HomeMy WebLinkAboutGrant Related - BOCCDocuSign Envelope ID: B338F0E5-F4C9-4BA1 -9861-76046OC1 D5A2 K21-205 '6
-'�' Washington State
V4 a hiris Comriirierce
Interagency Grant Agreement with
Grant County
Community Development Block Grant (CDBG) Program
Public Services Grant
Public Services through Opportunities Industrialization Center of
Washington to oow-and moderate -income persons in Adams and
Grant counties,
Start date: July 01, 2021,
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-760460C1 D5A2
TABLE of CONTENTS
Special Terms and Conditions
1.
Definitions..............................................................................................................1
2.
Authority.................................................................................................................1
3.
Acknowledgement Federal Funding
4.
of ........................................................1
Grant Management
5.
................................................................................................1
Compensation and Expenses
6.
................................................................................1
Indirect Costs
7.
............................................................................ ...
Billing Procedures and Payment
8.
............................................................................2
Subcontractor Data Collection
9.
............................................................................... 2
Audit
10.
......................................................................................................................3
Debarment
11.
............................................................................................................. 3
Insurance
12.
........................................................................................................Y......4
Acquisition And Disposition Of Assets
13..
.......................................... a.. a ......... ............ 4
Environmental Review
14.
........................................................................................... 4
Historical Or Cultural Artifacts, Human Remains
................................................... 5
15.
Laws
16.
....................................................................................................................... 5
Performance Reporting
17.
.......................................................................................... 5
Program Income
18.
.....................................................................................................5
Subcontracts for Engineering Services
.................................................................. 5
Closeout
2019.
.
Order of PrecedenceI'x
........................................................................................... 6
General Terms and Conditions
Definitions.............................................................................................................. 7
2.
All Writings Contained Herein................................................................................ 7
3. Amendments.......................................................................................................... 7
4. Assignment............................................................................................................ 7
5. Confidentiality and Safeguarding of Information.................................................... 7
6.'
Copyright................................................................................................................ 8
7.
Disputes ................................................................................................................. 8
8. Governing Law and Venue.................................................................................... 8
9. Indemnification ..................... ..Y............................................................................... 8
10. Licensing, Accreditation and Registration............................................................. 9
11. Recapture.............................................................................................................. 9
12. Records Maintenance............................................................................................ 9
13.'
Savings.................................................................................................................. 9
4. Severability............................................................................................................ 9
15. Subcontracting .................................. .... ..... ..... Y. ............. ......... a... .......... ........,........ 9
6. Survival................................................................................................................10
17. Termination for Cause.........................................................................................10
18. Termination for Convenience...................................................................
19.'
Termination Procedures......................................................................................10
20. Treatment of Assets.............................................................................................11
21. Waiver ........... ■ ... ......... .. ... .. ..... . ... Y . Y .......... ■ ■ .. . t ... . , .. .. .......... .... Y . ■ .. ... ............. .......... ■ 11
Attachment A, Scope of Work and Budget
Attachment B, Letter to Incur Costs
Envelope ID: B338F0E5-F4C9-4BA1-9861-760460C1D5A2
FACE SHEET
Contract Number: 21-62210-005
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
CDBG Public Services Grant
1. Grantee 2. Grantee Doing Business As (optional)
Grant County NA
PO Box 37
Ephrata, WA 98823
3. Grantee Representative 4. COMMERCE Representative
Janice Flynn, Administrative Services Coordinator Jeff Hinckle, Project Manager
(509) 754-2011 PO Box 42525/1011 Plum Street'SE
jflynn@grantcountywa.gov Olympia, WA 98504
(360) 605-2402
jeff.hinckle@commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$126,580 Federal: ® State: ❑ Other: ❑ N/A: ❑ 7/1/2021 6/30/2022
,
9. Federal Funds Federal Agency: CFDA Number: Indirect Ra`le'- 'if applicable):
� pp : )
$126,580 U.S. Department of Housing and 14.228 N/A
Urban Development (HUD)
10. Tag ID # 11.SWV# 12.UBI# 13. DUNS#
91-6001319 0002426-03 132-001-884 10202562
14. Grant Purpose
Public Services through Opportunities Industrialization Center of Washington to low- and moderate -income persons in Adams
and Grant counties. A full description of the project is in Attachment "A" Scope of Work and Budget.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms
of this Grant and Attachments and have executed this Grant on the date below to start as of the date and year referenced above
and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Grant are
governed by this Grant and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work and
Budget,. Attachment "B" — Letter to Incur Costs, Grantee's application for funding and the Community Development Block
Grant policies and procedures.
