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HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)K25-298 GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: gOCC REQUEST SUBMITTED BY: Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Kal"1'I@ Stockton CONFIDENTIAL INFORMATION: ❑YES B NO DATE:12/16/2025 PHONE:2937 km r2a M 11 i MEN 0 M ,, '44P IMF, ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ® Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB aw wo rim - Approval of Sub Recipient Agreement between Grant County and Opportunities Industrialization Center(OIC) on the Washington State Dept of Commerce Community Development Block Grant (CDBG) Public Service, No. 25-64210-005 in the amount of $132,000. Term is 7/1/2025-6/30/202�(� If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: Aa ' .3 - DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D 1: k5cJ`) D2: D3: WITHDRAWN: 4/23/24 WASHINGTON STATE DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICES (PS) SUB RECIPIENT AGREEMENT THIS AGREEMENT is made and entered into by and between GRANT COUNTY, WASHINGTON ("COUNTY"), duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington, and Opportunities Industrialization Center (OIC), ("SUB RECIPIENT"), collectively referred to as the "Parties." In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURATION OF AGREEMENT The term of this Washington State Department of Commerce (CDBG PS) Grant Agreement, Contract No. 25-64210-005 (CFDA 14.228), shall begin on 7/1/2025, and shall terminate on 6/30/2026. goo l 1 6 �, MEM 1111 1 1 The SUB RECIPIENT represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Agreement. The SUB RECIPIENT shall perform the following services: Complete in a satisfactory and proper manner as determined by the County, the tasks described in the Scope of Work and Budget (contained within Attachment B, to this agreement) to accomplish the objectives of the CDBG PS Program. a. A description of the services to be performed by the OIC is set forth in Attachment A. b. The SUB RECIPIENT agrees to provide its own labor and materials. Unless otherwise provided for in the Agreement, no material, labor, or facilities will be furnished by the COUNTY. C. The SUB RECIPIENT shall perform according to standard industry practice of the work specified by this Agreement. d. The SUB RECIPIENT shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. e. The SUB RECIPIENT shall, from time to time, during the progress of the work, confer with the COUNTY. At the COUNTY'S request, the SUB RECIPIENT shall prepare and present status reports on its work. Community Development Block Grant 2025-2026, 01C, Sub Recipient Agreement - 1 f. The SUB RECIPIENT shall be in compliance with the Department of Commerce CDBG Program Scope of Work and Budget attached hereto as Attachment B and/or as may be updated by the Department of Commerce, with such updates fully incorporated herein by reference. SPECIFICALLY, SUB RECIPIENT is required to provide services to limited clientele with low and moderate incomes (LMI) based on HUD LMI criteria in the non -entitlement area(s) of Grant County, mom 0 00:1 DE401 Niel The Local Goverm-nent is responsible for administration of the CDBG PS contract and ensuring CDBG PS funds are used in accordance with all program requirements [24 CFR 570.501(b)] and its CDBG PS contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. In order to assist the SUB RECIPIENT in fulfilling its duties under this Agreement, the COUNTY shall provide the following: a. Relevant information as exists to assist the SUB RECIPIENT with the performance of the SUB RECIPIENT'S services. b. Coordination with other County Departments or other Consultants as necessary for the performance of the SUB RECIPIENT'S services. C. Services documents, or other information identified in Attachment A. 4. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: For COUNTY: Karrie Stockton Grant Administrative Specialist Board of County Commissioners Grant County Courthouse P.O. Box 37 Ephrata WA 98823-0037 For SUB Candi Jaeger RECIPIENT: 01C 815 Fruitvale Blvd Yakima, WA 98902 Community Development Block Grant 2025-2026, 01C, Sub Recipient Agreement - 2 5. COMPENSATION a. For services performed hereunder, the SUB RECIPIENT shall be paid, on a fixed basis concerning the term of this Agreement, defined herein as July 1, 2025 to June 30, 2026, from those rates/funds set forth in State Contract # 25-64210-005, a copy ofthe same attached hereto as Attachment B and incorporated herein by reference. The maximum total amount payable by the COUNTY to the SUB RECIPIENT under this Agreement shall not exceed $128,500.00 or as may be amended by the Department of Commerce; PROVIDED: Administrative costs of $3,500.00 incurred by the COUNTY will be reimbursed out of the grant funds as set forth below: 1) $3,500.00 administrative costs for July 1, 2025 to June 30, 2026 b. No payment shall be made for any work performed by the SUB RECIPIENT, except for work identified and set forth in