HomeMy WebLinkAbout12/07/2021 04.F. Resolution authorizing grant acceptance from the Washington State Department of Commerce, Community Development Block Grant-Coronavirus (CDBG-CV2)funds in the amount of $213,181. 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.F.
For Meeting of: December 7, 2021
ITEM TITLE: Resolution authorizing grant acceptance from the Washington State
Department of Commerce, Community Development Block Grant-
Coronavirus (CDBG-CV2)funds in the amount of $213,181.
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Archie Matthews, ONDS Manager
SUMMARY EXPLANATION:
The City of Yakima was provided an opportunity to apply for CDBG-CV2 funds in the amount of
$213,181 from the Washington State Department of Commerce. The City of Yakima, through the
Office of Neighborhood Development Services (ONDS), has been awarded $213,181 to fund
the existing People for People Meals on Wheels Program. These funds will provide meals to low
to moderate income seniors within the city limits of Yakima.
The Cares Act CDBG-CV2 funds must be utilized to prepare, prevent and respond to the
COVI D-19 pandemic and must follow the same eligible activity criteria as the CDBG Program.
The CDBG Program has three primary objectives: to benefit low and moderate income persons,
to assist with problems relating to slum and blight, and to assist with urgent health and welfare
needs.
ITEM BUDGETED:
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution Authorizing City Manager to accept grant 11/19/2021
from Department of Commerce for CDBG-CV2
❑ Grant Agreement_Commerce 11/18/2021
2
RESOLUTION NO. R-2021-
A RESOLUTION authorizing acceptance of a grant from the State of Washington
Department of Commerce in federal Community Development Block
Grant-Coronavirus (CDBG-CV2) in the amount of$213,181.
WHEREAS, The City of Yakima is a Federal HUD Entitlement Grantee for Community
Development Block Grant (CDBG) funds and as such was provided the opportunity to apply to
the Washington State Department of Commerce for the CDBG-CV2 with the maximum award of
$213,181; and
WHEREAS, the City of Yakima Office of Neighborhood Development (ONDS)
successfully applied for and was notified of the award of the grant; and
WHEREAS, The City of Yakima ONDS is currently administering CDBG-CV1 and
CDBG-CV3 funds as directed by the Yakima City Council; and
WHEREAS, the City currently has a contract with People for People for meal delivery
services to low or moderate income persons and families in the City of Yakima utilizing CDBG-
CV3 funds; and
WHEREAS, the Yakima City Council previously directed that supplemental CDBG-CV
funds be awarded to People for People for additional meal services to qualified low to moderate
income persons; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of
the City and its residents to accept the CDBG-CV2 grant and implement additional services with
People for People to provide meal delivery for low to moderate income persons, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to accept a grant from the Washington State
Department of Commerce in the amount of Two Hundred Thirteen Thousand, One hundred
Eighty One dollars ($213,181) to contract with People for People for meal delivery to persons in
the City of Yakima who are qualified low or moderate income families. A copy of the agreement
is attached hereto.
ADOPTED BY THE CITY COUNCIL this 7th day of December, 2021.
ATTEST: Patricia Byers, Mayor
City Clerk
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291D6
3
if Oki Washington State
!ij Commerce
Interagency Grant Agreement with
City of Yakima
through
Community Development Block Grant Program
CDBG — Coronavirus (CDBG-CV2)
For
Activities to prevent, prepare for, and respond to coronavirus in
partnership with local service providers.
