HomeMy WebLinkAbout09/20/2022 06.I. Resolution authorizing grant agreement acceptance from the Department of Commerce through the Connecting Housing to Infrastructure Program (CHIP) to the City of Yakima for the "Rod's House" projectBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.I.
For Meeting of: September 20, 2022
ITEM TITLE:Resolution authorizing grant agreement acceptance from the
Department of Commerce through the Connecting Housing to
Infrastructure Program (CHIP) to the City of Yakima for the "Rod's
House" project for system development charges and utility
infrastructure improvements
SUBMITTED BY:Sy Ruiz, Grant Writer
Joan Davenport, AICP, Community Development Director
SUMMARY EXPLANATION:
The Connecting Housing to Infrastructure Program (CHIP) grant will provide $185,352 in grant
funds to the City of Yakima to financially assist Rod's House by covering sewer, water, stormwater
improvements and system development charges for a new affordable housing project. The
project will develop 12 studio units that will house youth in Yakima experiencing homelessness.
This grant award consists of two separate contracts.
The first contract is for waived system development charges, and will be funded through the State
Building Construction Account.
The second contract is for utility infrastructure improvements, and will be funded through the
State's allocation of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) from the
federal American Rescue Plan Act (ARPA) stimulus funding provided by the U.S. Department of
the Treasury (US Treasury).
ITEM BUDGETED:
STRATEGIC PRIORITY:Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
1
Description Upload Date Type
Resolution_CHIP_Rod's House 9/8/2022 Resolution
Contract_SDC_CHIP_RodsHouse 9/9/2022 Contract
Contract_UI_CHIP_RodsHouse 9/9/2022 Contract
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RESOLUTION NO. R-2022-
A RESOLUTION accepting $185,352.00 through the Connecting Housing to Infrastructure
Program (CHIP) to be administered by the City of Yakima’s Community
Development Department
WHEREAS, the City of Yakima was granted a total of $185,352.00 from the Connecting
Housing to Infrastructure Program (CHIP) to financially assist Rod’s House in its construction of
affordable housing for youth; and
WHEREAS, with this grant funding Rod’s House will pay for sewer, water, stormwater
improvements and system development charges for its new affordable housing project; and
WHEREAS, the CHIP funds come from two different fund sources, both of which are
funded through COVID relief funds, and thus, the City must accept the grant funds through two
different contracts; and
WHEREAS, one of the grant contracts provides funding for utility system development
charges, and the other grant contract provides funding for utility infrastructure improvements;
and
WHEREAS, the City Council must accept the two grants’ terms and conditions and
approve the Grant Agreements to obtain the funding to assist Rod’s House; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
residents to accept the $185,352.00 grants from the Washington State Department of
Commerce, and authorize the City Manager to enter into two Grant Agreements with the
Washington State Department of Commerce to financially assist the Rod’s House Project; now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Council approves the Capital Agreement with City of Yakima through Connecting
Housing to Infrastructure Program (CHIP) using State Capital Funds, contract number 22-
96720-031, in the amount of $36,598.00 for system development charges, and authorizes
the City Manager, or their designee, to execute and administer such Agreement with the
Washington State Department of Commerce, and to execute and administer all applicable
documents and agreements pursuant to such grant.
2. The City Council approves the Capital Agreement with City of Yakima through America
Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds – Connecting Housing to
Infrastructure Program (CHIP), contract number 22-96720-215, in the amount of
$148,754.00 for utility infrastructure improvements, and authorizes the City Manager, or
their designee, to execute and administer such Agreement with the Washington State
Department of Commerce, and to execute and administer all applicable documents and
agreements pursuant to such grant.
3. The City Manager is authorized to sign and/or execute any other documents necessary to
fulfill the requirements and intent of the two agreements with the Department of Commerce.
ADOPTED BY THE CITY COUNCIL this 20th day of September, 2022.