FOR GRANTEE FOR COMMERCE
Docuftned by: DocuSigned by:
A�
The onora e Indy Carter, Chair, Board of County Mar . ar ey;�Assistant Director
Commissioners Local Government Division
Grant County
�
10/25/2021 � 11:00 AM PDT �� 10/26/2021 8:11 AM PDT
Date
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 07/17/2019.
APPROVAL ON FILE.
DocuSign Envelope ID: l3338F0E5-F4C9-4BA1 -9861-76046OC1 D5A2
FACE SHEET
Contract Number: 21-62210-005
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
CDBG Public Services Grant
1. Grantee
2. Grantee Doing Business As (optional)
Grant County NA
PO Box 37
Ephrata, WA 98823
3. Grantee Representative 4. COMMERCE Representative
Janice Flynn, Administrative Services Coordinator Jeff Hinckle, Project Manager
(509) 754-2011 PO Box 42525/1011 Plum Street SE
jflynn@grantcotintywa.gov Olympia, WA 98504
(360) 605-2402
jeff.hinckle@commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date S. End Date
$126,580 Federal: E State: n Other: ❑ N/A: ❑ 7/1/2021 6/30/2022
9. Federal Funds Federal Agency: CFDA Number: Indirect Rate (if applicable):
$126,580 U.S. Department of Housing and 14.228 N/A
Urban Development (HUD)
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
91-6001319 0002426-03 132-001-884 10202562
14. Grant Purpose
Public Services through Opportunities Industrialization Center of Washington to low- and moderate-incomepersons in Adams
and Grant counties. A full description of the project is in Attachment "A" Scope of Work and Budget.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms
of this Grant and Attachments and have executed this Grant on the date below to start as of the date and year referenced above
and warrant they are authorized to bind their respective agencies. The rights and obligations of bothparties to this Grant are
governed by this Grant and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work and
Budget, Attachment "B" — Letter to Incur Costs., Grantee's application for ffinding and the Community Development Block
Grant policies and procedures.
FOR GRANTEE FOR COMMERCE
(A)
The Honorable CX dy Carter, C6r, Board of County Mark K. Barkley, Assistant Director
Commissioners Local Government Division
Grant County
Date
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 07/17/2019.
APPROVAL ON FILE.
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1 D5A2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
A. "Contractor" and "Grantee" in this Grant, and the term "subrecipient" found in the federal
Community Development Block Grant (CDBG) rules and regulations, shall mean the same.
B. "Low- and moderate -income" shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size.
C. "Subgrantee" or "Subcontractor" shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Grant under a separate Grant with the Grantee.
The terms "subgrantee" or "subcontractor" mean subcontractor(s) in any tier.
D. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
2. AUTHORITY
COMMERCE and Grantee enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
ACKNOWLEDGMENT3. •,.
Federal Award Date: August 26, 2021
Federal Award Identification Number (FAIN): B -21 -DC -53-0001
Total amount of the federal award: $13,251,998
Awarding official: John W. Peters, HUD CPD Director
The Grantee agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in
whole or in part with federal funds under this Contract, shall contain the following statements:
"This project was supported by Grant No. B -21 -DC -53-0001 awarded by the U.S.
Department of Housing and Urban Development (HUD). Points of view in this document
are those of the author and do not necessarily represent the official position or policies
of HUD. Grant funds are administered by the Community Development Block Grant
Program, Washington State Department of Commerce."
4. GRANT 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.
The Representative for COMMERCE is identified on the Face Sheet of this Grant.
The Representative for the Grantee is identified on the Face Sheet of this Grant.
5. COMPENSATION AND EXPENSES
COMMERCE shall pay an amount not to exceed the amount identified on the Face Sheet of this Grant
for the performance of all things necessary for or incidental to the performance of work as set forth in
Attachment "A" - Scope of Work and Budget incorporated herein, and by reference the Grantee's
application for funding.
Grantee shall receive reimbursement for travel and other expenses as authorized in advance by
COMMERCE as reimbursable. Grantee shall receive compensation for travel expenses at current state
travel reimbursement rates.