Start date: 4/1/2021
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291 D6
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TABLE OF CONTENTS
Special Terms and Conditions
1. Definitions 1
2. Authority 1
3. Acknowledgement of Federal Funding. .1
4. Acquisition And Disposition Of Assets 1
5. Audit 2
6. Billing Procedures and Payment 2
7. Closeout 3
8. Compensation 3
9. Debarment 3
10. Environmental Review 4
11. Indirect Costs. .5
12. Grant Management 5
13. Historical Or Cultural Artifacts, Human Remains 5
14. Insurance 5
15. Laws 5
16. Performance Reporting 5
17. Program Income 5
18. Prohibition on Certain Funds Transfers 6
19. Subcontractor Data Collection 6
20. Subcontracts for Engineering Services 6
21. Order of Precedence 6
General Terms and Conditions
1. 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 8
10. Licensing, Accreditation and Registration 8
11. Recapture 9
12. Records Maintenance 9
13. Savings 9
14. Severability 9
15. Subcontracting 9
16. Survival 10
17. Termination for Cause 10
18. Termination for Convenience 10
19. Termination Procedures 10
20. Treatment of Assets 11
21. Waiver 11
Attachment A, Scope of Work and Budget
Attachment B, Letter to Incur Costs
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FACE SHEET 5
Contract Number: 20-6221C-170
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
CDBG—Coronavirus(CDBG-CV2)
1. Grantee 2. Grantee Doing Business As(optional)
City of Yakima N/A
129 North Second Street,Rm 232
Yakima,Washington 98901-3022
3. Grantee Representative 4. COMMERCE Representative
Archie Matthews, ONDS Manager Eric Guida,Project Manager Address:
Phone: (509)575-6101 Phone: (360)725-3044 PO Box 42525
Email: Archie.Matthews@yakimawa.gov Fax: (360)586-8440 1011 Plum Street SE
eric.guida@commerce.wa.gov Olympia,WA 98504
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$213,181 Federal: ® State: ❑ Other: ❑ N/A: ❑ 4/1/2021 6/30/2023
9. Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if applicable):
$213,181 U.S. Department of Housing 14.228 N/A
And Urban Development
(HUD)
10. Tax ID# 11. SWV# 12.UBI# 13.DUNS#
916001293 0007122-00 #379005272 78212651
14. Grant Purpose
Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers. 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: Grant Terms and Conditions including Attachment"A"—Scope of
Work and Budget, Attachment "B" — Letter to Incur Costs (if applicable), and the following documents incorporated herein by
reference: Grantee's application for funding and the Community Development Block Grant policies and procedures, prepared by
Commerce.
FOR GRANTEE FOR COMMERCE
Robert Harrison, Yakima City Manager Mark K. Barkley, Assistant Director
City of Yakima Local Government Division
Date Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 07/17/2019.
APPROVAL ON FILE.
i
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
1. DEFINITIONS
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. Community Development Block Grant—Coronavirus Response (CDBG-CV) grants are funded by
the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
C. "Low- and moderate-income" shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size.
D. "Subgrantee/Subcontract" 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" and "subcontractors" mean subcontractor(s) in any tier.
E. "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 Grant pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
3. ACKNOWLEDGMENT OF FEDERAL FUNDS
Federal Award Date: February 11, 2021
Federal Award Identification Number (FAIN): B-20-DW-53-0001
Total amount of the federal award: $38,217,218
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-20-DW-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. 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 570.489,570.502,570.503,570.504, and 570.505 as applicable, which include but are
not limited to the following:
Real property that was acquired or improved, in whole or in part, with funds under this Grant 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 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 ten (10)
years of closeout of the Grant shall be treated as CDBG Program Income.
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.
State of Washington Interagency Grant Agreement
Department of Commerce Page 1
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
5. 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('7commerce.wa.gov.
6. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE 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
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant, including completion of the Environmental Review and the release of funds (if applicable).
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 by
COMMERCE of project completion.
Invoices and End of Fiscal Year
The grantee must invoice end of state fiscal year final invoices for all expenses from the beginning of
the contract through June 30, regardless of the contract start and end date. Commerce will provide
notification of the end of fiscal year due date.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement,and COMMERCE
shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Prevent Duplication of Benefit
The CARES Act provides that there are adequate procedures in place to prevent any duplication of
benefit as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-254; 132 Stat. 3442). HUD requires each Grantee (and subrecipient)
have procedures to prevent the duplication of benefits when it provides financial assistance with CDBG-
CV funds. Federal disaster law prohibits the provision of federal assistance in excess of need. Before
paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that
the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid
State of Washington Interagency Grant Agreement
Department of Commerce Page 2
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
by another source. Any person or entity (including subrecipients) receiving CDBG-CV assistance must
agree to repay assistance that is determined to be duplicative; and to assess whether the use of CDBG-
CV funds will duplicate financial assistance already received or is likely to be received by acting
reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources
available to meet that need.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors/subrecipient.