this Agreement or supporting exhibits or attachments incorporated by reference into this Agreement. C. The SUB RECIPIENT must submit invoices to the COUNTY at least monthly, for reimbursement. Invoices shall cover the time SUB RECIPIENT performed work for the COUNTY during the billing period. The COUNTY shall pay the SUB RECIPIENT for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing. d. The SUB RECIPIENT shall not be paid for services rendered under the Agreement unless and until they have been performed to the satisfaction of the COUNTY. e. In. the event the SUB RECIPIENT has failed to perform any substantial obligation to be performed by the SUB RECIPIENT under this Agreement and such failure has not been cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the SUB RECIPIENT, withhold any and all monies due and payable to the SUB RECIPIENT, without penalty until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this Agreement means faithfully fulfilling the terms of the Agreement with variances only for technical or minor omissions or defects. f. Unless otherwise provided for in this Agreement or any exhibits or attachments - hereto, the SUB RECIPIENT will not be paid for any billings or invoices presented for payment prior to the execution of the Agreement or after its termination. g. RECAPTURE OF FUNDS: In the event that the SUB RECIPIENT fails to expend funds under this Contract in accordance with state or federal laws and/or the provisions of this Contract, the COUNTY reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following Contract termination. Repayment by the SUB RECIPIENT of funds under this recapture provision shall occur within 30 days of demand. In the event that the COUNTY is required to institute legal proceedings to enforce the recapture provision, the COUNTY shall be entitled to its costs thereof, including reasonable attorneys' fees. Community Development Block Grant 2025-2026, OIC, Sub Recipient Agreement - 3 6. AMENDMENTS AND CHANGES IN WORD a. In the event of any errors or omissions by the SUB RECIPIENT in the performance of any work required under this Agreement, the SUB RECIPIENT shall make any and all necessary corrections without additional compensation. All work submitted by the SUB RECIPIENT shall be certified by the SUB RECIPIENT and checked for errors and omissions. The SUB RECIPIENT shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY. b. No amendment, modification or renewal shall be made to this Agreement unless set forth in a written Contract Amendment, signed by both parties and attached to this Agreement. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the COUNTY. 7. HOLD HARMLESS AND INDEMNIFICATION a. The SUB RECIPIENT shall hold harmless, indemnify and defend the COUNTY,., its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business,- caused by or arising out of the SUB RECIPIENT'S acts, errors or omissions or the acts, errors or omissions of its employees, agents, subcontractors or anyone for whose acts any of them may be liable, in the performance of this Agreement. Claims shall include, but not be limited to, assertions that information supplied or used by the SUB RECIPIENT or subcontractor infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the SUB RECIPIENT'S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED, FURTHER, that in the event of the concurrent negligence of the parties, the SUB RECIPIENT'S obligations hereunder shall apply only to the percentage of fault attributable to the SUB RECIPIENT, its employees, agents or subcontractors. b. In any and all claims against the COUNTY, its officers, officials, employees and agents by any employee of the SUB RECIPIENT, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUB RECIPIENT or subcontractor under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the SUB RECIPIENT expressly waives any immunity the SUB RECIPIENT might have had under Title 51 RCW. By executing the Agreement, the SUB RECIPIENT acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the SUB RECIPIENT makes with any subcontractor or agent performing work hereunder. C. The SUB RECIPIENT'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the SUB RECIPIENT, the SUB RECIPIENT'S employees, agents or subcontractors. Community Development Block Grant 2025-2026, 01C, Sub Recipient Agreement - 4 8. INSURANCE SUB RECIPIENT shall provide insurance coverage as set out in this section. The intent of the required. insurance is to protect the COUNTY should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of SUB RECIPIENT,, or its agents, 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 Insurance, the insurance shall name the COUNTY, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. SUB RECIPIENT shall instruct the insurers to give COUNTY thirty (30) calendar days advance notice of any insurance cancellations,, non -renewal or modification. SUB RECIPIENT shall submit to COUNTY 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 this Agreement, SUB RECIPIENT shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. SUB RECIPIENT 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 not less than $1,000,000-00per occurrence. Additionally, SUB RECIPIENT is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. 