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HomeMy WebLinkAboutAgreement/Contracts - BOCCGRANT 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: K Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Karrie Stockton CONFIDENTIAL INFORMATION: ❑YES R NO DATE: $/21/2026 PHONE:2937 k0VAJ11 I Al,- ry , , I, , I 11"I RON Pr �:� , � ,.-..,, ❑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 ---- - --- ill-i- - - - T7 M Is ZI �W_4 ilk a—, _Vo� Approval for Subrecipient Agreement between Grant County and Beverly Water District (BWD) on the Community Development Block Grant (CDBG) No. 25-64210-021. Term is 4/17/2026 through 1/31/2030, grant amount is $2,000,000. If necessary, was this document reviewed by accounting? 0 YES ❑ NO ❑ N/A If necessary, was this document reviewed by legal? R YES ❑ NO ❑ N/A ;, , ,y yy " i s. S .cam .�.:y✓. ,/ :.gam s/.� :ice ,-ii. s /%. f1s1��' DATE OF ACTION: 8 Z�-c DEFERRED OR CONTINUED TO: WITHDRAWN: APPROVE: DENIED ABSTAIN D 1: 1 D2: D3: 4/23/24 FINANCIAL REQUEST FRequestor Karrie Stockton Requestor`s Department 001.101 - BOCC Date 6/10/2026 Fund/Dept of Request 190.001- Grant Admin Capital Asset Approval No Budget Extension Yes Establish/Close Fund No Cash Transfer No Description/Notes: This is a new CDBG General Purpose Federal grant from HUD through Commerce in the amount of $2,000,000.00 for the Beverly Water District. Grant Period: 04/17/2026 - 01/31/2030; Please see grant agreement for terms of disbursements/projected budget. Not likely to utilize the full $2M in FY 2026. CAPITAL ASSET PURCHASE APPROVAL BUDGET REQUIREMENT Asset Description NA Additional Expense Yes Total Purchase Expense NA Additional Revenue Yes Less: Existing Approval - Additional Cash Requirement Unknown Additional Funding Source Grant funding Additional Approval Required NA Capital Facility Related No Grant Funded Fully Documentation BUDGET EXTENSION REQUEST Fund Name Revenue code/s Account Description Amount CDBG GENERAL PURPOSE 190.0000.9960.3331400.300000. BEVERLY WATER DISTRICT 2,000,000 Optional to tie revenue to unique PROG - recommended but not required; let me know if you want to utilize it on the revenue side Fund Name Expense code/s Account Description Amount CDBG GENERAL PURPOSE 190.0000.9960.5587000.540000. BEVERLY WATER DISTRICT 2,000,000 *PROG - 9960 is for BWD for SIP; since a different Fund/BARS should be fine to utilize but if you prefer to make a NEW one; let me know. CASH TRANSFER REQUEST Fund Name (From) Code Account Description Amount (From) Fund Name (To) Code Account Description Amount (To) COMPLETED BY ACCOUNTING FUND CASH SUMMARY Notes: Budget hearing is scheduled for 6/30/2026; This is a New Grant and anticipated to be above what has been budgeted; however, it has a Beginning Cash (150,605) performance period spanning 3 1/2 years (04/2026 to 01/2030); Unknown how much to be utilized each year; unless specified in Grant Agreement - Expense Bdgt (w/amendments) 3,025,704 Update Amounts if needed. Expense Ext. Requested 2,000,000 Budget Hearing: As necessary Revenue Bdgt (w/amendments) 3,025,704 Resolution Required: As necessary Revenue Ext. Requested (excl 308) 2,000,000 Estimated Ending Cash 150, ( 605) 1 Reviewed By: Mandy Kim, CFO 6.10.2026 WASHINGTON STATE DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT BETWEEN GRANT COUNTY AND BEVERLY WATER DISTRICT This Agreement is made between Grant County (herein called the Local Government) and Beverly Water District (herein called Subrecipient) for the Beverly Water District Water Distribution System (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 25-64210- 021 (CFDA 14.228), to fund the Project with Federal Award Identification Number B-25-DC-53- 0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract and ensuring CDBG funds are used in accordance with all program requirements (24 CFR 570.501(b) and its CDBG contract with Commerce referenced above. The Local Government will provide assistance to the Subrecipient as required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: • Please see Attachment B, Scope of Work Subrecipient Responsibilities The Subrecipient will complete the following tasks to accomplish the objectives of principally benefiting low- and moderate -income persons. The Subrecipient will meet with the Local Government to review the status of these tasks. A. Follow all CDBG Handbook requirements for subrecipients, completing all applicable civil rights requirements; B. Coordinate with Grant County Administrative Specialists for on -site subrecipient monitoring, Engineering Consultant needs, and other matters as necessary/requested by the County and/or Consultant; Page 1 of 15 C. Work in concert with the Engineering Consultant to prepare bid documents/solicit bids pursuant to CDBG requirements in coordination with Grant County and award construction contract (with County oversight) D. Participate in a Pre -Construction Conference with the County, Engineering Consultant, and Construction Contractor; E. Provide original documentation to the County for all processes involving the CDBG grant; and F. Provide input, materials, reports, and/or requests for information from the County in a timely manner. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: Local Government: Grant County Name of Representative: Kevin Burgess Title: Chair, Board of County Commissioners Flailing Address: Attn: Karrie Stockton, Grant Specialist PO Box 37 City, State and Zip Code: Ephrata, WA, 98823 Telephone Number: (509) 754-2011 Ext. 2937 E-mail Address: kstockton@grantcountywa.gov Subrecipient: Beverly Water District Name of Representative: Suzan Lowell Mailing Address: PO Box 294 City, State and Zip Code: Beverly, WA 99321 Telephone Number: (509) 400-0012 E-mail Address: beverlywaterdistrict@yahoo.com UBI#: 602-976-266 4. BUDGET The Local Government will pass through to the Subrecipient no more than $2,,000,000 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Activity Budgeted Amount 21A General Administration $5,000 Page 2 of 15 03J Water Improvements $1,3951000 Indirect Cost Rate: % Federally Approved Indirect Rate, or 10% de minimis rate, or fill out "N/A" declining to charge indirect N/A Total Grant Amount $21000"000 Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of Modified Total Direct Costs (MTDC) will be used. "Modified Total Direct Costs" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with 2 CFR Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on appropriate ro riate documentation of costs actually incurred. 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass - through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring audit requirements are met. 7. SPECIAL CONDITIONS -No Special Conditions for this grant. 8. GENERAL CONDITIONS A. General Compliance. The Subrecipient agrees to comply with: 1. The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and 2. All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective. The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. Page 3 of 15 C. Independent Contractor. Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. 9. HOLD HARMLESS 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 orsubcontractor 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 maybe 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 Page 4 of 15 omission, or breach of any common law,, statutory or other delegated duty by the SUBRECIPIENT,, the SUB RECIPIENT'S employees, agents or subcontractors. 10. WORKERS' COMPENSATION The Subrecipient will provide Workers" Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. 11. INSURANCE AND BONDING A. The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. B. 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. C. 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 calendar days advance notice of any insurance cancellations, non -renewal or modification. D. 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. E. 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. F. SUB RECIPIENT shall provide insurance coverage that shall be maintained in full force and effect during the term of this Agreement, as follows: 1. 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 $1,000,000.00 per occurrence. Additionally, SUB RECIPIENT is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Page 5 of 15 2. Automobile Liability- In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the SUB RECIPIENT, automobile liability is $1,000,000.00 per occurrence, using a Combined Single Limit for bodily injury and property damage. 3. 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. 4. 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: i. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000.00- 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. ii. 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. iii. 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. 12. FUNDING SOURCE RECOGNITION The Subrecipient will ensure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 13. AMENDMENTS The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in Page 6 of 15 writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. 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. 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. 14. SUSPENSION OR TERMINATION 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 Agreements 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. Page 7 of 15 15. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: L Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the civil rights components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; vii. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and viii. Other records necessary to document compliance with Subpart K of 24 CFR 570 (which includes labor standards; national flood insurance; employment Page 8 of 15 and contracting opportunities; lead -based paint; use of debarred, suspended, or ineligible contractors or subrecipients; and conflict of interest). 16. ACCESS TO RECORDS AND RETENTION The grantee, Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. 17. AUDITS AND INSPECTIONS All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at anytime during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receiving receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. 18. REPORTING A. Program Income. The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. B. Periodic Reports. The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 19. OWNERSHIP OF MATERIALS/WORK/PRODUCED 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, Page 9 of 15 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. 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. 20. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. - Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.). Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794). Page 10 of 15 Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Urban Development Act of 1968 The Subrecipient shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u, 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): 1. 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. 1701u (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. 2. 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 part 75 regulations. 3. The Subrecipient 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 describe 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. 4. The Subrecipient 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 Page 11 of 15 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. 5. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient 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 Subrecipient's obligations under 24 CFR part 75. 6. 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. 7. 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 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). (b.) HUD has determined that grants under this part are subject to Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450b). Section 7(b) provides that any contract, subcontract, grant or subgrant pursuant to an act authorizing grant to Indian organizations or for the benefit of Indians shall require that, to the greatest extent feasible. Preference and opportunities for training and employment shall be given to Indians; and Preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974. 21. CONDUCT A. The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. Page 12 of 15 B. No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. C. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. D. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 22. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER -COVERED TRANSACTIONS A. The lower tier contractor certifies, by signing this contract, 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. B. Where the lower -tired contractor is unable to certify any of the statements in this contract, such contractor will attach an explanation to this contract. 23. RELIGIOUS ACTIVITIES The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 24. SEVERABILITY 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. 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. 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. Page 13 of 15 25. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the5ubrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 26. 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. I% Page 14 of 15 IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. BOARD OF COUNTY COMMISSIONERS BEVERLY WATER DISTRICT GRANT Co u NTY, WAS H I N GTo N Kevin Burgess, (hair ---_� Suzy Lowell, Board President `\������11111tttt/1//II�j����i ,. Fc��nrrr IN ' :..�' SE Ra on -hair _ : CP _ _ —UjI —� :y: ! r : . ter. •� •�IA1 ' •.�• • �••�. • cov•�.• �``� • ♦• Cindy Care Member 11iii H/NGTOIA `\0 �1���0/i�lllllllill����t� ATTEST: 6� Caitlin Marvell Clerk of the Board Tr, Oor R. BeAr, WSBA #47989 9tant bounty Prosecutor's Office tivil Deputy Prosecuting Attorney Date: Page 15 of 15