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DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1D5A2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
6. INDIRECT COSTS
The Grantee shall provide their indirect cost rate that has been negotiated between their entityand the
federal government. If no such rate exists, a de minimis indirect cost rate f
0 10% of modified total direct
costs (MTDC) will be used.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of proper) completed
invoices, which shall be submitted to the Representative f y
p or COMMERCE Representative on a
Washington State Invoice Voucher form not more often than monthly.
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
identified on the Face Sheet of this Grant. If expenses are invoiced, provide a detailed breakdown of
each type.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
Y e address designated by the
receipt of properly completed Invoices. Payment shall be sent to the y
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed b the
Grantee for services rendered if the Grantee fails to satisfactorilyI with y
comply y fih any term or condition of
this Grant, including completion of the Environmental Review and the release of fundslicable if applicable).
( Pp )
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall
be made by COMMERCE.
COMMERCE shall not release the final five (5) percent of the total grant amount until acceptance b
COMMERCE of project completion. p y
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce willrovide
notification of the end of fiscal year due date. P
The grantee must invoice for all expenses from the beginning of the contract through June 30
regardless of the contract start and end date. g '
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 b other
source, including grants, for that service. y any
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors/subreclplent. g
8. 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 Agreement performed by subcontractors and the
portion of funds expended for work performed by subcontractors, including but not necessarilylimited
to minority-owned, woman -owned, and veteran -owned business su
subcontractors. "Subcontractors" shall
mean subcontractors of any tier.
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DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1 D5A2
SPECIAL TERMS ,AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
9. AUDIT
If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program -specific
audit for that fiscal year. Upon completion of each audit, the Grantee shall:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program -specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit
requirement.
The Grantee shall send all single audit documentation to auditreview(c7comrnerce.wa. ov.
10. DEBARMENT
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 that they:
i. Are not presently debarred, suspended, proposed for debarment, 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;
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:
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
contractor 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 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.
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DocuSign Envelope ID: B338FOE5-F4C9-4•BA1-9861-760460C1 D5A2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
11. 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.
12. ACQUISITION AND DISPOSITION OF ASSETS
The Grantee will account for any tangible personal property acquired or improved with this Grant.
The use and disposition of real property and equipment under this Grant 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 570.4897570.502,570.503,570.504, 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 in excess
of $25,000 shall be used to meet one of the CDBG national objectives for ten (10) years after the Grant
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 p
q ue 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 within ten10
years of closeout of the Grant shall be treated as CDBG Program Incometen(
)
.
In cases in which equipment acquired in whole or in part with funds under this Grant is sold the
proceeds will be CDBG Program Income.
13. ENVIRONMENTAL REVIEW
General Purpose, Housinq Enhancement, and Economic Opportunity Grants
Funding in excess of the amount stipulated in Attachment "B" - Letter to Incur Costs, shall not be
released to a Grantee by COMMERCE until the following conditions implementing 24 CFRp art 58 are
met.
A. The Grantee must complete an environmental review of the project and make a findingof
environmental impact. A notice of this findingmust be published along
p g with a notice of the Grantee's
intent to request release of funds for the project unless the project is exempt from the publication
requirements as described. The Grantee must allow a seven (7) or fifteen (15) day period forublic
review and comment following publication of the notices unless p
I ss exempt under the National
Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA).
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 15 da period for public q
( ) y p p c review and comment. When
COMMERCE's public review and comment period expires, COMMERCE may, after considering
any comments received, formally notify the Grantee in writingof the release
ase of federal funds for the
project.
B. This special condition is satisfied when the Grantee completes the environmental review and
request for release of funds from COMMERCE. The special condition is effectively removed on the
date COMMERCE provides the Grantee with written notice of release of funds.
Planning -Only Activities and Public Services Activities
Funding shall not be released to a Planning -Only Activities or Public Services Activities recipient until
the following conditions are met: The Grantee assures that assisted activities are exempt under NEPA
(24 CFR 58.34) and categorically exempt under SEPA (RCW 43.21C.110). The Grantee further
assures that the activities do not come under the purview of any other federal, state, and known local
environmental laws, statutes, regulations or executive orders. In addition, the Grantee assures it will
document, in writing, its determination that each activity or project is exempt and meets the conditions
specified for such exemption under (NEPA) 24 CFR 58.34(3) (for Planning -Only) or 58.34(4) (for Public
Services) and (SEPA) WAC 197-11-800.