Janice Deccio, Mayor
3
ATTEST:
Sonya Claar Tee, City Clerk
4
Capital Agreement with
City of Yakima
through
Connecting Housing to Infrastructure Program (CHIP)
using State Capital Funds
Purpose:
To support the construction of affordable housing by reimbursing the
City for waived system development charges for the Rod's House project
Start date: July 1, 2021
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TABLE OF CONTENTS
i
Face Sheet ........................................................................................................................ 1
Special Terms and Conditions .......................................................................................... 2
1. Contract Management ............................................................................... 2
2. Compensation ........................................................................................... 2
3. Billing Procedures and Payment ............................................................... 2
4. Subcontractor Data Collection ................................................................... 3
5. Historical or Cultural Artifacts .................................................................... 3
6. Insurance ................................................................................................... 3
7. Order of Precedence ................................................................................. 4
General Terms and Conditions ......................................................................................... 5
1. Definitions .................................................................................................. 5
2. Allowable Costs ......................................................................................... 5
3. All Writings Contained Herein ................................................................... 5
4. Amendments ............................................................................................. 5
5. Americans with Disabilities Act (ADA) ....................................................... 5
6. Approval .................................................................................................... 5
7. Assignment ................................................................................................ 5
8. Attorney’s Fees ......................................................................................... 5
9. Code Requirements .................................................................................. 6
10. Confidentiality/Safeguarding of Information............................................... 6
11. Conformance ............................................................................................. 7
12. Conflict of Interest ..................................................................................... 7
13. Copyright ................................................................................................... 7
14. Disallowed Costs ....................................................................................... 8
15. Disputes .................................................................................................... 8
16. Duplicate Payment .................................................................................... 8
17. Governing Law and Venue ........................................................................ 8
18. Indemnification .......................................................................................... 8
19. Independent Capacity of the Contractor .................................................... 9
20. Industrial Insurance Coverage .................................................................. 9
21. Laws .......................................................................................................... 9
22. Licensing, Accreditation and Registration ............................................... 10
23. Limitation of Authority .............................................................................. 10
24. Local Public Transportation Coordination ............................................... 10
25. Noncompliance With Nondiscrimination Laws ......................................... 10
26. Pay Equity ............................................................................................... 10
27. Political Activities ..................................................................................... 10
28. Prevailing Wage Law ............................................................................... 10
29. Prohibition Against Payment of Bonus or Commission ........................... 10
30. Publicity ................................................................................................... 10
31. Recapture ................................................................................................ 11
32. Records Maintenance ............................................................................. 11
33. Registration With Department of Revenue .............................................. 11
34. Right of Inspection ................................................................................... 11
7
ii
1. Savings .................................................................................................... 11
2. Severability .............................................................................................. 11
3. Subcontracting ........................................................................................ 11
4. Survival .................................................................................................... 12
5. Taxes ....................................................................................................... 12
6. Termination for Cause ............................................................................. 12
7. Termination for Convenience .................................................................. 12
8. Termination Procedures .......................................................................... 12
9. Treatment of Assets ................................................................................ 13
10. Waiver ..................................................................................................... 13
Attachment A, Scope of Work
Attachment B, Budget
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FACE SHEET
1
Contract Number: 22-96720-031
Washington State Department of Commerce
Local Government Division, Growth Management Unit
Connecting Housing to Infrastructure Program (CHIP)
1. Contractor 2. Contractor Project
City of Yakima
129 North Second Street
Yakima, WA 98901
Rod's House
1011 East Chestnut Avenue
Yakima, WA 98901
3. Contractor Representative 4. COMMERCE Representative
Joan Davenport
Director of Community Development
(509)576-6417
Joan.davenport@yakimawa.gov
Eric Guida
Senior Planner
(360)725-3044
eric.guida@commerce.wa.gov
PO Box 42525
1011 Plum St SE
Olympia, WA 98504-2525
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$36,598 Federal: State: Other: N/A: July 1, 2021 June 30, 2023, subject to
re-appropriation
through June 30, 2025
9. Federal Funds (as applicable)
NA
10. Federal Agency
NA
CFDA Number:
NA
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
007122-02 397-005-272
14. Contract Purpose
To support the construction of affordable housing by reimbursing the City for waived system development charges for the Rod's
House project.
