three (3) working days after the parties agree that they cannot resolve the dispute.
Paee 15 of 25
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 writing to both parties
within ten (10) working days. The Director 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 Contract 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.
16. DUPLICATE PAYMENT
Grantee certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
17. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subcontractor or its employees.
The Grantee's obligation shall not include such claims that may be caused by the sole negligence of
the State and its agencies, officials, agents, and employees. If the claims or damages are caused
by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the
Grantee, its subcontractors, agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Grantee or its subcontractors, agents, or
employees.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
19. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent Grantee relationship will be created by this Contract. The
Grantee and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Grantee 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
Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Grantee.
20. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW. If the Grantee fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its
employees as may be required by law, COMMERCE may collect from the Grantee the full amount
payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by
the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under
this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I)
Page 16 of 25
Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the
Grantee.
21. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
22. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing
(designation to be made prior to action) shall have the express, implied, or apparent authority to
alter, amend, modify, or waive any clause or condition of this Contract.
24. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Grantee shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
25. NONDISCRIMINATION
A. Nondiscrimination Requirement. During the performance of this Agreement, the Grantee,
including any subcontractor, shall comply with all federal, state, and local nondiscrimination laws,
regulations and policies, this shall include but not be limited to the following: Grantee, including any
subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition,
GRANTEE, including any subcontractor, shall give written notice of this nondiscrimination
requirement to any labor organizations with which GRANTEE, or subcontractor, has a collective
bargaining or other agreement.
The funds provided under this Agreement shall not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or
instruction in order to have access to the facilities funded by this Agreement.
B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply
with any Washington state agency investigation regarding any allegation that GRANTEE, including
any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW
49.60.530(3).
C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend GRANTEE,
including any subcontractor, upon notice of a failure to participate and cooperate with any state
agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW
49.60.530(3) Any such suspension will remain in place until COMMERCE receives notification that
GRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the
event GRANTEE, or subcontractor, is determined to have engaged in discrimination identified at
RCW 49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and GRANTEE,
subcontractor, or both. may be referred for debarment as provided in RCW 39.26.200. GRANTEE
or subcontractor may be given a reasonable time in which to cure this noncompliance, including
implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement
termination or suspension for engaging in discrimination, GRANTEE, subcontractor, or both, shall
be liable for contract damages as authorized by law including, but not limited to, any cost difference
between the original Grant and the replacement or cover Grant and all administrative costs directly
related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff
time , which damages are distinct from any penalties imposed under Chapter 49.60, RCW.
GRANTEE may also be required to repay grant funds pursuant to Section 31 (Recapture) of the
General Terms & Conditions if the Agreement is terminated based on a violation of the
nondiscrimination requirement. COMMERCE shall have the right to deduct from any monies due to
GRANTEE or subcontractor, or that thereafter become due, an amount for damages GRANTEE or
subcontractor will owe COMMERCE for default under this provision.
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26. PAY EQUITY
The Grantee agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following
A. Employees are "similarly employed" if the individuals work for the same
employer, the performance of the job requires comparable skill, effort, and responsibility, and
the jobs are performed under similar working conditions. Job titles alone are not
determinative of whether employees are similarly employed;
B. Grantee may allow differentials in compensation for its workers if the differentials
are based in good faith and on any of the following:
L A seniority system, a merit system, a system that measures earnings by quantity
or quality of production, a bona fide job-related factor or factors: or a bona fide regional
difference in compensation levels.
ii. A bona fide job-related factor or factors may include, but not be limited to,
education, training, or experience that is: Consistent with business necessity; not based
on or derived from a gender-based differential, and accounts for the entire differential.
iii. A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by the Department, if the Department or the Department of
Enterprise Services determines that the Grantee is not in compliance with this provision.
27. POLITICAL ACTIVITIES
Political activity of Grantee's employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17A 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.
28. PREVAILING WAGE LAW
The Grantee certifies that all Grantees and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39 12 RCW, as applicable to the
Project funded by this contract, including but not limited to the filing of the "Statement of Intent to
Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Grantee
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make
such records available for COMMERCE's review upon request.
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
30. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection
with the state of Washington's or COMMERCE's name may reasonably be inferred or implied,
without the prior written consent of COMMERCE.