1nthe event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the SUB RECIPIENT, automobile liability is $1000 000. 00 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. SUB RECIPIENT shall maintain Professional Liability or Errors and Omissions Insurance. SUB RECIPIENT shall maintain minimum limits of no less than $ 1,000.,000.00 per occurrence to cover all activities by the SUB. RECIPIENT and licensed staff employed by SUB RECIPIENT. COUNTY, 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 SUB RECIPIENT 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: Community Development Block Grant 2025-2026, 01C, Sub Recipient Agreement - 5 A. The amount of fidelity coverage secured pursuant to this Agreement shall be $ 1 W 000. 00 or the highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the COUNTY as a beneficiary. B. SUB RECIPIENT shall secure fidelity insurance as noted above. Fidelity insurance secured by SUB RECIPIENT pursuant to this paragraph shall name the COUNTY as beneficiary. C. SUB RECIPIENT shall provide, at COUNTY's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies of certifications shall show the insurance coverage, the designated beneficiary, who is covered., the amounts, the period of coverage, and that COUNTY will be provided thirty (30) days advance notice of cancellation. a. The COUNTY may terminate this Agreement for convenience in whole or in part whenever the COUNTY determines, in its sole discretion that such termination is in the best interests of the COUNTY. The COUNTY may terminate this Agreement upon giving thirty (30) days written notice by Certified Mail to the SUB RECIPIENT. In that event, the COUNTY shall pay the SUB RECIPIENT for all costs incurred by the SUB RECIPIENT in performing the Agreement up to the date- of such notice. Payment shall be made in accordance with Section 5 of this Agreement. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Agreement, the COUNTY may summarily terminate this Agreement notwithstanding any other termination provision of the Agreement. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the COUNTY to the SUB RECIPIENT. After the effective date, no charges incurred under this Agreement are allowable. C. If the SUB RECIPIENT breaches any of its obligations hereunder and fails to cure the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may terminate this Agreement, in which case the COUNTY shall pay the SUB RECIPIENT only for the costs of services accepted by the COUNTY, in accordance with Section 5 of this Agreement. Upon such termination, the COUNTY, at its discretion, may obtain performance of the work elsewhere, and the SUB RECIPIENT shall bear all costs and expenses incurred by the COUNTY in completing the work and all damage sustained by the COUNTY by reason of the SUB RECIPIENT'S breach. If, subsequent to termination, it is determined for any reason that (1) the SUB RECIPIENT was not in default, or (2) the SUB RECIPIENT'S failure to perform was not its fault or its subcontractor's fault or negligence, the termination shall be deemed to be a termination under subsection a of this section. Community Development Block Grant 2025-2026, OIC, Sub Recipient Agreement - 6 10. ASSIGNMENT, DELECZATION, AND SUBCONTRACTING a. The SUB RECIPIENT shall perform the terms ofthe Agreement using only its bona fide employees or agents who have the qualifications to perform under this Agreement. The obligations and duties of the SUB RECIPIENT under this Agreement shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the COUNTY. b. The SUB RECIPIENT warrants that it has not paid, nor has it agreed to pay any company, person.) partnership, or firm, other than a bona fide employee working exclusively for SUB RECIPIENT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 11. NON -WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Agreement does not constitute a waiver of such provision(s) or future performance or prejudice the right of the waiving party to enforce any of the provisions of this Agreement at a later time. 12. INDEPENDENT CONTRACTOR a. The SUB RECIPIENT'S services shall be furnished by the SUB RECIPIENT as an Independent Contractor and not as an agent, employee or servant of the COUNTY. The SUB RECIPIENT specifically has the right to direct and control SUB RECIPIENT'S own activities in providing the agreed services in accordance with the specifications set out in this Agreement. b. The SUB RECIPIENT acknowledges that the entire compensation for this Agreement is set forth in Section 5 of this Agreement, and the SUB RECIPIENT is not entitled to any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to Grant County employees. C. The SUB RECIPIENT shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent or representative of the SUB RECIPIENT