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HomeMy WebLinkAboutR-2022-163 Resolution authorizing a grant with the Department of Commerce to provide funding to private and public utilities to help address residential customer arrearages as a result of the COVID pandemicRESOLUTION NO. R-2022-163 A RESOLUTION authorizing a Grant Agreement with the Washington State Department of Commerce for the Federally funded Residential Utility Arrearages assistance program. WHEREAS, in 2022, the Washington State Department of Commerce Energy Division opened a grant funding opportunity in the amount of $100,000,000.00 awarded by the United States Department of Treasury; and WHEREAS, the purpose of the grant is to provide funding for public and private utilities to address residential customer arrearages compounded by the COVID pandemic and the related downturn that were accrued between March 1, 2020 and December 31, 2021; and WHEREAS, the City of Yakima Utility Services Division did apply and has been qualified to receive a grant in an amount not to exceed $450,927.95; and WHEREAS, it is required for the City and the Department of Commerce to enter into an agreement outlining the conditions, requirement and terms for allocating the funding; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to enter into Grant Agreement 22-56104-035 with the Washington State Department of Commerce, to fund the Utility Residential Customer Arrearages proviso; is authorized to accept the grant to be applied as outlined in the contract. ADOPTED BY THE CITY COUNCIL this 6th day of December, 2022. Th ATTEST: / / Janice Deccio, Mayor Sonya Claar Tee, City Clerj LJUI,UOIW I CI I VCIUpeILl. 1 CUIVIC-.+41- -4+1DUC:1-17U LJO-LY-tri-Ve.1 0.4,1•ULIF 41110 Washington State Department of Federal General Grant with For City of Yakima through Grant Number: 22-56104-035 Utility Residential Customer Arrearages Dated: Tuesday, November 1, 2022 uul.uolyel Ge lvClup eu. /I.Vr CULC-44r-40.7®-OyuO-o'frfluoz+uvr Mott to t,f1 State II Deb note it dal. COM eree Table of Contents TABLE OF CONTENTS- .». ,................». ......... ........a .......... ..»...............,...o. ,......,_2 FACE SHEET. .4 SPECIAL TERMS AND CONDITIONS 5 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING .................... ...... 2. GRANT MANAGEMENT .................. 3. COMPENSATION 4. BILLING PROCEDURES AND PAYMENT............................. 5. SUBGRANTEE/SUBCONTRACTOR DATA COLLECTION______________ 6. FRAUD AND OTHER LOSS REPORTING ............ ......... 7. ORDER OF PRECEDENCE .... ........... ......... ........e GENERAL TERMS AND CONDITIONS 7 1. DEFINITIONS 2. ACCESS TO DATA ................ ......... ......... 3. ADVANCE PAYMENTS PROHIBITED 4. ALL WRITINGS CONTAINED HEREIN ........................„ 5. AMENDMENTS ..... ......... 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 .....................,....... 7. ASSIGNMENT 8. ATTORNEYS' FEES... .. 9. AUDIT .....,.. 10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION - PRIMARY AND LOWER TIER COVERED TRANSACTIONS ................................ .......„ 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION............... 12. CONFLICT OF 13. COPYRIGHT PROVISIONS ................................ . 14. DISPUTES ................... 15. DUPLICATE PAYMENT......;: 16. GOVERNING LAW AND VENUE. 17. INDEMNIFICATION 18. INDEPENDENT CAPACITY OF THE GRANTEE.........., 19. INDIRECT COSTS 20. INDUSTRIAL INSURANCE COVERAGE..... 21. 22. LICENSING, ACCREDITATION AND REGISTRATION .............: 23. LIMITATION OF AUTHORITY .......... ......... ........ 24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS. 25. PAY EQUITY .................................................. 26. POLITICAL ACTIVITIES 27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS.. 28. PUBLICITY. 29. RECAPTURE________ ..7 7 8 8 8 .8 8 12 2 .112 12 .12 12 Page 2 of 23 ""^"oly"=,="p"'". '"4°""' -?A,�Ne�����[ . �onlrylerce� 30. RECORDS MAINTENANCE ................... 31. REGISTRATION WITH DEPARTMENT OFREVENUE 52. RIGHT Dp|NSPE[O8N~~~......... ....... _..--.~.__.-_._~_-.~.~_^__. ~_. ._-^...~=^",~~._~_-~_~_~^.1S ]]. SAVINGS ,__~..._*_____^.__.m~______^~._.___.^w__~.__°~___�,,......... ^_15 34. SEVERA8|LITY............ ........................................................ ..... .~^__~_~.__,-...... ._.~..-^,_~~... 15 35. SITE SECURITY ................. 36i 5UB6RAWTNG 15 37. SURVIVAL ~^~.......... ...... _~____................... ---- __I6 ]O. TAXES ................... _-......... ...... .~..°........... --- °°~__r16 59. TERMINATION FOR CAU5E~ ^ _-16 40. TERMINATION FOR ODNVEW|ENCE._... ......... ...... ,....... ,,~~.... .... ......... --- .......... _,....... .,16 41. TERMINATION PROCEDURES .... '........ ~~___ ~~~_~.-~^,,~~_._-_._°-_. .^_."26 42. TREATMENT OFASSETS _�____~�_�.___......... ��_______~_~�_~_,___._-._~.__-_=e_�__17 /N0ACH&8ENT A: SCOPE OF WORK 19 ATTACHK8ENTB: BUDGET 23 Page aofoa LJULAJOlyll IIIVCIL/IJC IL/. / laUr LW-JIG-M.4r I -'410VID-OVLIO-174.1-/-14 04.-frl/1-/F ifr Washing:on Ste0e Deptignte,t 41 1. Grantee City of Yakima 129 N 2nd St Yakima, WA 98901-2937 3. Grantee Representative James A Dean Utility Customer Services Manager 509-576-6615 james.dean@yakimawa.gov Face Sheet Grant Number: 22-56104-035 Energy Division Utility Residential Customer Arrearages 2. Grantee Doing Business As (as applicable) <Insert DBA name> <Insert DBA mailing address> <Insert DBA physical address> <Insert DBA location> 4. COMMERCE Representative Anneka McDonald 360-764-6103 Anneka.mcdonald©commerce.wa.gov Subrecipient 0Contractor PO Box 42525 1011 Plum St. SE Olympia, WA 98504 5. Grant Amount $450,927.95 9. Federal Funds (as applicable) $450,927.95 10. Tax ID # N/A 6. Funding Source Federal: I State: El Other: N/A: 1=1 7. Start Date 11/1/2022 8. End Date 6/30/2023 Federal Agency: US Department of the Treasury 11. SWV # SWV0007122-02 12. UBI # 397-005-272 ALN 21.027 Indirect Rate N/A 13. UEI # FJNNX1XFJ9K3 14. Grant Purpose The purpose of this contract is to provide funding for public and private water, sewer, garbage, electric, and natural gas utilities to address low-income customer arrearages compounded by the COVID-19 20 pandemic and the related economic downturn that were accrued between March 1, 2020, and December 31, 2021. 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. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grantee Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" — Budget FOR GRANTEE 10Noctappood Dr: c Robert Harrison, City Manager 12/2/2022 I 8:43 AM PST Date CITY CONTRACT NO O2elar---6r0104 I RESOLUTION NO' FOR COMMERCE CbgaitSionod by Attdula rwAk, Michael Furze, Assistant Director, Energy Division 12/2/2022 I 3:37 PM PST Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 4 of 23 ""^"°e'F-"'"V1"v"'`^ ''-^="LJ~0°"°~"°'"^'0^°""' ��.Deparin,101T of Special Terms and Condition 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: Not Provided Federal Award Identification Number (FA|N): SLFRPDO82 Total amount ofthe federal award: $100.000.000.00 Awarding official: US Department of Treasury The Grantee agrees that any publications (whben, visual, or sound) but excluding press noleomea, nexveatteno, and issue analyses, issued by the Grantee describing programs orprojects funded in vvho|o or in part with federal funds under this Gnont, shall contain the following statements: "This project mmsmupportadbyGnantNo. SLFRF2O22awarded byUGDepartment ofthe Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds any administered by the Energy Oivision, Washington State Department ofCommonoo.^ 2' .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 ofthis Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 3. COMPENSATION' COMMERCE shall pay an amount not to exceed $450.927.95 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation for services rendered shall be based on the following rates or in accordance with the following terms: 4` BULLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE via the Commerce Grants Management System. If required, the attachments bmthe invoice request in the Commerce Grants Management System 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 Grant Number 22-58104'035. If expenses are invoiomd, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if nnoda by COMMERCE within thirty (30) ms|mndmr days after receipt mfproperly completed invoices. Payment shall be sent tothe address designated by the Grantee. COMMERCE may, inits sole discretion, terminate the Grant orwithhold payments claimed bythe Grantee for eyrvimoo rendered if the Grantee fails to satisfactorily oomph with any honn or condition of this Grant. Page sofza ""^""ly"=",=~p='"°'^"'�""=�^''��"=~�"""~�°'"^'°�°"", "IN Dt84��� ��1 ��� m�1VIVV� No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall bmmade byCOMMERCE. Invoices and End ofFiscal Year Invoices are due onthe 2Othcfthe month following the provision of Final invoices for state fiscal year may be due sooner than the 20th and Commerce will provide notification cfthe end offiscal year due date. The Grantee must invoice for all expenses from the beginning of the Grant through June 30, regardless of the Grant start and end date. Dunlication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions ordisallowed costs incurred by its own organization or that of its subgrantees/subcontractors. In the event that funding provided under this grant isused for any other reason than the purpose stated in Section 14 of the Face Sheet, the Grantee must repay all grant funds that were not expended for that purpose (i.e. to address low-income customer arrearages), plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the program funded. Repayment shall be pursuant to Section 29 (Recapture) of the General Terms and Conditions, 5.COLLECTION � Grantee will submit nypodo, in m form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subgrantees/subcontractors and the portion ofGrant funds expended for work performed by subgrantees/subcontractors, including but not necessarily limited to minority-om/nmd, vvomon-owned, and veteran -owned business subgrantees/subcontractors. "Subgrantees/subcontractors" shall mean subgrantees of any tier. 6. FRAUD AND OTHER LOS����0��N�� Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified onthe Face Sheet. 7' ORDER ��F PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence inthe following order: • Applicable federal and state ofWashington statutes and regulations • Special Terms and Conditions • General Terms and Conditions w AttaohmmntA—ScopeofVVork • AttachmentB—BudQet Page aofaa ""^""e"L_A',"IVp"'`^'^"'=°"=�"''�=""~=""�=°'"^'"^°""' 04"nvurleo of GeneraUTerms and Conditions 1^ DEFINITIONS 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 to act on the Director's behalf. B. "COMMERCE" or "Department" shall mean the Washington Department of Commerce. C. "Grant" or "Agreement" or "Contract" means the andnu written agreement between COMMERCE and the Gnsntmc, including any Exhibhs, documenta, or materials incorporated bvreference. E-mail orFacsimile transmission ofasigned copy ofthis Grant shall be the same asdelivery ofonoriginal. D. "Grantee" oho|| mean the entity identified onthe face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Modified Total Direct Costs" (MTOC)shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and uphothe first $35.OUOofeach suboward (n»gm,d|aso of the period of performance of the subawandn under the award). yNTDC excludes equipment, capital oxpmnditures, charges for patient care, rental noots, tuition nmmionion, scholarships and No||ovvships, participant support costs and the portion ofeach subovvmndinexcess of$25.00U. F. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a pmrson'o namm, heaKh, finanoes, odunoUmn, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers. other identifying numbers, and any financial identifiers. G. "State" shall mean the state of Washington. H. "Subaward" shall mean an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass -through entity. It does not include payments to a contractor or payments to on individual that is o beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including anagreement that the pass -through entity considers acontract. L ^8ubreopient" ohoU mean a non -Federal entity that receives meubmvvmndfrom mpooa- bhnmugh entity to carry out part of Federal program; but does not include on individual that is a beneficiary of such program. Aaubnacipientmay also be mrecipient of other Federal awards directly from a Federal awarding agency. J. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is performing all urpart ofthose services under this Grant under oseparate Grant with the Grantee. The terms ^oub0nontee^and ''subcontnyobor"means any tier. 2' ACCESS T��D��T�� �� In compliance with RCVV 30.26.180. the Grantee ohm|| provide aoomeo to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings. Page nofaa ""^"=u"""'°"=v"'`^ '^"'=""�--�^''-°0=0~0"""~0°'"^'0^°""' noncluoionn, and recommendations of the Grantee's rmpodm, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance oforin anticipation of goods orservices bz be provided under this Grant shall bamade byCOMMERCE. 