COMMERCE, defined as the Department of Commerce and Contractor acknowledge and accept the terms of this Contract and
attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and
obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference:
Contractor Terms and Conditions including Attachment “A” – Scope of Work, and Attachment “B” – Budget.
FOR CONTRACTOR FOR COMMERCE
Bob Harrison, City Manager
Date
Mark Barkley, Assistant Director, Local Government Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Last revision 10/13/2020
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SPECIAL TERMS AND CONDITIONS
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1. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed thirty-six thousand five-hundred-ninety-eight
dollars ($36,598) for the performance of all things necessary for, or incidental to, the performance of
work as set forth in the Scope of Work. Contractor's compensation for services rendered shall be based
on the following rates or in accordance with the following terms:
3. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE 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 22-
96720-031. If expenses are invoiced, 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.
Eligible expenses are those incurred beginning on May 18, 2021, through June 30, 2023.
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
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The grantee must invoice for all expenses from the beginning of the contract through June 30, 2023,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
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4. SUBCONTRACTOR DATA COLLECTION
Contractor 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
Grant 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.
5. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor’s Executive Order 05-05, where applicable, or Contractor shall
complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor
agrees that the Contractor is legally and financially responsible for compliance with a ll laws, regulations,
and agreements related to the preservation of historical or cultural resources and agrees to hold
harmless COMMERCE and the state of Washington in relation to any claim related to such historical
or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this
Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s
Executive Order 05-05, coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any tribal
cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce
Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then
contact DAHP and the concerned tribe's cultural staff or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute
for completion of Governor’s Executive Order 05-05.
In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act.
6. 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.
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7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, 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
Attachment B – Budget
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1. DEFINITIONS
As used throughout this Contract, 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. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or
Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
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. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sheet.
3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
4. AMENDMENTS
This Contract 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.
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the “ADA” 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
6. APPROVAL
This contract shall be subject to the written approval of COMMERCE’s Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
written amendment executed by both parties.
7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of COMMERCE.
8. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys’ fees and costs.
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9. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by
COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract 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 Contractor 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
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor 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.
11. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract 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 CONTRACTOR in the
procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on the Connecting
Housing to Infrastructure Program (CHIP)including but not limited to formulating or drafting the
legislation, participating in grant procurement planning and execution, awarding grants, and monitoring
grants, during the 24 month period preceding the start date of this Grant. Identify the individual by
name, the agency previously or currently employed by, job title or position held, and separation date. If
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it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be
disqualified from further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract
by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall 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 be an issue and may
be reviewed as provided in the “Disputes” clause of this contract.
13. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract 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 Contractor 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 Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor 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 Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, 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 Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
14. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
15. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and
be mailed to the Director and the other party’s (respondent’s) Contract 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 requestor within five (5) working days.
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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 shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract 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.
16. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source.
17. GOVERNING LAW AND VENUE
This Contract 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.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the
state, for, from and against all claims for injuries or death arising out of or resulting from the performance
of the contract. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage,
or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease,
or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by Contractor’s
agents, employees, representatives, or any subcontractor or its employees.
The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to the Contractor’s or any subcontractor’s performance or failure to perform the
contract. Contractor’s obligation to indemnify, defend, and hold harmless the State shall not be
eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies,
employees and officials.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
19. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Contractor.
20. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Contractor the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed
by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE
under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I)
Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the
Contractor.
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21. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
22. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation
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 Contract.
24. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
26. PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated
as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. Contractor may allow differentials in compensation for its workers if the differentials are based
in good faith and on any of the following:
(i) A seniority system; a merit system; a 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) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Contract may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Contractor is not in compliance with this provision.
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GENERAL TERMS AND CONDITIONS
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STATE FUNDS
10
27. POLITICAL ACTIVITIES
Political activity of Contractor 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.
28. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing
Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE’s review upon request.
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Contract provided, however, that reasonable fees or bona fide technical consultant,
managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as project costs.
30. PUBLICITY
The Contractor agrees not to publish or use 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 of COMMERCE.
31. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, 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 Contractor 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 contract.
32. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract 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 contract.
Contractor shall retain such records for a period of six years following the date of final payment. At no
additional cost, these records, including materials generated under the contract, 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.
33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
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GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
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34. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State
Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose.
35. 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 Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten business day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
36. SEVERABILITY
The provisions of this contract 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 contract.
37. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE. COMMERCE has approved Rod’s House, the Developer, as a subcontractor
under this Contract.
If COMMERCE approves subcontracting, the Contractor 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 Contractor to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor’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 Subcontractor’s performance of the subcontract.
38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be
the sole responsibility of the Contractor.
40. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
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GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
12
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract 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 contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (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 contract are not exclusive and are, in addition
to any other rights and remedies, provided by law.
41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this
Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of
this Contract for services rendered or goods delivered prior to the effective date of termination.
42. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor 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 contract.
COMMERCE may withhold from any amounts due the Contractor 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 contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
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 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 contract had been completed, would have
been required to be furnished to COMMERCE;
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GENERAL TERMS AND CONDITIONS
CAPITAL
STATE FUNDS
13
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 contract, which is in the possession of
the Contractor and in which COMMERCE has or may acquire an interest.
43. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, 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 Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor’s employees, agents
or Subcontractors.
44. 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 Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
21
14
Attachment A
Scope of Work
Reimburse waived system development charges for the Rod’s House affordable housing project
that serves and benefits low-income households.
Based on the criteria within the state capital budget, SSB 1080 Sec 1074, (Laws of 2021), and
criteria developed by Commerce to ensure the terms of the appropriation are met, all grants must
meet the following criteria:
Applicant must be a city, county or public utility district, applying in coordination with
the developer of a multi-unit affordable housing project, located within a jurisdiction that
imposed a sales and use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B),
82.14.540, or 84.52.105.
For system development charge waiver reimbursement, jurisdictions must have an
adopted fee waiver program, and documentation that the fees have been waived for the
affordable housing units by each provider for water, sewer, and stormwater, in
accordance with the budget. Commerce has received this documentation for the Samish
Commons project from the City.
The utility project must serve new multi-unit affordable1 housing projects that serve and
benefit low-income households.2 If the project is a mixed-income project, the affordable
portion of the development must be at least 25%. CHIP funds can pay for the system
development charges for the affordable units.
The affordable housing project should be part of a program that will monitor affordability
for a minimum of 25 years, such as the Housing Trust Fund, low-income housing tax
credits, housing authority, or a city monitoring process. A covenant and/or note and deed
of trust may be required as part of securitization to ensure affordability.
1 “Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental
occupancy which, as long as the same is occupied by low-income households, requires payment of monthly housing
costs, including utilities other than telephone, of no more than thirty percent of the family's income. In the context of
homeownership, the definition from the Housing Trust Fund Handbook applies (Section 701.7): “affordability
occurs when a household’s monthly housing costs are generally no more than 38 percent of monthly household
income and total debt is no more than 45 percent of monthly household income. Housing costs include mortgage
principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease fees, as
applicable. Total debt includes other debt and utilities.”
2 "Low-income household" has the same definition as in RCW 43.185.010(6), and means a single person, family or
unrelated persons living together whose adjusted income is less than eighty percent of the median family income,
adjusted for household size, for the county where the project is located.
22
15
Attachment B
Budget
Waived System Development Charges for
Water
City of Yakima $29,599
Waived System Development Charges for
Sewer
City of Yakima $6,999
Waived System Development Charges for
Stormwater
NA $0
Total Waived System Development Charges $36,598
23
Capital Agreement with
City of Yakima
through
America Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds -
Connecting Housing to Infrastructure Program (CHIP)
Purpose
To support the development of affordable housing by paying for
water, sewer, and stormwater infrastructure improvements for the
Rod's House affordable housing project.