shall be or deem to be or act or purport to act as an employee, agent or representative of the COUNTY. d. The SUB RECIPIENT shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state legislation which is now or may during the term of this Agreement be enacted as to all persons employed by the SUB RECIPIENT and as to all duties, activities and requirements by the SUB RECIPIENT in performance of the work on this project and under this Agreement and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations. e. The SUB RECIPIENT agrees to immediately remove any of its employees or agents from assignment to perform services under this Agreement upon receipt of a written request to do so from the COUNTY'S contract representative or designee. Community Development Block Grant 2025-2026, 01C, Sub Recipient Agreement - 7 13. COMPLIANCE WITH LAWS The SUB RECIPIENT shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement. 14. INSPECTION OF BOOKS AND RECORDS The COUNTY may, at reasonable times, inspect the books and records of the SUB RECIPIENT relating to the performance of this Agreement. The SUB RECIPIENT shall keep all records required by this Agreement for six (6) years after termination of this Agreement for audit purposes. The SUB RECIPIENT, its assignees, delegates or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. Implementation of this -provision shall be consistent with RCW 49.60, et. seq. a. Material produced in the performance of the work under this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the COUNTY. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys-, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the SUB RECIPIENT for purposes other than those intended by this Agreement, it does so at its sole risk and it agrees to hold the SUB RECIPIENT harmless therefore to the extent such use is agreed to in writing by the SUB RECIPIENT. b. An electronic copy of all or a portion of material produced shall be submitted to the COUNTY upon request or at the end of the job using the word processing program and version specified by the COUNTY. C. CESSATION OF USE OF PROPERTY IN PERFORMANCE OF THIS AGREEMENT: Any property furnished to the Contractor or purchased with funds provided through this agreement. shall, unless otherwise provided herein, or approved by the County, be used only for the performance of this contract. If the Contractor ceases using the property for the performance of this contract, the Contractor must notify the County, and the County may (1) require the Contractor to give the property to the County; (2) refund the amount of money used under this agreement to purchase the property; or (3) pursue other remedies as allowed under law. Community Development Block Grant 2025-202.6, 01C, Sub Recipient Agreement - 8 17. DISPUTES Differences between the SUB RECIPIENT and the COUNTY., arising under and by virtue of this Agreement, shall be brought to the attention of the COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due to the SUBRECIPIENT shall be decided by the COUNTY'S Contract representative or designee. All the rulings, orders, instructions and decisions of the COUNTY'S contract representative shall be final and conclusive, subject to the SUB RECIPIENT'S right to seek judicial relief pursuant to Section 18. 18. CHOICE OF LAW, JURISDICTION AND VENUE a. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in Grant County, Washington. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected) and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. C. Should the COUNTY determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exist, the COUNTY may, in its sole discretion, terminate this Agreement. 20. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. Community Development Block Grant 2025-2026, OIC, Sub Recipient Agreement — 9 21. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. The parties hereto acknowledge that the waiver of immunity set out in Section 7.b. was mutually negotiated and specifically agreed to by the parties herein. THIS AGREEMENT is executed by the persons signing below who warrant that they have the authority to execute the Agreement. GRANT COUNTY WASHINGTON BOARD OF COUNTY COMMISSIONERS ADOPTED on this ,� �day of December 2025 Rob J es Chair o Cindy CartAr Vice -Chair Kevin Burgess Member ATT-E •f rp � r,. r . Clerk o th Board APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney (SUBRECIPIENT) ADOPTED on this day of December 2025 x-- Anthony P4' er ion, Chief Executive Officer Community Development Block Grant 2025-2026, OIC, Sub Recipient Agreement - 10 as ing As ii 440 on—ime c Attachment A: Community Development Block Grant Requirements This agreement includes terms and conditions of the COMMERCE's federal award that are imposed on the GRANTEE, and the GRANTEE agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. 1. General Compliance The GRANTEE shall comply with all applicable provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified. 2. 