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DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1D5A2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
14. 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) at (360) 586-3065. 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.
15. 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, including:
• Housing and Community Development Act of 1974.
® CDBG regulations in 24 CFR Part 570.
• 2 CFR 200.
16. 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 Contract.
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. Activities funded by this Grant
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 Contract.
17. 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 the 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. 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.
18. SUBCONTRACTS FOR ENGINEERING SERVICES
Engineering firms must certify that they are authorized to do business in the state of Washington and
are in full compliance with the requirements of the Board of Professional Registration. The Grantee
shall require that engineering services providers be covered by errors and omissions insurance. The
engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all
activities by the engineering firm and licensed staff employed or under contract to the engineering firm.
The state of Washington, its agents, officers, and employees need not be named as additional insureds
under this policy.
19. CLOSEOUT
COMMERCE will advise the Grantee to initiate closeout procedures when there are no impediments to
closing and the following criteria have been met or soon will be met:
A. All costs have been incurred with the exception of closeout costs and any unsettled third -party
claims against the Grantee. Costs are incurred when goods and services are received or contract
work is performed.
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DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1 D5A2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERALFUNDS
B. The Grantee has held a public hearing to review program performance.
C. The Grantee has submitted the Contract Closeout Report. Failure to submit a report will not
preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest. An
excess grant amount in the Grantee's possession shall be returned in the y
event of failure to finish
or update the report.
D. Other responsibilities of the Grantee under this Grant and applicable laws and regulations appear
to have been carried out satisfactorilyor there is no further state in pp
interest in keeping this Grant open
for the purpose of securing performance.
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by givingp recedence
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 and Budget
• Attachment B — Letter to Incur Cost, if applicable
• Grantee's application for funding
• Community Development Block Grant policies and procedures, prepared by Commerce
located at www.commerce.wa.gov\CDBG
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DocuSign Envelope ID: B338FOE5-F4C9-4BAl-9861-76046OClD5A2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERALFUNDS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized shall mean the Director and/or the designee authorized in writing
actontheDireotor�behaU[ -
B. ^COMMERCE"shall mean the DepartmentofCommerce.
G. "Gnant"m"Agreement" means thaentire written agreement between COMMERCE and the
Grantee, including any attachments, documents, ormaterials incorporated ����n�.[�ei|or
�
facsimile anom�oionofasigned copy ofthis con�octshall bethe same ea'delivery ofonohgino}.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents ofthe Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to e person's name, haalth, financee, education, business, use or receipt
of governmental services or other aotivities, eddree000, telephone numbena, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Suor "Subcontractor"shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Grant under oseparate Grant with the Grantee.
The terms cc subgrantee" or "subcontractor7i mean subcontractor(s) in any tier.
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
mal or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
3. AMENDMENTS
This Grant 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.
lei ffJ F4 VM
Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or
assigned by the Grantee without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" eoused /n this section includes:
iAll material provided to the Grantee by COMMERCE that is designated as
COMMERCE;
- ^
ii. All material produced by the Grantee that isdesignated as "confidential" by COMMERCE; and
iii. All personal information inthe possession of the Grantee that may not be disclosed under state
orfederal law.
B. The Grantee shall comply with all state and federal laws related to the use, ahohng, transfer, aa|e,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, ehare, 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, shoring, tnanofar, sale or disclosure of Confidential
Information or violation ofany state orfederal laws related thereto. Upon request. the Grantee shall
provide COMMERCE with its policies and procedures onconfidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1D5A2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
Grantee shall make the changes within the time period specified by COMMERCE. Uponrequest,
any Confidential
the Grantee shall immediately return to COMMERCEp
Information that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure. g
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.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Grant 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 publicityto COMMERCE
effective from the moment of creation of such Materials.