Start date: July 1, 2021
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25
TABLE OF CONTENTS
ii
Face Sheet ........................................................................................................................ iv
Declarations ...................................................................................................................... 1
Special Terms and Conditions .......................................................................................... 2
1. Authority .................................................................................................... 2
2. Acknowledgement of Federal Funding ...................................................... 2
3. Grant Management ................................................................................... 2
4. Period of Performance, Costs Incurred, Reimbursement .......................... 2
5. Compensation ........................................................................................... 2
6. Billing Procedures and Payment ............................................................... 3
7. Subcontractor Data Collection………………………………………………...4
8. Historical or Cultural Resources, Human Remains ................................... 4
9. Audit .......................................................................................................... 4
10. Debarment ................................................................................................. 4
11. Insurance ................................................................................................... 5
12. Compliance with Applicable Law and Regulations .................................... 5
13. Federal Exclusion ...................................................................................... 6
14. Registration with the System for Award Management (SAM) .................. 7
15. Reduction In Funds ................................................................................... 7
16. Ownership of Project/Capital Facilities ...................................................... 7
17. Change of Ownership or Use for Grantee-Owned Property ...................... 7
18. Change of Use for Leased Property Performance Measure ..................... 8
19. Termination for Fraud or Misrepresentation .............................................. 8
20. Fraud and Other Loss Reporting…………………………………………… .. 8
21. Order of Precedence ................................................................................. 8
General Terms and Conditions ......................................................................................... 9
1. Definitions .................................................................................................. 9
2. Administrative Cost Allocation ................................................................... 9
3. Allowable Costs ......................................................................................... 9
4. All Writings Contained Herein ................................................................... 9
5. Amendments ............................................................................................. 9
6. Americans with Disabilities Act (ADA) ....................................................... 9
7. Approval .................................................................................................... 9
8. Assignment .............................................................................................. 10
9. Attorney’s Fees ....................................................................................... 10
10. Audit ........................................................................................................ 10
11. Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion ........................................................ 10
12. Code Requirements ................................................................................ 11
13. Confidentiality/Safeguarding of Information............................................. 11
14. Conformance ........................................................................................... 12
15. Conflict of Interest ................................................................................... 12
16. Copyright Provisions ............................................................................... 12
17. Disallowed Costs ..................................................................................... 13
18. Disputes .................................................................................................. 13
19. Duplicate Payment .................................................................................. 13
26
20. Governing Law and Venue ...................................................................... 13
21. Indemnification ........................................................................................ 13
22. Independent Capacity of the Grantee...................................................... 14
23. Industrial Insurance Coverage ................................................................ 14
24. Laws ........................................................................................................ 14
25. Licensing, Accreditation and Registration ............................................... 14
26. Limitation of Authority .............................................................................. 14
27. Noncompliance With Nondiscrimination Laws ......................................... 14
28. Pay Equity ............................................................................................... 14
29. Political Activities ..................................................................................... 15