4' ALL WRITINGS CONTAINED HEREIN _ This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5' AMENDMENTS This <3nmnt 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. 6' 19.90, PUBLIC LAW also referred to as the_'x�DA" 28 ��F��P3 The Grantee must comply with theADA. which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public acoommodabona, state and local government services, and telecommunications. 7' ASSIGNMENT Neither this Gnynt, nor any claim arising under this Grant. shall be transferred or assigned by the Grantee without prior written consent ofCOMMERCE. 8' ATTORNEYS' FEES Unless expressly permitted under another provision of the Gnant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs. 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 ofeach audit, the Grantee shall: A. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200. reports required by the program -specific audit guide (if opp|ioab|e), and o copy of any management letters issued bythe 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 tothe Federal (Audit Clearinghouse. 10' CERTIFICATION REGARDING DEBARMENT, SUSPENSION {0RINELIGIBILITY AND VOLUNTARY EX��WS��N-PR|M��RY��U�U�������U�l[UEK���K���EK��K�l[U���y�|�����l[U��.�� �' A. Granbam, defined as the primary participant and it phncipaks, certifies by signing Uhmeo General Terms and Conditions that to the best of its knowledge and belief they: Page oofaa LJ"^ °y"='',r1"pU'".'^"'=""=�^''-°="=~" i. Are not presently debarrod, nuspended, proposed for debarment, and declared ino|igib|m, or vm|unbohky excluded from covered transactions by any Federal department oragency. 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 o criminal offense in connection with obtoininQ, attempting to obtain, or performing a public or private agreement or tnanaoodon, violation of Federal or State antitrust statutes or commission of embeoz|ament, theft, hargery, bribery, falsification or destruction of nmconda, making false otatmnnants, tax evasion/ receiving stolen pnoperty, making false o|aims, or obstruction of justice; !|h' Are not presently indicted for or otherwise criminally or civilly charged by o governmental entity (Federal, State, or local) with commission of any of the offenses enumerated inparagraph (1)(b)offederal Executive Order 1254Q;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 anexplanation bothis 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 debarnmd, suspended, dan|anad ine|iQib|n, or voluntarily excluded from participation in this covered tnansaoUon, un|oeo 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 Tnaneoodon.^ as foUovvs, without modifioadon, in all lower her covered transactions and inall solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i The lower tier Grantee certifies, bysigning this Grant that neither itnor its principals ie presently debmrresd, sumpended, proposed for debarment, declared ine|iQib|e, 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 obobammnts in this Grant, such Grantee shall attach anexplanation bmthis Grant. E. The terms covered tnmmmmotiom, debanmmd, suspended, ineligible, Umwnmr tier covered tmmnsactiom, pemmmm, primary covered transaction, primcipaU, 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 inobtaining ocopy ofthese regulations. 11' CDENTUALUTY/SAFEGUARDUNG OF INFORMATION A. "Confidential Information" msused inthis section includes: L All material provided to the Grantee by COMMERCE that is designated as ^confidenda|^bvCOMMERCE; ii' All material produced by the Grantee that is designated as "confidential" by COMMERCE; and Page eofaa � iii' All Personal Information in the possession of the Grantee that may not be disclosed under state or federal law. B. The Grantee shall comply with all state and federal laws related tothe use, sharing, transfer, maka, or disclosure of Confidential Information. The Grantee shall use Confidential Information oo|a|y for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential |nh»nnadon issafeguarded to prevent unauthorized use, shahng, transfer, sale ordisclosure ofConfidential Information orviolation ofany state orfederal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Gnsnbaa shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Oimo|oouno. 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. 12' COy�FLU��To��U�Jl[E��E��T � � Notwithstanding any determination by the Executive Ethics Board orother tribunal, COMMERCE may, in its sole disoredon, by written notice to the Grantee terminate this Grant if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the Grantee in the procurement of, orperformance under this Grant. Specific restrictions apply to Granting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subgrontmo(m) must identify any person employed in any capacity by the state of Washington that worked with the COMMERCE pnmQnmm executing this Gnsnt, including but not limited to formulating or drafting the |agio|aUon, participating in procurement planning and execution, awarding Gnente, and monitoring Grant, during the 24-month period preceding the start date of this Grant. Identify the individual by name, the agency previously orcurrently employed by, jobtiUo or position he|d, and separation date. |fitiadetermined by COMMERCE that o conflict of interest exists, the Grantee may be disqualified from further consideration for the award ofaGrant. In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the same nsmodimm against the Grantee as it could pursue in the event of breach of the Grant by the (Snanbao. The rights and remedies of COMMERCE provided for in this dmuom ehoU not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall he an issue and may be nmxievvmd as provided in the "Disputes" o|auao of this Grant. 13' COP����U��PROVISIPROVISIONS Unless otherwise providad, all yNatoha|e produced under this Grant shall be considered "works for hine' as defined by the U.G. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author ofsuch Materials. In the event the K8mhmho|o are not considered "works for hire" under the U.S.Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all yNabmho|s, including all intellectual property riQhts, moral hghbs, and rights of publicity to COMMERCE effective from the moment ofcreation ofsuch Materials. Page 10 ofoa ""^"oly"=","lup"'`^ �J In mof I State Depwimeo of colmilerce ^K8otehe|s^ means all itmrno in any format and ino|udes, but is not limited to, data, nopods, dooumcnhs, pamph|mts, adverUoaments, booko, magazines, sumeys, studies, computer programs, fi|ms, bopas, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Gnont, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nmnmxo|usivc, royalty -free, irrevocable license (with rights to sublicense to others) in such yNaberim|o to tnans|atm, nnpnoduoe, distribubs, pmopmnm derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights ofpublicity, necessary togrant such a license to COMMERCE. The Gnmnhyc shall exert all naosonob|m effort to advise CO&1N1EFlCE, at the time of delivery of &1ahyrio|s furnished under this CSnant, of all known or pmbynUa| invasions of 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 by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 14. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct no0otiadon, either party may request dispute hearing with the Director of COMMERCE, who may designate aneutral person hodecide the dispute. The request for odispute hearing must: m be in writing; m state the disputed issues; m state the relative positions ofthe parties; m state the Grantee's name, address, and Grant number; and w be mailed to the Director and the other party's (respondent's) Grant Representative within three (3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the raqumsborwithin five (5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision mho|| not be admissible in any succeeding judicial orquasi-judicial proceeding. The parties agree that this dispute pnoomaa mho|| precede any motion in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 15' DUPLICATE PAYMENT COMMERCE ohmU not pay the Grantee, if the (3nontea has charged or will charge the State of Washington or any other party under any other Grant or ognyemont, for the same eamiomo or expenses. 16' GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. Page 11 of 23 ""^"om"=","luv"'`^'^"'=""=�^''-^=""~�"""~"°'°^'""°""' 17' INDEMNIFICATION Tothe fullest extent permitted bvlaw, Grantee shall indemnify, defend, and hold harmless the state of Washington, COyWyNERCE, agencies of the state and all officia|s, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the Grant. "Claim" an used in this 0nant, means any financial |oso, daim, suit, actimn, damage, or axpmnme, including but not limited to aUonney'shoas. attributable for bodily injury, siohness, dismose, ordeath, orinjury hoorthedestmodonofhongib|epnopertyino|udinQ|osoofusanesu|dnQthanafrum. Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, emp|oyaes, rapnosentatives, or any subgnonhye orits employees. Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, and hold harmless the State shall not baeliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. Grantee waives its immunity under Title 61 RCVV. Industrial |nnuranoo, to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 10' .INDEPENDENT CAPACITY ^o0F THE -GRANTEE The parties intend that an independent Grantee relationship will be created by this Grant. The Grantee and its employees or agents performing under this Grant are not employees or agents of the state of Washington or COMMERCE. The Grantee will not hold itself out es or claim to be an officer or employee ofCOMMERCE orof the state mfWashington byreason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control ofthe work will basolely with the Grantee. 19' INDIRECT COSTS _ Grantee shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such naby exists a de minimis indirect cost rate of 1096 of modified total direct costs (yNTOC)vxi|| be used. 20' UN��UST��U�KL UN��U����N��E COVERAGE Grantee shall comply with all applicable provisions of Title 51 RCVV. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by |aw. COMMERCE may collect from Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to (3nontae by COMMERCE under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&|) Division of Insurance Services. This provision does not waive any of L&|'e rights to collect from the Grantee. 21' LAWS Grantee oho|| comply with all applicable |awm, ondinmncao, codes. regulations and policies oflocal, otmte, and federal gmvornmento, as now orhereafter amended. 22' LICENSING, ACCREDITATION AND REGISTRATION. Grantee shall comply with all applicable |ooa|, otabo, and federal |iceneing, accreditation and registration requirements or standards necessary for the performance of this Grant. 23' LU0MUT��TK��� OF AUTHORITY � Only the Authorized Representative or the Authorized Representative's delegate by xvhUng (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, Page`2 of 23 ""^ "lyl'""'"r1"p"'".'^"'LZW"=-�^''-^="=~"""°0-t,"^'"^°""' Npa-,"ment of amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made inwriting and signed bvtheAuthorizadRapreoanbsUve. 24' NONCOMPLIANCE WITH N��N��US����U�NU�A�U��N LAWS '�� During the performance of this Grant, the Grantee shall comply with all fedany|, sbaby. and local nondiscrimination |owe, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination |ow, regulation or policy, this Grant may be nascinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with COMMERCE. The Grantee sha||, hoxvever, be given a reasonable time in which to ouno this noncompliance. Any dispute may be resolved in accordance with the ''Oisputes^ procedure set forth herein. The funds provided under this Grant may not be used to fund religious worship, axercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction inorder tohave access tothe facilities funded bythis Grant. 25' PAY EQUITY The Grantee agrees to ensure that "similarly employed" individuals inits workforce are compensated mnequals, consistent with the following: A. Employees are "similarly employed" if the individuals work for the same emp|oyer, the performance mfthe job requires comparable ski||, efort, and nysponsibi|ib/, and the jobs are performed under similar working conditions. Job ddas alone are not determinative of whether employees are similarly employed; B. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: L Aseniority system; a merit system; n system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. ii. Abona fide factor or factors may include, but not be limited to, education, baining, or experience that is: Consistent with business n not based on or derived from a gender -based differential; and accounts for the entire differential. iiiii' /\ bona fide regional diffanonna in compensation level must be: Consistent with business necessity; not based on or derived from o gender -based differential; and account for the entire differential. This Grant may be terminated by the Department, if the Department or the Department of Enterprise Services determines that the Grantee is not in compliance with this provision. 