E
"Materials" means all items in any format and includes, but is not limited to, data, reports,
books, magazines, surveys, pdocuments,
pamphlets, advertisements, ,
« g ys, studies, computer programs,._ films, tapes,
and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability
to transfer these rights. g Y
For Materials that are delivered under the Grant, but that incorporate pre-existingmaterials no
produced under the Grant, the Grantee herebyrants fi
g to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate reproduce,
p e,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual propertyrights, moral
rights and rights of publicity, necessaryto rant such a license
g to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of deliver of Material
furnished under this Grantee, of all known or potential invasions of Y s
p privacy contained therein and of any
portion of such document which was not produced in the performance of this Grant. The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received b the
Grantee with respect to any Materials delivered under this Grant. COM Y
COMMERCE shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
In the event that a dispute arises under this Agreement, it shall be determined b Dispute Board
Y a p in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointl appoint an additional p
Y PP member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make
a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board P ty
p shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention b the Governor as
provided by RCW 43.1 7.330, in which event the Governor's process will controlY '
.
6. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of an action brought hereunder
Y g e eunder shall be in the Superior
Court for Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
Page 8
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1D5A2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
10. 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 Grant.
1'I. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, 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.
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 Grantee.
12. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
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 Grantee.
The Grantee shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the Grant, 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.
13. 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 Grant and prior to normal completion, COMMERCE may suspend or
terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this Grant 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
Grant.
15. SUBGRANTING/SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant 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 Grant; (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 Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this grant. 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.
Page 9
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERALFUNDS
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims ordamages arising from o8ubgrantee'sperformance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Gran that '�theirsense and context are
intended to survive the completion of the performance, cancellation ortermination of this Grantee shall
so survive.
17. TERMINATION FOR CAUSE
|nthe event COMMERCE determines the Grantee has failed tocom����a�nd�����G��
inat�)�vmsmne�C��W1ERCEhas the hghttosuspend ortermi ' ^ this contract. Before suspending
orterminating the Grant, 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 Grant may be terminated or
suspended.
In the event oftermination orsuspension, the Grantee shall beliable fordamages as authorized by law
including, but not limited to, any cost difference between the originald Grant and the replacement or or
Grant nsnt and alladministrative costs directly related to the replacement contract, e.g, coatof the
competitive bidding, mei|ing, advertising oing ond staff m
COMMERCE reserves the right to suspend all or part of the Grant, 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 grant. 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 orher control, fault
or negligence.
The rights and remedies of COMMERCE provided inthis Grant are not exclusive and are inaddition to
any other rights and remedies provided by law.
Except as otherwise provided in this Grant, COMMERCE may, ��/10�in�d���n��
beginning on ' `
��~ mailing, ��n���in������r��
eoterminated, COMyWERCEah@Ube|iabkaonly for payment required under the terms ofthis Grant for
services rendered orgoods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, inaddition to any other '���in����
m��ui��G����|����MME�E property ^ epecKice||yproduced oracquired for
the performance of such part of this Grant 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 phoe, 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 comp|eted workandsarvioeo,/iii\otherpr0pe�yorsen/ioeeth@t@reacooptedby{�C}[NyNEE,endUv)iheproteCtion
and preservation of property, unless the termination is for default, in which case
` 'he Authorized
Representative ahG}) determine the extent of the liability of COMMERCE. Failure to agree with such
determination aho|| be a dispute within the meaning of the "Disputes" clause this contreot
COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized
'
Representative determines t� b� necessary 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.
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046001D5A2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant 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
subgrants/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
subgrants/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 Grant 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 maydirect, for the
protection and preservation of the property related to this Grant, which is in the pos - session of the
Grantee and in which the Authorized Representative has or may acquire an interest.
20. 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 Grant, 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 Grant, shall
pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this
Grant, or (ii) commencement of use of such property in the performance of this Grant, 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
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subgrantees/Subcontractors.
21. 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 Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
Page 11
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1 D5A2
ATTACHMENT A � SCOPE of WORK AND BUDGET Ver 6.8.21
Grantee: Grant County
Contract No. 21-62210-005
Section A_ Proaect Description / Deliverable
Grant County will make $123,080 in CDBG Public Services Grant funds available to the grant subrecipient community action program, Opportunities
Industrialization Center of Washington. These funds will result in new and increased CDBG eligible public services. The county will receive up to $3,500
for eligible general administration costs.
Total project costs are estimated at $126,580.
The services will assist approximately 6,300 persons and be targeted to limited clientele with low and moderate incomes (LMI) based on HUD LMI
criteria for the Adams and Grant county service areas. This grant will exclusively benefit residents of non -entitlement areas for eligible costs incurred
between July 1, 2021 and June 30, 2022.