30. Prevailing Wage Law ............................................................................... 15
31. Procurement Standards for Federally Funded Programs ........................ 15
32. Prohibition Against Payment of Bonus or Commission ........................... 15
33. Publicity ................................................................................................... 16
34. Recapture ................................................................................................ 16
35. Records Maintenance ............................................................................. 16
36. Registration with Department of Revenue ............................................... 16
37. Right of Inspection ................................................................................... 16
38. Savings .................................................................................................... 16
39. Severability .............................................................................................. 16
40. Subcontracting ........................................................................................ 17
41. Survival .................................................................................................... 17
42. Taxes ....................................................................................................... 17
43. Termination for Cause ............................................................................. 17
44. Termination for Convenience .................................................................. 18
45. Termination Procedures .......................................................................... 18
46. Treatment of Assets ................................................................................ 18
47. Waiver ..................................................................................................... 19
48. Work Hours and Safety Standards .......................................................... 19
Attachment A- Scope of Work ......................................................................................... 20
Attachment B- Certification of the Availability of Funds to Complete the Project ........... 22
Attachment C- Certification of the Payment and Reporting of Prevailing Wages ........... 23
27
Contract Number: 22-96720-215
Washington State Department of Commerce
Local Government Division
Community Assistance & Research Unit
ARPA State and Local Fiscal Recovery Funds Grant
1. Grantee 2. Project Name and Address
City of Yakima
129 North Second Street
Yakima, WA 98901
Rod's House
1011 East Chestnut Avenue
Yakima, WA 98901
3. Grantee Representative 4. COMMERCE Representative
Joan Davenport
Community Development Director
(509)576-6417
Joan.davenport@yakimawa.gov
Eric Guida
CHIP Program Manager
(360)725-3044
eric.guida@commerce.wa.gov
PO Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$148,754 Federal: State: Other: N/A: July 1, 2021 June 30,2023
9. Federal Funds (as applicable)
$148,754
Federal Agency
US Dept. Treasury
ALN (CFDA #):
21.027
10. SWV # 11. UBI # 12. DUNS # 13. UNIQUE ENTITY ID #
007122-02 397-005-272 07-8212651 FJNNX1XFJ9K3
14. Grant Purpose
The outcome of this performance-based Grant Agreement is to undertake the construction of water, sewer, and
stormwater infrastructure improvements as referenced in Attachment A – Scope of Work for the Rod's House project.
COMMERCE, defined as the Department of Commerce and Grantee 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” –
Certification of Availability of Funds to Complete the Project, Attachment “C” – Certification of the Payment and Reporting
of Prevailing Wages,
FOR GRANTEE FOR COMMERCE
Bob Harrison, City Manager
Date
APPROVED AS TO FORM ONLY
_________________________________
Name
Date
Mark K. Barkley, Assistant Director, Local Government
Division
Date
APPROVED AS TO FORM ONLY
_______________________________________
Sandra Adix
Assistant Attorney General
March 31, 2022
Date
28
29
DECLARATIONS
CLIENT INFORMATION
GRANTEE Name: City of Yakima
Grant Number: 22-96720-215
PROJECT INFORMATION
Project Name: Rod's House
Project Address: 1011 East Chestnut Avenue
Project City, State Zip Code: Yakima, WA 98901
GRANT INFORMATION
Grant Amount: $148,754
Appropriation Number: 2021 Washington State Capital Budget, SSB 1080,
Section 1074
Re-appropriation Number (if applicable):
Grant End Date: June 30, 2023, if funds are not re-appropriated.
Grant End Date may be extended contingent on
reappropriation
Biennium: 2021-2023
Biennium Close Date: June 30, 2023
Earliest Date for Reimbursement: March 3, 2021
Time of Performance: In accordance with Special Terms and
Conditions Number 4
FUNDING INFORMATION
Federal Funding: Sec. 602 Coronavirus State Fiscal Recovery Funds
of Title VI of Social Security Act as added by
American Rescue Plan Act of 2021 (ARPA or “Act”),
Title IX, Subtitle M, Sec. 9901, Public Law 117–2,
codified at 42 U.S.C. 802 et seq.
Federal Award Agency: US Department of Treasury
Amount of Federal Funds Obligated by this Action: $148,754
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
Extension of Grant Upon Reappropriation.
Notwithstanding General Term and Condition No. 4, the End Date of this Grant may be extended upon
written notice to Grantee from Commerce for a period of time consistent with the effective date of any
re-appropriation of funds, and/or with terms reflecting new Federal requirements for ARPA funds, if any. In
Commerce’s sole discretion, after review of any funding re-appropriation terms and applicable Federal law
or guidance, a contract amendment in accordance with General Term and Condition No. 4 may be required
to extend the End Date.