2 CFR 200 The GRANTEE must comply with the applicable requirements at 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as may be amended from time to time, to the extent that part 200 is incorporated into and made applicable by 24 CFR part 570, subpart I, or applicable Federal Register notices that govern this Grant Agreement. 3. Prohibited Activities The GRANTEE may only carry out the activities described in this Agreement. The GRANTEE is prohibited from charging to the Subaward the costs of CDBG-ineligible activities, including those described at 24 CFR 570.207, and from using funds provided herein or personnel employed in the administration of activities under this Agreement for political activities, inherently religious activities, or lobbying. 4. Property Standards The GRANTEE shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.4890), in which case GRANTEE shall comply with 24 CFR 570.2000) and 24 CFR 570.4890), and except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). 5. Federal Funding Accountability and Transparency Act (FFATA) The GRANTEE shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The GRANTEE must have an active registration in SAM in accordance with 2 CFR part 25, appendix A, and must have a Unique Entity Identifier (UEI). The GRANTEE must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 6. Build America, Buy America The GRANTEE must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the GRANTEE's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. 7. Environmental Review COMMERCE shall not release funding to a GRANTEE until the following conditions implementing 24 CFR part 58 are met: A. The GRANTEE must complete an environmental review of the project and make a finding of environmental impact. Unless the project is exempt under the National Environmental Policy Act (NEPA), a notice of this finding must be published along with a notice of the GRANTEE's intent to -,L ,O� arw.1 �' 11 jt 1(\^.�J`�yt'9� �p rj0. w 140'�Y Comn-ter ° request release of funds for the project. The GRANTEE must allow a seven (7) or fifteen (15) day period for public review and comment following publication of the notices. When this review and comment period expires, the GRANTEE may, after considering any comments received, submit a request for release of funds to COMMERCE. Upon receipt of the request, COMMERCE must allow a fifteen -day objection period. When COMMERCE's objection period expires, COMMERCE may, after considering any comments received, formally notify the GRANTEE in writing of the release of federal funds for the project. B. The GRANTEE will comply with requirements of the National Historic Preservation Act, 54 USC 30001 et seq. and its implementing regulations, particularly 36 CFR 800, as applicable. 8. Historical or cultural Artifacts, Human Remains In the event that historical or cultural artifacts are discovered at the project site during construction or rehabilitation, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state historic preservation officer at the Department of Archaeology and Historic Preservation (DAHP). If human remains are discovered, the GRANTEE shall stop work, report the presence and location of the remains to the coroner and local law enforcement immediately, and contact DAHP and the concerned tribe's cultural staff or committee. 9. Relocation, Real Property Acquisition The GRANTEE shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), 42 USC 4601 — 4655, 49 CFR part 24, 24 CFR part 42, and 24 CFR 570.606; in addition to waivers and alternate requirements of all applicable Federal Register Notices for this award. 10. Acquisition and Disposition of Assets The GRANTEE will account for any tangible personal property acquired or improved with this Grant Agreement. The use and disposition of real property and equipment under this Grant Agreement will be in compliance with the requirements of all applicable federal law and regulation, including but not limited to 24 CFR Part 84 and 24 CFR Part 570.489,570.502,570.503,570.504, and 570.505 as applicable, which include but are not limited to the following: Real property that was acquired or improved, in whole or in part, with funds under this Grant Agreement in excess of $25,000 shall be used to meet one of the CDBG national objectives for ten (10) years after the Grant Agreement is closed. Any exception must be made with COMMERCE approval and the GRANTEE will be responsible to pay COMMERCE an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment from the disposition of real property acquired with this Grant Agreement within ten (10) years of closeout of the Grant Agreement shall be treated as CDBG Program Income. In cases in which equipment acquired in whole or in part with funds under this Grant Agreement is sold, the proceeds will be CDBG Program Income. 