26' POLITICAL ACTIVITIES Political activity of Grantee's employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 27' _PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS All Grantees must establish procurement policies and procedures in accordance with 2 CFR Part 200. for all purchases funded bythis Grant. The Grantee's procurement system should include otleast the following: Page zaofaa "UL°"e"=""w"pt-'". A. Acode orstandard cfconduct that shall govern the performance agents engaged inthe awarding ofGrants using federal funds. B. Procedures that ensure all procurement transactions shall be provide, bothe maximum extent practical, open and free cnmpati C. Minimum procedural noquinemonte, as follows: i. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. fl' Solicitations shall be booed upon o clear and accurate description of the technical requirements ofthe procured items. iiii' Positive efforts shall bemade house small and minority -owned businesses. iv' The type of procuring instrument (fixed prioe, cost reimbursement) shall be determined by the Grantae, but must be appropriate for the particular procurement and for promoting the best interest mfthe program involved. v' Grants shall be made only with reasonable subgnantecsvvho possess the potential ability to perform ouonoosfbUy under the terms and conditions of the proposed procurement. ni' Some form of price orcost analysis should be performed in connection with every procurement action. vii' Procurement records and files for purchases shall include all of the following: 1) Grantee selection or rejection. 2)The basis for the cost orprice. 3) Justification for lack ofcompetitive bids ifoffers are not obtained. vii|i' A system for Grant administration to onouno Grantee conformance with terma, conditions and specifications of this Grant, and boensure adequate and timely follow- up ofa||punchm000. D. Grantee and Subgrantee must receive prior approval from COMMERCE for using funds from this Grant to enter into o sole source Grant or o Grant xvhenm only one bid or proposal in received when value ofthis Grant iaexpected tmexceed $5.00O. Prior approval requests shall include a copy of proposed Grants and any mm|obed procurement documents and justification for non-competitive procurement, if applicable. 28' ^PUBLU��Y The {Snonhwa a0noeo not to publish oruse any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent ofCOMMERCE. 29' RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state |oxva. federal |awm, 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 Grant. ofits officers, employees, or conducted in a manner to don. 30' ����A����N��NK�E � The Grantee ohd| maintain booho, rmomrdo, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures Page 14 ofoa ""^U'alyl 1--liv"nup='". De xr�foun� of and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended inthe performance ofthis Grant. The Grantee shall retain such records for a period of six years following the date of final payment. At no additional oost, these nmconds, including materials generated under the Gnsnt, shall be subject at all reasonable times bo inspection, review oraudit by COyNK8ERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by |mvv. regulation oragreement. If any |id8mdon, claim or audit is started before the expiration of the six (G) year pariod, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 31. `REGISTRATION WITH DEPARTMENT_OF REVENUE_ If required by |oxv the Grantee shall complete registration with the Washington State Department of Revenue. 32. RIGHTo��U�S������o��� � The Grantee shall provide right ofaccess hoits facilities toCOMMERCE, orany ofits officers, orho any other authorized agent or official of the state of Washington or the federal govemmmnt, at all reasonable dmoe, in order to monitor and avm|uobo porfonmonoe, oomp|ionoe, and/or quality assurance under this Grant. 23' 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 terminate the Grant under the "Termination for Convenience" c|ouoe, without the ban business day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 34. 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. 35. SITE SECURITY While on COMMERCE premises, Grantee, its agents, employees, or subgrantees shall conform in all respects with physical, fire mrother security policies orregulations. 36' SUBGRANTNNG The Grantee may only mub0nentxvork contemplated under this Grant if it obtains the prior written approval ofCOMMERCE. If COMMERCE approves eubgrandng. the Grantee mhm|| maintain written procedures related to oubgnandng, as well as copies of all oubgnonto and paomnds related to oubgnontn. For nauea. COMMERCE in writing may: (e) require the Grantee to amend its mubgrandng procedures as they my|atc to this Grant; (b) prohibit the Grantee from aubgranting with o particular person or entity; or require the Grantee borescind oramend moubQranL Every subgnmntshall bind the Subgnmnteetofollow all applicable terms of this Grant. The Grantee io 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 8ubgnantee to ooeunm fiscal conditions of this Grant. In no event shall the existence of subgnont operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Page 15 of 23 oniminve Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for claims mrdamages arising from aGubmnantee'operformance ofthe subgnanL 37' SURVIVAL The terms, oonditione, and warranties contained in this Grant that bvtheir sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 38. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 39' TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to onrnp|y with the conditions of this <Snynt in a timely mannor. COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE nho|| 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 orsuspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law ino|uding, but not limited to, any cost difference between the original Grant and the replacement orcover Grant and all administrative costs directly ny|ahyd to the replacement Grant, e.g., cost ofthe omrnpeUdve bidding, mmi|ing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further paymentn, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee orodecision 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 or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition toany other rights and nmmediem, provided by law. 40. TERMINATION FOR CONVENIENCE �� Except as otherwise provided in this (]nent. COMMERCE may, by ban (10) business days written nodno, beginning on the second day after the moi|ing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered orgoods delivered prior tothe effective date mftermination. 