7. 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.
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. Any
excess grant amount in the Grantee's possession shall be returned in the 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 satisfactorily or there is no further state interest in keeping this Grant open
for the purpose of securing performance.
8. COMPENSATION
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
9. 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;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or more
public transactions (Federal, State, or local) terminated for cause of default.
State of Washington Interagency Grant Agreement
Department of Commerce Page 3
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a. 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.
b. 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.
10. ENVIRONMENTAL REVIEW
General Purpose, Housing 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 CFR part 58 are
met:
A. The Grantee must complete an environmental review of the project and make a finding of
environmental impact. A notice of this finding must be published along 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 for public
review and comment following publication of the notices unless 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) day period for public review and comment. When
COMMERCE's public review and comment period expires, COMMERCE may, after considering
any comments received, formally notify the Grantee in writing of the release of federal funds for the
project.
B. 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.
Microenterprise Assistance, Planning-Only 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.
State of Washington Interagency Grant Agreement
Department of Commerce Page 4
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
11. INDIRECT COSTS
The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the
federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct
costs (MTDC) will be used.
12. 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 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.
13. 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.
14. 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.
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 (HCD) Act of 1974.
• CDBG regulations in 24 CFR Part 570.
• 2 CFR 200.
• Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law PL 116-136.
• Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for
Community Development Block Grant Program Coronavirus Response Grant, Fiscal Year
2019 and 2020 Community Development Block Grants, and for other Formula Programs,
Docket No. FR-6218-N-01.
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 Grant. 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
Grant.
17. PROGRAM INCOME
Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used in
accordance with CDBG-CV requirements. The Grantee must maintain records of program income
received and expended, and annually report program income received after closeout of this Grant.
State of Washington Interagency Grant Agreement
Department of Commerce Page 5
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
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. PROHIBITION ON CERTAIN FUNDS TRANSFERS
The Grantee that directly or indirectly receives CDBG-CV funds may not sell, trade, or otherwise
transfer all or any such portion of such funds to another such entity in exchange for any other funds,
credits or non-Federal consideration, but must use such funds for activities eligible under title I of the
HCD Act or permitted by waiver and alternative requirements that apply to the use of CDBG-CV funds.
19. 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 Grant performed by subcontractors and the portion of
funds expended for work performed by subcontractors, including but not necessarily limited to minority-
owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean
subcontractors of any tier.
20. 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.
21. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work and Budget
• Attachment B—Letter to Incur Cost, if applicable
• Grantee's application for funding and the Community Development Block Grant policies and
procedures, prepared by Commerce as incorporated by reference on the Face Sheet
State of Washington Interagency Grant Agreement
Department of Commerce Page 6
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GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any attachments, documents, or materials incorporated by reference. E-mail or
facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original.
D. "Grantee"shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subgrantee/Subcontract" shall mean one not in the employment of the Grant, who is performing
all or part of those services under this Grant under a separate Grant with the Contractor. The terms
"subgrantee" and "subcontractors" mean subcontractor(s) in any tier.
2. 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.
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.
4. ASSIGNMENT
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" as used in this section includes:
i. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Grantee that is designated as"confidential" by COMMERCE; and
iii. All personal information in the possession of the Grantee that may not be disclosed under state
or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this 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 Information
is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential
Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall
provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
State of Washington Interagency Grant Agreement
Department of Commerce Page 7
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291 D6
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GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
Grantee shall make the changes within the time period specified by COMMERCE. Upon request,
the Grantee shall immediately return to COMMERCE any Confidential Information that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five(5)working days
of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
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 publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials
furnished under this Grantee, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this 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.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional 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 shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. 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 any action brought hereunder 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.