11. Labor Standards and Employment The GRANTEE shall comply with the labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended, and ensure that all laborers and mechanics employed by contractors or Subgrantee(s)/Subcontractor(s) in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon Act, as amended (40 U.S.C. 3141, et seq.), and 29 CFR part 1, 31 5, ,40%'rEi :l#inn SLate 9 _ N�partmerit of 1 %x'F nr 6, and 7, provided that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The GRANTEE agrees to comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The GRANTEE shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation shall be made available to COMMERCE for review upon request. 12. Section 3 of the Housing and Urban Development Act of 1968 The GRANTEE shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u, and implement its implementing regulations at 24 CFR part 75. All Section 3 covered contracts shall include the following clause (referred to as the section 3 clause): a. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. c. The GRANTEE agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The GRANTEE agrees to include this section 3 clause in every subgrant and/or subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subgrant and/or subcontract or in this section 3 clause, upon a finding that the Subgrantee/Subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subgrant and/or subcontract with any Subgrantee/Subcontractor where the contractor has notice or knowledge that the Subgrantee/Subcontractor has been found in violation of the regulations in 24 CFR part 75. e. The GRANTEE will certify that any vacant employment positions, including training positions, that are filled (1) after the GRANTEE is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the GRANTEE's obligations under 24 CFR part 75. f. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subgrants and/or subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Grant VY, s[ ing-on SLaLe [ epa merit of 44iv Co. trim r Agreement that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 13. Performance Reporting The GRANTEE, at such times and in such forms as COMMERCE may require, shall furnish periodic progress and performance reports pertaining to the activities undertaken pursuant to this Grant Agreement. These reports may include environmental review records, publication affidavits, procurement and contracting records, documentation of compliance with federal civil rights requirements, job creation records, program income reports, reports of the costs and obligations incurred in connection therewith, the final closeout report, and any other matters covered by this Grant Agreement. Activities funded by this Grant Agreement providing income -qualified direct assistance or direct services under the limited clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary reports as furnished by COMMERCE. Failure to submit these reports may result in COMMERCE withholding payment or terminating this Grant Agreement. 14. Program Income Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before drawing additional CDBG funds to complete activities included in Attachment B - Scope of Work and Budget. The GRANTEE must maintain records of program income received and expended and annually report program income received after closeout of this Grant Agreement. Program Income shall be used to continue the same activities to benefit low- and moderate -income persons or, with COMMERCE approval, for other activities to benefit low- and moderate -income persons. Interest earned in excess of $100 on CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the U.S. Treasury. 15. Nondiscrimination A. section 109. The GRANTEE will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title 1) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with federal financial assistance. The GRANTEE will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-CV funds. Thus, the GRANTEE shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs. B. Architectural Barriers Act and the Americans with Disabilities Act. The GRANTEE shall ensure that its activities are consistent with the requirements of the Architectural Barriers Act and the Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain federal and federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and used by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. It further provides Depa,, t rnent of INAPFC011-mle C that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable that is, easily accomplishable and able to be carried out without much difficulty or expense. C. Title VI of the Civil Rights Act of 1964 (24 CFR part 1) i. General Compliance. The GRANTEE shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352), as amended and 24 CFR 570.601 and 570.602. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds. The GRANTEE shall not intimidate, threaten, coerce, or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under 24 CFR part 1. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. ii. Assurances and Real Property Covenants. As a condition to the approval of this Agreement and the extension of any federal financial assistance, the GRANTEE assures that the program or activities described in this Agreement will be conducted and the housing, accommodations, facilities, services, financial aid, or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to 2 CFR part 1. If the federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the GRANTEE's assurance herein shall obligate the GRANTEE or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the GRANTEE retains ownership or possession of the property, whichever is longer. In all other cases the assurance shall obligate the GRANTEE for the period during which federal financial assistance is extended pursuant to the contract or application. This assurance gives COMMERCE and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein, acquired with federal financial assistance under this Agreement or acquired with CDBG-CV funds and provided to the GRANTEE under this Agreement, the instrument effecting any disposition by the GRANTEE of such real property, structures or improvements thereon, or interests therein, shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If the GRANTEE receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance, the nondiscrimination requirements of this part shall extend to any facility located wholly or in part in such space. 16. Conduct A. Hatch Act. The GRANTEE shall comply with the Hatch Act, 5 USC 1501 —1508, and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 'OJ',3shiCtg"'on SLate Dt—partrrient of W On'111 el .1e, B. Conflict of Interest. In the procurement of supplies, equipment, construction, and services pursuant to this Agreement, the GRANTEE shall comply with the conflict -of -interest provisions in COMMERCE's procurement policies and procedures. In all cases not governed by the conflict -of - interest provisions in the COMMERCE's procurement policies and procedures, the GRANTEE shall comply with the conflict -of -interest provisions in 24 CFR 570.489(h). C. Lobbying Certification. The GRANTEE hereby certifies that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of it, 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; ii. If any funds other than federal appropriated funds have been paid or will be paid 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 this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; iii. It shall require that the language of paragraphs (a) and (b) of this certification be included in the award documents for all Subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose; accordingly, and iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17. Religious Activity The GRANTEE agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. Attachment B -- Scope of Work and Budget GRANTEE: GRANT COUNTY Grant No. 25-64210-005 Project Description / Deliverable GRANT COUNTY is awarded a CDBG Public Services Grant for eligible public services through OIC of Washington. The services will be directed to limited clientele with low and moderate incomes (LMI) based on HUD LMI criteria. This grant will exclusively benefit approximatley 2,000 persons residing in the of non -entitlement area(s) of Grant counties. Project Budget Budget Code & Funding Leveraged Other Funding . Total Funding 21A General Administration $ $3,500 Other Federal $ $0 05 Public Services $ $128,500 Other State$ $0 Local Public $ $0 Private $ $0 Total CDBG Funds $132,000 Total Other Funds $0 $132,000 Project Activities Milestones o Execute grant contract with Commerce. ■ Complete the environmental review in compliance with Federal related laws and authorities. ■ Verify subrecipient does not have an active exclusion record in SAM.gov. Before first Establish a subrecipient agreement that includes the project budget and the semi-annual payment request beneficiary reporting requirement. Submit a signed copy to Commerce. 0 Review subrecipient reimbursement requests against the project costs, project budget, and contract start date. Not more than ■ Document the county's CDBG general administration costs. monthly 2 Prepare and submit payment requests with supporting documentation to Commerce. ■ Document receipt of grant funds and reimbursement of eligible costs. N Submit CDBG Beneficiary Reports by the end of the month following the semi-annual date. Jan 31, July 31 ■ As necessary, arrange an audit with the Washington State Auditor in accordance with the Uniform Guidance, 2 CFR 200, Subpart F-Audit Requirements. Annually ■ Complete applicable civil rights requirements. ■ Conduct monitoring of the subrecipient to verify CDBG requirements and all costs reimbursed are Before final payment allowable. ■ Conduct a final public hearing to review project performance, resolve all monitoring issues with request CDBG, and submit a CDBG Contract Closeout Report. ■ Deliver the direct services identified in the CDBG application through the local community action program. Before contract ■ Allocate and manage public services funds as established in the approved subrecipient agreement end date and budget. ■ Meet the CDBG national objective of principally benefiting low- and moderate -income persons. ver.06.09,22