31. RECAPTURE
In the event that the Grantee fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
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Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Contract.
32. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract.
The Grantee shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
34. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Grantee shall provide
access to its facilities for this purpose.
35. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Contract and prior to normal completion, COMMERCE may
suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten
business day notice requirement. In lieu of termination, the Contract may be amended to reflect the
new funding limitations and conditions.
36. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
37. SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For
cause, COMMERCE in writing may (a) require the Grantee to amend its subcontracting procedures
as they relate to this Contract; (b) prohibit the Grantee from subcontracting with a particular person
or entity, or(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Grantee shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach
in the performance of the Grantee's duties.
Pace 19 of 25
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's
income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be
the sole responsibility of the Grantee.
40. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract.
Before suspending or terminating the contract, COMMERCE shall notify the Grantee in writing of
the need to take corrective action. If corrective action is not taken within 30 calendar days, the
contract may be terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement
contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Grantee: (1)was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
41. TERMINATION FOR CONVENIENCE.
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Contract for services rendered or goods delivered prior to the effective date of
termination.
42. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Grantee to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case
the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to
agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Grantee such sum as the
Authorized Representative determines to be necessary to protect COMMERCE against potential
loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
Paee 20 of 25
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall.
A. Stop work under the contract on the date, and to the extent specified, in the
notice,
B. Place no further orders or subcontracts for materials, services, or facilities except
as may be necessary for completion of such portion of the work under the contract that is not
terminated,
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by
the Authorized Representative, all of the rights, title, and interest of the Grantee under the
orders and subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts,
D. Settle all outstanding liabilities and all claims arising out of such termination of
orders and subcontracts, with the approval or ratification of the Authorized Representative to
the extent the Authorized Representative may require, which approval or ratification shall be
final for all the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the
extent directed by the Authorized Representative any property which, if the contract had been
completed, would have been required to be furnished to COMMERCE,
F. Complete performance of such part of the work as shall not have been
terminated by the Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may
direct, for the protection and preservation of the property related to this contract, which is in
the possession of the Grantee and in which COMMERCE has or may acquire an interest.
43. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this contract, or (ii) commencement of use of such property in the
performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or
in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise
provided herein or approved by COMMERCE, be used only for the performance of this
contract.
B. The Grantee shall be responsible for any loss or damage to property of
COMMERCE that results from the negligence of the Grantee or which results from the failure
on the part of the Grantee to maintain and administer that property in accordance with sound
management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall
immediately notify COMMERCE and shall take all reasonable steps to protect the property
from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract.
Page 21 of 25
E. All reference to the Grantee under this clause shall also include Grantee's
employees, agents or Subcontractors.
44. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Page 22 of 25
Attachment A: SCOPE OF WORK:
Scope of Work
Water: An 8" main runs under Mill Road and will need to be connected to the site. Sewer: connection
to Port Townsend sewer mains and a lift station adjacent to the property. Stormwater improvement will
take the form of a bioswale retention system, as there is no stormwater service through the County or
City
Project Requirements
Based on the criteria within the state capital budget, SB 5200 Sec 1021, (Laws of 2023), and criteria
developed by Commerce to ensure the terms of the appropriation are met, all grants must meet the
following criteria:
• Applicant must be a city, county or public utility district, applying in coordination with the
developer of a affordable housing project, located within a jurisdiction that imposed a sales and
use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B), 82.14.540, or 84.52.105.
• The utility project must serve new affordable housing projects that serve and benefit low-
income households as defined by RCW 43.185A.010 for at least 25 years. If the project is a
mixed-income project, the affordable portion of the development must be at least 25%. (See
Appendix C, Commitment of Continued Affordability.)
• Project work, meaning breaking ground and starting the construction process, must start by
January, 2027.
• For system development charge waiver reimbursement, jurisdictions must have an adopted fee
waiver program, and documentation that the fees have been waived for the affordable housing
units by each provider for water, sewer, and stormwater, in accordance with the budget. See
Appendix B, Budget.
CERTIFICATION PERFORMANCE MEASURE— SCOPE OF WORK
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE as of the date and year written below.