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.
State of Washington Interagency Grant Agreement
Department of Commerce Page 8
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291 D6
14
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
11. 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.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the subcontract.
State of Washington Interagency Grant Agreement
Department of Commerce Page 9
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291 D6
15
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
16. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grantee shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant
in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending
or terminating 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 of termination or suspension, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Grant and the replacement or
cover Grant and all administrative costs directly related to the replacement contract, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the 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 or her control, fault
or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are in addition to
any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten(10) business days written notice,
beginning on the second day after the mailing, 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 or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this contract,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this 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 price, if separately stated, for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE
for (i) completed work and services for which no separate price is stated, (ii) partially completed work
and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection
and preservation of property, unless the termination is for default, in which case the Authorized
Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the"Disputes"clause of this Grant. COMMERCE
may withhold from any amounts due the Grantee such sum as the Authorized Representative
determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant.
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;
State of Washington Interagency Grant Agreement
Department of Commerce Page 10
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291 D6
16
GENERAL TERMS AND CONDITIONS
INTERAGENCY GRANT AGREEMENT
FEDERAL FUNDS
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 may direct, for the
protection and preservation of the property related to this Grant, which is in the possession 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 Grant.
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 Grant.
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Su bg ra n t e e s/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.
State of Washington Interagency Grant Agreement
Department of Commerce Page 11
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291D6
Attachment A
ATTACHMENT A—SCOPE OF WORK AND BUDGET
Grantee: City of Yakima
Contract No. 20-6221C-170
Section A: Project Description/ Deliverable
The city of Yakima is awarded a $213,181 CDBG-CV2 Grant. The city will make all of these CDBG-CV2 funds available to People for People as a grant subrecipient.
These funds will result in new and increased CDBG eligible public services for the city, to help stabilize eligible households impacted by COVID-19. Major
components of the project include distribution of meals to seniors made vulnerable by the coronavirus pandemic.
Total project costs amount to$213,181.
Eligible public services will benefit approximately 29,000 persons and target services to limited clientele with principally low-and moderate-incomes based on the
HUD presumed benefit special group. CDBG-CV funded activities will prevent, prepare for, and respond to coronavirus.
Section B: Project Activities, Milestones and Budget
CDBG Budget Project Activities Performance
Budget Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones
21A General $0 ■ Execute grant contract with Commerce. Before first payment
Admin. ■ Verify the subrecipient does not have an active exclusion record in the federal award system request
(SAM.gov), include documentation in the CDBG-CV file, and submit a copy to Commerce.
■ Establish a subrecipient agreement that includes the quarterly beneficiary reporting requirement.
Submit a signed copy to Commerce.
■ Establish administrative,financial, reporting, and record keeping systems, including a system to
prevent duplication of benefit.
Payment requests: Not more than monthly
■ Review project costs and invoices against project budget and contract start date.
■ Once costs are approved, prepare and submit payment request and project status report to First payment request
Commerce. within 270 days from
■ Document receipt of grant funds and reimbursement of eligible costs. contract execution
■ Submit a CDBG Beneficiary Report within 30 days of end of each calendar quarter. By Jan 31, April 30,July
31,Oct 31
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291 D6
Attachment A
• Complete applicable civil rights requirements. Prior to Commerce's
on-site monitoring
• Resolve all monitoring issues with state CDBG-CV program. Before requesting final
• Accomplish all grant activities. 5%of CDBG-CV award
• Conduct a final public hearing to review project performance.
• Submit a CDBG-CV Contract Closeout Report.
• List CDBG-CV expenditures in your annual Schedule of Expenditures of Federal Awards and arrange Before audit
an audit with the State Auditor's Office to meet the Uniform Guidance (2 CFR Part 200).