41' TERMINATION PROCEDURES Upon termination of this Grant, CO&1K8ERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment ofAssets" clause shall apply insuch property transfer. COMMERCE shall pay hothe Grantee the agreed upon price, ifseparately stated, for completed work and oen/ioeo accepted by COMMERCE. and the amount ognmmd upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially nmnnp|etmd work and services, (iii) other property orservices that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure toagree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. mgez6 of 23 ""^""1Y"F-1',="p"'`^'^"'="°=�^"-^�"�~""""~"°'°^'"^°""' COMMERCE may withhold from any amounts duo the Grantee such mum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section mhm|| not be exclusive and are in addition toany other rights and remedies provided bylaw orunder this Grant. After receipt of a notice of tcrnninaUon, 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 nofurther orders oreubgrartsfor materials, services, orfacilities except aemay be necessary for completion of such portion of the work under the Grant that is not terminated; C. Assign to COM&4ERCE, in the manner, at the Umes, and to the extent directed by the Authorized Repreocntadve, all of the rights, UUe, and interest of the Grantee under the orders and oubgnonts so hunninehed, in which case COMMERCE has the hght, at its dioonation, to settle or pay any or all claims arising out mfthe termination of such orders ondsubgnants; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants, 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 ofthis clause; E. Transfer title to COMMERCE and deliver in the manner, at the bmms, and to the extent directed by the Authorized Representative any property which, if the CSnsnt had been completed, would have been required to be furnished to COMMERCE; F, Complete performance ofsuch part ofthe work asshall not have been terminated bythe Authorized Representative; and G. Take such action asmay bmnecessary, oraothe Authorized Representative may direct, for the protection and preservation of the property related to this Gnmrd, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 42. TREATIVIE.NT. O.F.ASSETS Title to all property furnished byCOMMERCE shall remain in COMMERCE. Title hoall property furnished by the Gnmntea, for the cost of which the Grantee is mndUad to be reimbursed as o 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 proparty, the coat of which is reimbursable to the Grantee under this C9nmnt, 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 xxho|a or in part, whichever first occurs. A. Any property ofCOMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall bmresponsible for any loss ordamage to property of COMMERCE that results from the negligence of the Grantee or which rmouho from the failure on the pert of the (3ranbom 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 Page 17 of 23 1-IIJI,UOly1 I CI I V elL11.1e ILJ. I ILaUr CUL/G...1.4r / -VIDUID-OUL,0-CY-11-PAL1 0.4.+ULJF yi ("()litn)(qx*e damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. E. All reference to the Grantee under this clause shall also include Grantee's employees, agents or subgrantees/subcontractors. 43. 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 18 of 23 ""^""e"L"',t:;1"p"'"-'^"'=""=--+^''-4D"0~0,J""'=°'"^'"4°""' u� "MeW Of (f) (g ) Attachment——Scope.of --'_ Section 128(1QQ).2O22Supplemental Operating Budget proviso states: $1OO.00O.ODOofthe coronevinuastate fiscal recovery fund federal appropriation ksprovided solely for grants for public and private water, sewer, garbage, electric, and natural gas utilities to address low- income customer arrearages compounded by the COVID-1 9 20 pandernic and the related economic downturn that were accrued between March 1, 2020, and December 31, 2021. (a) ByMay J7.3022.each utility that wishes toparticipate, must opt -into the grant program by providing the department the following information: i Current arrearage balances for residential customers as of March 31, 2022; and ii. /vmi|ob|a information on aneanyge bm|mnmys oflow-income oustpmors. including customers who received assistance from the low-income home energy assistance program, low-income water assistance program, or ratepayer -funded assistance programs between April 1.2O2O.and March 31.2O23.msofMarch 31.2O22.|fautility does not have access to information regarding customer participation in these programs, the department must distribute funding to the community action program serving the same service area asthe utility instead ofthe utility. (b) |ndetermining the amount offunding each utility may receive, the department must consider: i. Each participating utility's proportion of the aggregate amount of arrearages among all participating utilities; ii Utility service areas that are situated in locations experiencing disproportionate environmental health disparities; iii. American community survey poverty data; and iv. Whether the utility has leveraged other fund sources to reduce customer arrearages. (c) The department may retain up to one percent of the funding provided in this subsection to administer the program. (d) Each utility shall disburse funds directly to customer accounts by December 31, 2022. Funding shall only be distributed to customers that have participated in the low-income home energy assistance program, low-income water assistance program, or ratepayer -funded assistance programs. (e) Utilities may, but are not required to, work with other utilities oruse community action agencies to administer these funds following the eligibility criteria for the low-income home energy assistance program and the low income household water assistance program. By March 1, 2023, each utility who opted into the grant program must report to the department, utilities and transportation commission, and state auditor on how the funds were utilized and how many customers were supported. Utilities may account for and recover in rates administrative costs associated with the disbursement offunds provided inthis subsection. Page 19 ofaa ""^""e"F_"'"t:;1"p"'`^ �Nw.washingxmouLe Tasks and Deliverables Task 1:Fmnd|ng Priorities Recipients will baasked borespond inthe Gmnartshmmtlink provided byCommerce. 