Section B.: Project Activities, Milestones and Budget
CDBG
CDBudget
Budget
Project Activities
Performance
Amount
'lest®ne■
*Must complete e a ch buffeted project activity t®meet the corresponding
o res�®n (' n� milestone.
M■'MVones®de
21A General
$3,500
Execute grant contract with Commerce.
Admin.
■ Verify the subrecipient does not have an active exclusion record in the federal award system
(SAM.gov), include documentation in the CDBG file, and submit a copy to Commerce.
Before first
■ Establish a subrecipient agreement that includes the project budget and the quarterly beneficiary
payment request
reporting requirement. Submit a signed copy to Commerce.
■ Establish administrative, financial, reporting, and record keeping systems.
Payment requests:
■ Review community action program reimbursement requests against the project costs, project budget,
and contract start date.
Not more than
■ Document the county's CDBG general administration costs.
monthly or less
■ Once costs are approved, prepare and submit payment request Commerce.
than quarterly.
■ Document receipt of grant funds and reimbursement of eligible costs.
By Oct 31,
■ Submit CDBG Beneficiary Reports by the end of the month following each calendar quarter.
Jan 31, April 30,
July 31
■ Complete applicable civil rights requirements.
■ Conduct monitoring of the subrecipient to verify the grant is used according to CDBG requirements
Before final
and all costs reimbursed are allowable.
payment request
■ Resolve all monitoring issues.
Before
■ Grant activities are accomplished.
requesting final
■ Conduct a final public hearing to review project performance.
5% of CD►BG
■ Submit a grantee closeout performance report.
award
■ List the grantee's CDBG expenditures in the annual Schedule of Expenditures of Federal Awards and
arrange an audit with the State Auditor's Office to meet the Uniform Guidance (2 CFR Part 200).
Before audit
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-760460C1 D5A2
ATTACHMENT A— SCOPE OF WORK AND BUDGET
Grantee: Grant County
Contract No. 21-62210-005
Section Project Activities, Milestones and Budget continued
SDG
Du
Budget
budget
Project Activities
Performance
Code
,mount
y s w s ■ .
Must complete each bulleted project activity to meet the corresponding milestone.
■
Milestones
05 Public
$1231080
■ Deliver the direct services identified in the CDBG application through the local community action
Services
program.
Approximately
pp Y
■ Allocate and manage public services funds as established in the approved subrecipient agreement
5,670 LMI persons
and budget.
receive direct
■ Meet the CDBG national objective of principally benefiting low- and moderate -income persons.
services by
■ Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve
contract end date
HUD's objective of creating suitable living environments.
TOTAL: $126,560
DocuSign Envelope ID: B338FOE5-F4C9-4BA1-9861-76046OC1D5A2
5rA
89
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street S E * PO Box 42525 * Olympia, Washington 98.504-2525 a (360) 7254000
WWw. commerce. wa.gov
September 13, 2021
The Honorable Cindy Carter, Chair
Board of County Commissioners, Grant County
PO Box 37
Ephrata, WA 98823
Dear Commissioner Carter:
I am pleased to inform you that Grant County is awarded a $126,580 Community Development
Block Grant (CDBG) for public services provided by Opportunities Industrialization Center (OIC).
Funding is contingent on the state's receipt of its 2021 annual award from the U.S. Department of
Housing and Urban Development.
Prior to grant contract execution, this letter allows you to incur costs not to exceed tenpercent of
your award for eligible administrative and public services activities after July 1, 2021. Payment for
eligible costs will be provided on a reimbursement basis only by Commerce after the grant
contract is executed. All costs to be reimbursed must comply with applicable state and federal
requirements.
The county's 2021 CDBG Public Services Grant contract with Commerce will be emailed to you for
your signature in the near future.
Please contact Jeff Hinckle at (3 60) 605-2402 or j eff, hinckle @commerce -wa.gov if you have any
questions.