CDBG Budget Project Activities Performance
Budget Code Amount *Must complete each bulleted project activity to meet the corresponding milestone. Milestones
05 Public $213,181 • Complete the environmental review and prepare an environmental review record in compliance Approx. 14,790 LMI
Services with NEPA requirements for CDBG-CV. persons receive direct
• Develop and establish CDBG-CV program's policies and procedures, including income qualification, services by 6/30/2023
05A Senior COVID-19 impact verification, prevent duplication of benefits, and beneficiary reporting
Services requirements.
• Deliver the direct services identified in the CDBG-CV application through People for People.
• Allocate and manage public services funds as established in the approved subrecipient agreement
and budget, and prevent duplication of benefits.
• Meet the CDBG national objective of principally benefiting low-and moderate-income persons.
• Accomplish HUD's outcome of increasing the availability and accessibility of services to achieve
HUD's objective of creating suitable living environments.
TOTAL: $213,181
DocuSign Envelope ID:07C223DD-72DD-475D-9033-78F03DC291 D6
19
STAT4.
ii
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STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE•PO Box 42525• Olympia, Washington 98504-2525•(360) 725-4000
www.commerce.wa.gov
July 22, 2021
Kathy Coffey
Yakima City Manager
129 North Second Street, Rm 232
Yakima, WA 98901
Dear Ms. Coffey:
I am pleased to inform you that Commerce has awarded the City of Yakima up to $213,181 in
federal Community Development Block Grant- Coronavirus (CDBG-CV) funds. This award is
based on the jurisdiction's CDBG-CV2 application for activities to prevent,prepare for, and
respond to coronavirus in partnership with local service providers.
Prior to grant contract execution, this letter allows you to begin incurring costs not to exceed ten
percent of your award as of April 1, 2021, for only the following activities:
• Administration including documented staffing, travel and training
• Pre-application costs, such as public hearing notices and documented staffing and time
for CDBG-CV2 consortium communication and application
• Review of environmental laws and authorities, including Section 106 of the National
Historic preservation Act of 1996
• Preliminary engineering design work and consultations needed for the environmental
review
• Subrecipient agreements or professional service contracts for any of the above activities
A CDBG subrecipient agreement, for use if you pass these funds through to a local entity or
service provider to implement the grant, is available in Section 18 of the CDBG Management
Handbook, which is available electronically at www.commerce.wa.gov/cdbg and here.
CDBG procurement requirements must be followed before hiring professional services or
contractors to be funded by this CDBG award. These requirements are in Sections 5 and 7 of the
CDBG Management Handbook.
CDBG-specific compliance with the National Environmental Policy Act(NEPA) must be
completed before any choice limiting action can occur. These procedures are described in
Section 6 of the CDBG Management Handbook.
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20
Kathy Coffey
July 22, 2021
Page 2
Eligible costs will be reimbursed by Commerce after your grant contract with Commerce is
executed and the NEPA environmental review is complete (see enclosure for further
explanation).
All costs to be reimbursed must comply with applicable state and federal requirements.
Additional CDBG-CV2 implementation guidance is available on the CDBG-CV website here
and forthcoming.
The jurisdiction must have an active and unexpired Dun and Bradstreet Numbering System
(DUNS) in the System for Award Management(SAM)to avoid delays in the disbursement of
funds. Grantees are required to maintain an active SAM registration for the duration of their
contract by re-activating their DUNS number annually at the following website:
https://www.sam.gov/SAM/.
If your project is not ready to proceed, resulting in the contract's execution being delayed over
90 days from the date of this letter, the CDBG-CV2 award may be rescinded.
Your contract manager will be contacting you to develop the grant contract. Until then, if you
have any questions, please contact Kaaren Roe at 360.725.3018 or
kaaren.roe@commerce.wa.gov.
commerce.wa.gov.
I congratulate you and others for your efforts thus far. We look forward to working with you to
address the impacts of COVID-19 in your communities.
Sincerely,
M k� rkley
Assistant Direct r
Enclosure
cc: Archie Matthews, ONDS Manager