1. How is your utility planning to prioritize funds to support qualifying customers in need? Please choose all that apply. • Customers who have received Low -Income Home Energy Assistance (LIHEAP) assistance and/or Low+|noomeHousehold Water Assistance (L|HVVAP) • Income level • Longest held balances • Largest balances • Renter -held accounts • All customers with qualifying debt • Other 3. Please rank prioritization in the order of which customers will receive funding first: Rank inthe order of1=the highest priority, G=the lowest priority and U=does not apply. � Customers who have received Low -Income Home Energy Assistance (L|HEAP) assistance and/or Low-income Household Water Assistance (L|HVVAP).° � Income level* = Longest held balances* ° Largest balances ° Renter -held accounts � All customers with qualifying debt 3. Based onyour answer bothe previous question, doyou plan to: • Apply funding boall prioritized customers equally? o Yes o No • Eliminate debt of prioritized customer class before moving to the next priority group? o Yes o No = Apply some other criteria or strategy? Task 2: Impacted and Disproportional ityUmmpmctmd Reporting Grantee must ensure that funding is only distributed to customers that have participated in the low- income home energy assistance program, low-income water assistance program, or ratepayer -funded assistance programs. As used within this Contract, "low-income customers" are customers who fall within the Impacted/Disproportionately Impacted table listed below. In this task Grantee will review the current State and Local Recovery Funds (SLRF) guidance for reporting and responsibilities. Review the reporting guidelines within this link: UtiUity-MoratoriumL mStabeDepprtm|smnt ofCommerce 1. Grantees will be asked to respond in the Smartsheet link provided by Commerce. Page 20ofaa ,"^°ly"=,="'".�.'°",=�"=��,'_^�"�`, a. What Impacted and/or Disproportionally Impacted population does this project primarily b. |fthis project primarily serves more than one Impacted and/or Disproportionately Impacted popu|aUon, please select upbotwo additional populations served. i. Grantee will report from the following options: Impacted Disproportionately Impacted Assistance to Households ° Low- or -moderate income households orpmpu|ahonmo ° Households that experienced unemployment ° Households that experienced increased food orhousing insecurity • Households that qualify for certain federal prmgnams,« • For services hmaddress lost instructional time in K-12 schools: any students that lost access toin- person instruction fora significant period oftime ° Other households orpopulations that experienced anegative economic impact ofthe pandemio other than those listed above (please specify) * Low-income households and po9u|mdono" • Households and populations residing inQualified Census Tracts • Households that qualify for certain fmdera|pmQramm,2 ° Households receiving services provided byTribal governments • Households residing inthe U.S. territories orreceiving services from these governments • For services toaddress educational disparities, Title | eligible schoo|sm ° Other households mrpopulations that experienced odisproportionate negative economic impact of the pandemic other than those listed above (please specify) " Low or moderate -income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines by the Department of Health and Human Services (HHS) or (ii) income at or below 65 percent of the Area Median Income for the county and size of household based on the most recently published data by the Department of Housing and Urban Development (HUD). 10nx Impacted households, these programs are Children's Health Insurance the Child Care and Development Fund ("CCDF") Program; Medicaid; National Housing Trust Fund [*Tpl.for affordable housing programs only; Home Investment Partnerships Program ("HOME"), for affordable housing programs only. 11 Low-income households u communities are those with below 185nanmnt ofthe Federal Poverty Guidelines for the size ofthe household based onthe most recently published poverty guidelines**ao,Vyincome at orbelow 4npercent mArea Median Income for its county and size of household based vnthe most recently published data uvHUD. " For Disproportionately Impacted households, these programs are Temporary Assistance for Needy Families ("TAN!'"), Supplemental Nutrition Assistance Program ("SNAP"), Free- and Reduced -Price Lunch ("NSLP") and/or School Breakfast ("SBP") programs, Medicare Part D Low-income Subsidies, Supplemental Security Income ("SSI"), Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children ("WIC"), Section 8 Vouchers, Low-income Home Energy Assistance Program ("LIHEAP"), and Pell Grants. 11 For educational services and other efforts to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school service as eligible. "Title I eligible schools" means schools eligible to receive services under section 1113 of Title 1, Part A of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6313), including schools served under section 11 13(b)(1)(C) of that Act. Task 3: Promoting Equitable Outcomes Please describe how your jurisdiction's planned or current use of funds prioritizes economic and racial equity as a gmo|, names specific targets intended to produce meaningful equity nomu|bs at scale, and articulates the strategies hz achieve those targets. In addition, please explain how your jurisdiction's overall equity strategy translates into the specific services orprograms offered byyour jurisdiction. Page 21 of 23 ""^"011411="°="p"1".''-'+=vO`DWU"~"°'°^'"^'+""' Commerce Please also describe any constraints mrchallenges that impacted project success interms ofincreasing 1. Grantees will bcasked tu respond inthe Snnadoheetlink provided byCommerce. Task 4: Expenditure Reporting 1. All Grantees are required hosubmit Project ondEzuendhuneRmpodnvvbhaachinvmiceaubmitted for payment. a. Grantees must submit a detailed expenditure report of all expenses (totaling the requested reimbursement amount) and backup invoice documentation. The expenditure report/ledger must include: i. Adopted budgets ii. Dates ofexpenditures iii. Expense categories (aligning with the categories from Impacted and Disproportionately Impacted Table) b. Number mfhouseholds with unpaid service bills. i. Number mfmonths ii. Armaanogeamount 2. Subevmands, Contnacts, Granb*, Loans, Tnonafena. and Direct Payments: Each Grantee shall also provide detailed obligation and expenditure information for any contracts and grants awarded, loans issued, transfers made to other government entities, and direct payments made by the recipient that are greater than $5U.DOD. Page aaof 23 LUVLUJIy11 GI IVCBU'.PC ILl. fi.iVrGULlG..NLr f.N®e7O—OVL/O.