Sincerely,
Al
Mark K. Barkley
Assistant Director
cc via email: Janice Flynn, Administrative Services Coordinator
Steve Mitchell, CEO, OIC
Certificate Of Completion
Envelope Id: B338F0E5F4C94BA19861760460C1 D5A2
Subject: Grant County: 2021 CDBG Public Services Grant Contract #21-62210-005 for review & signature
Division:
Local Government
Program: cdbg
ContractNumber: 21-62210-005
Source Envelope:
Document Pages: 17 Signatures: 0
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -08:00) Pacific Time (US & Canada)
Rec®rd Tracking
Status: Original
10/8/2021 9:59:49 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
:Signer Events
Jon Galow
jon.galow@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature [Disclosure:
Not Offered via DocuSign
Janice Flynn
jflynn@grantcountywa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/12/2021 8:10:11 AM
ID: 2632e468 -805e -49f6 -a645 -077e 16848075
Cindy Carter
ccarter@grantcountywa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/16/2021 3:55:42 PM
ID: bad641b3-6eac-4dd0-831a-677ee1d799fa
Tina Hochwender
tina.hochwender@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tony Hanson
tony.hanson@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status: Sent
Envelope Originator:
Jeff Hinckle
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
jeff.hinckle@commerce.wa.gov
IP Address: 147.55.149.179
Holder: Jeff Hinckle Location: DocuSign
jeff.hinckle@commerce.wa.gov
Pool: Statel-ocal
Pool: Washington State Department of Commerce Location: DocuSign
Signature Timestamp
Completed Sent: 10/8/2021 10:02:28 AM
Viewed: 10/9/2021 12:54:30 PM
Using IP Address: 147.55.149.208 Signed: 10/9/2021 12:55:03 PM
Sent: 10/9/2021 12:55:06 PM
Viewed: 10/12/2021 8:10:11 AM
Signer Events Signature Timestam
p
Mark Barkley
mark.barkley@commerce.wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Signature
1'imestam p
Edit®fir Delivery Events
_ _
Status
Timestam
_ -:p
Agent Delivery Events
Status
Tirnesfiam p
n ermediary Delivery Events
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mestam p
.verified relive:ry Even s . .� � �. �
status
Timestam_ .
Carbon Copy Events
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Signature
Ti most p
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nvelepe .,Su' events
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Hashed/Encrypted
10/8/2021 10:02:28 AM
Payment Events
StatusT�
•
mesfiamp5
Electronic. Record and Signature' Disclosure
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Janice Flynn, Cindy Carter
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
p Y
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through h the
DocuSign system. Please read the information below carefully and thoroughly, and ifY ou can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to
`I agree to use electronic records and signatures' before clicking 'CONTINUE' within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and ifY ou
elect to create a DocuSign account, you may access the documents for a limitedp eriod of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per -page Y g
f fee. You may request delivery osuch paper copies from us b following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format; it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you inpap er format
and then wait until we receive back from you your acknowledgment of your receipt of such
p
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with therocedures described herein, , we well provide
electronically to you through the DocuSign system all required notices disclosures,
osures,
authorizations, acknowledgements, and other documents that are required to b
q e provided or made
available to you during the course of our relationshipwith . To reduce the
you. chance of you
inadvertently not receiving any notice or disclosure, we refer to provide all of '
. p p the required
notices and disclosures to you by the same method and to the same address thatou
y have given
us. Thus, you can receive all the disclosures and notices electronicallyin a
or paper format through
the paper mail delivery system. If you do not agree with this process, leas
. p , please let us know as
described below. Please also see the paragraph immediate) above that describes
. Y bes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
]Flow to contact Washington State ]Department of Commerce:
You may contact us to let us know of your changes as to how we may contact '
• y you electronically,
to request paper copies of certain information from us, and to withdrawour prior consent Y p to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce ofour new email address
ddress
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov g gn@ merce.wa.g®v and
in the body of such request you must state: your previous email address your
a , y u new email
address. We do not require any other information from you to chane our e
Y g y mail address.
If you created a DocuSign account, you may update it withour new email address ddress through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosuresrevi
p ously provided
by us to you electronically, you must send us an email to docusi n comm
g @ erce.wa.gov and in
the body of such request you must state your email address full name mailing address, and
telephone number. We will bill you for any fees at that time', if any.
y
To withdraw your consent with Washington State Department of Commerce
e
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sip a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send -as an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: htti)s://sup-poi-t.docus.igii..com/,auides/sign uide-
sjgning-s-vstem-reguirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm thatyou have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further '
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein., then select the check -box next to 'I agree to use electronic records and signatures' before
clicking 'CONTINUEwithin the DocuSign system.
By selecting the check -box next to 'I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.