Heidi Eisenhour. Chair, DATE
Board of County Commissioners of Jefferson County
Page 23 of 25
Attachment B: CHIP Budy-et
tfi
Waived system Jurisdiction or public utility waiving the SDCs:
development charges Jefferson County $28,015
(SDCs) for Water
Waived system Jurisdiction or public utility waiving the SDCs:
development charges Jefferson County $10,011
for sewer
Waived system
development charges Jurisdiction or public utility waiving the SDCs: 0
for Stormwater
Utility improvement
costs as detailed in Pass through funding to affordable housing $738,113
Attachment A: Scope of project costs
Work
Contract Total $776,139
CHIP funds can pay for the system development charges for the affordable units. All costs related to
CHIP funding must be submitted for reimbursement no later than June 30, 2025, or revised contract
end date if reappropriated. Calculations and SDC waiver documentation, along with the ordinance and
fee schedule must be provided with the invoice for SDCs.
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT
CERTIFICATION PERFORMANCE MEASURE -AVAILABILITY OF FUNDS
The GRANTEE by its signature, certifies that GRANTEE has received binding assurances from the
Project Developer or other relevant party that project funding from sources other than those provided
by this Grant Agreement has either been expended for eligible Project expenses, or is committed in
writing and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year
written below. The GRANTEE shall maintain records sufficient to evidence that the Project Developer
has expended or has access to the funds needed to complete the Project, and shall make such records
available for COMMERCE's review upon reasonable request.
Heidi Eisenhour. Chair, DATE
Board of County Commissioners of Jefferson County
Page 24 of 25
Attachment C: Commitment of Continued Affordabilit
The project will be monitored through the Housing Trust Fund and Apple Health and Homes under 40
year contracts and a deed of trust will be recorded on the property.
For the purposes of this contract,the utility project must serve new affordable housing projects that serve
and benefit low-income households for at least 25 years.
"Affordable housing" has the same meaning as in RCW 43.185A.010,and means residential housing for rental
occupancy which,as long as the same is occupied by low-income households, requires payment of monthly
housing costs, including utilities other than telephone,of no more than thirty percent of the family's income. In
the context of homeownership,the definition from the Housing Trust Fund Handbook applies(Section 701.7):
"affordability occurs when a household's monthly housing costs are generally no more than 38 percent of
monthly household income and total debt is no more than 45 percent of monthly household income. Housing
costs include mortgage principal, interest, property taxes, homeowner insurance, homeowner association fees,
and land lease fees, as applicable.Total debt includes other debt and utilities."
1"Low-income household"has the same definition as in RCW 43.185.010(6),and means a single person,family
or unrelated persons living together whose adjusted income is less than eighty percent of the median family
income, adjusted for household size,for the county where the project is located.
Project Caswell Brown Village Permanent Supportive Housing
Number of Affordable Units, Number of bedrooms, Level of Affordability
for exampie 10 one-bedroom uo:ts afforuable to 609,; AMi
31 Emergency beds/studio units available to 30%AMI
Term of affordability 40 years
Organization monitoring continued affordability: Housing Trust Fund
Documentation provided evidencing securitization of that affordability Housing Trust Fund
(What document will you send to Commerce evidencing secuntizatron?)
County and parcel number(s) of property:Jefferson County, Parcel#001162001
If the project is NOT already monitored for affordability by an organization such as the Housing Trust
Fund, The Washington State Housing Finance Commission, a housing authority, or a local government
monitoring process, then the following is required:
• The project must be enrolled in Commerce's Tracking Housing Affordability Database
(THAD), for receiving annual reports and conducting 5-year audits.
• The project must provide a covenant and/or note and deed of trust naming Commerce
as part of securitization.
• The project must maintain records for 31 years in accordance with the Records
Maintenance in contract General Terms and Conditions.
The GRANTEE by its signature, certifies that the project will be monitored to ensure continued
affordability for a minimum of 25 years, evidenced by documentation listed above The GRANTEE shall
maintain records sufficient to evidence the continued affordability, and that it will retain and shall make
such records available for COMMERCE's review upon reasonable request.
Heidi Eisenhour. Chair, DATE
Board of County Commissioners of Jefferson County
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