®7r/1G( OGYVLlr Item 1 Attachment B: Budget Description Grant for residential customer arrearages Total Grant Amount Amount $450,927.95 $450,927.95 Page23of23 Certificate Of Completion Envelope Id: 7C0FE9DE42F74B9BB9D8B4FA278240DF Subject: Review DocuSign:22-56104-035 City of Yakima Utility Residential Customer Arrearages Division: Energy Program: Energy ContractNumber: 22-56104-035 City of Yakima Utility Residential Customer Arrearages DocumentType: Contract Source Envelope: Document Pages: 23 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 11/8/2022 10:06:01 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Marla Page marla.page@commerce.wa.gov Security Level: Email, Account Authentication (None), Login with SSO Electronic Record and Signature Disclosure: Not Offered via DocuSign Sheri Davis sheri.davis@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robert Harrison bob.harrison@yakimawa.gov City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/15/2022 10:47:20 AM ID: 42111982-0539-43aa-bcd7-85513eb2e25a Signatures: 2 Initials: 2 Holder: Anneka McDonald anneka.mcdonald@commerce.wa.gov Pool: StateLocal Pool: Washington State Department of Commerce Status: Completed Envelope Originator: Anneka McDonald 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 anneka.mcdonald@commerce.wa.gov IP Address: 147.55.149.243 Location: DocuSign Location: DocuSign Signature Timestamp Signature Adoption: Pre -selected Style Using IP Address: 147.55.149.224 Signature Adoption: Pre -selected Style Using IP Address: 147.55.149.214 becuMorabd by; 00Y16855,101100 Signature Adoption: Pre -selected Style Using IP Address: 205.172.45.253 Sent: 11/8/2022 10:36:01 AM Viewed: 11/8/2022 10:41:35 AM Signed: 11/8/2022 10:56:40 AM Sent: 11/8/2022 10:36:01 AM Resent: 11/9/2022 8:17:55 AM Viewed: 11/9/2022 8:20:38 AM Signed: 11/9/2022 8:21:09 AM Sent: 11/9/2022 8:21:13 AM Resent: 11/9/2022 1:05:50 PM Resent: 11/14/2022 11:24:06 AM Resent: 11/17/2022 9:51:00 AM Viewed: 12/2/2022 8:42:50 AM Signed: 12/2/2022 8:43:17 AM Signer Events Michael Furze michael.furze@commerce.wa.gov Assistant Director, Energy Division Security Level: Email, Account Authentication (None), Login with SSO Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Anneka McDonald anneka.mcdonald@commerce.wa.gov Washington State Department of Commerce Security Level: Email, Account Authentication (None), Login with SSO Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events James A Dean james.dean@yakimawa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Envelope Updated Certified Delivered Signing Complete Completed Payment Events Signature [DocuSIpned toy Atidad FW5te toki157676.56,148A Signature Adoption: Pre -selected Style Using IP Address: 198.239.157.112 Signature Status Status Status Status VIEWED Using IP Address: 147.55.149.243 Status COPIED Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Status Electronic Record and Signature Disclosure Timestamp Sent: 12/2/2022 8:43:21 AM Viewed: 12/2/2022 3:37:05 PM Signed: 12/2/2022 3:37:09 PM Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 11/8/2022 10:35:34 AM Viewed: 11/8/2022 10:36:00 AM Timestamp Sent: 12/2/2022 3:37:12 PM Viewed: 12/5/2022 8:55:09 AM Timestamp Timestamp Timestamps 11/8/2022 10:35:34 AM 11/9/2022 1:05:49 PM 12/2/2022 3:37:05 PM 12/2/2022 3:37:09 PM 12/2/2022 3:37:12 PM Timestamps Glelo1.1U1 Ill/ rteloUl U di IU Oly1 IOILUI 0 L/1041U0U110 Lel CCILIGU /71 I. 0/ I I he.UZU 4.4'1. G r-ivi Parties agreed to: Robert Harrison ELECTRONIC RECO AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be 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 the DocuSign system. Please read the information below carefully and thoroughly, and if you 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 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, if you elect to create a DocuSign account, you may access the documents for a limited period 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 fee. You may request delivery of such paper copies from us by 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 in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such 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 the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent 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 of your new email address 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 and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address 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 disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.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. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign 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 us 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: h Ups: //sup porL docus gn,com ign desfsi gnu r-gu id e- si gn i ngssyste msrequi rem en t s 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 that you 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 agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system. By selecting the check -box next to 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. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.1. For Meeting of: December 6, 2022 ITEM TITLE: Resolution authorizing a grant with the Department of Commerce to provide funding to private and public utilities to help address residential customer arrearages as a result of the COVI D pandemic SUBMITTED BY: Jennifer Ferrer Santa -Ines, Director of Finance and Budget James Dean, Utility Customer Services Manager* SUMMARY EXPLANATION: Utility Services Division was awarded a grant through the Washington State Department of Commerce in an amount not to exceed $450,927.95 to provide funding to private and public utilities to help address residential customer arrearages as a result of the COVI D pandemic. The funding is to be applied to accounts that accrued balances between March 2, 2020 and December 31, 2021 that meet the guidelines outlined in the proviso. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date O Resolution 11/15/2022 O Contract 11/15/2022 NA NA Type Resolution Contract