Last revision 11/23/2021
30
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
2
1. AUTHORITY
Funding for this Grant has been provided in the 2021-2023 biennial state Capital Budget, SSB 1080,
pursuant to Federal grants to Washington State under the American Rescue Plan Act of 2021 (ARPA
or “Act”), sec. 9901, Public Law 117–2, codified at 42 U.S.C. 802 et seq. The parties anticipate that
funding under this Grant that is unexpended in the 2021-23 state biennium may be re-appropriated in
future biennia, subject to Federal requirements.
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Identification Number (FAIN): SLRF0002
Total amount of the federal award: $148,754
Federal Awarding Agency: US Department of Treasury
Research & Development (R&D): award will not be used for R&D
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 Grant, shall contain the following statements:
“This project was supported by grant awarded by the US Department of the 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 are administered by
the America Rescue Plan Act, State and Local Fiscal Recovery Funds, Washington State
Department of Commerce.”
3. 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.
4. PERIOD OF PERFORMANCE, COSTS INCURRED, REIMBURSEMENT
a) Period of Performance, The initial period of performance for this award begins on the date hereof
and ends on June 30, 2023. If unexpended funds under this Grant are re-appropriated, the period
of performance (Contract End Date) will be extended to not later than October 30, 2026.
b) Costs Incurred Period. As set forth in Treasury’s implementing regulations, Grantee may use funds
awarded under ARPA to cover eligible costs incurred during the period that begins on March 3,
2021, and ends on December 31, 2024. Pursuant to Federal rules, a cost shall be considered to
have been incurred if the Grantee has incurred an obligation with respect to such cost by December
31, 2024. All change orders for which reimbursement is requested must be executed on or before
December 31, 2024.
c) Reimbursement Period. All requests for reimbursement of eligible costs incurred between March
3, 2021 and December 31, 2024 payable from ARPA funds must be submitted to COMMERCE by
the earlier of October 30, 2026 or 30 days prior to the Contract End Date.
5. COMPENSATION
COMMERCE shall pay an amount not to exceed the total contract amount listed on the contract Face
Sheet for the performance of all things necessary for or incidental to the performance of work as set
forth in the Scope of Work.
31
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
3
6. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE’s Grants
Management System (CMS), which is available through the Secure Access Washington (SAW) portal.
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 Grant Number listed on
the contract Face Sheet.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or if work is not completed or Grant
terminated, within fifteen (15) days following the end of the state biennium unless Grant Agreement
funds are reappropriated by the Legislature in accordance with Additional Special Terms and
Conditions set forth in the Declarations page above.
Each request for payment must be accompanied by:
a Project Status Report, which describes, in narrative form, the progress made on the
Project since the last invoice was submitted, as well as a report of Project status to date.
COMMERCE will not release payment for any reimbursement request received unless
and until the Project Status Report is received. After approving the Invoice Voucher and
Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
Any documentation of costs, and prevailing wage as per section 8 of the Special Terms
and Conditions and Attachment C, CERTIFICATION OF THE PAYMENT AND
REPORTING OF PREVAILING WAGES.
A reportable expenses form as detailed in Section 7 of Special Terms and Conditions,
SUBCONTRACTOR DATA COLLECTION.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
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.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The grantee must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end 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.
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Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
Withholding
At its sole discretion, COMMERCE may withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
7. 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
Grant 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.
8. HISTORICAL OR CULTURAL RESOURCES, HUMAN REMAINS
CHIP projects are subject to the requirements of Washington State Governor’s Executive Order (GEO)
21-02 "Archaeological and Cultural Resources”. CHIP Grantees will cooperate with Commerce to fulfill
the requirements of GEO-21-02. Commerce will delegate consultation authority to the grantee by letter,
and each project must complete the EZ-1 Form to comply with the GEO 21-02. In the event that
historical or cultural artifacts are discovered at the Project site during construction or rehabilitation, the
Grantee or subcontractor shall immediately stop work and notify the local historical preservation officer
and the state historic preservation officer at the Department of Archaeology and Historic Preservation
at (360) 586-3065. If human remains are discovered, the Grantee shall immediately stop work and
report the presence and location of the remains to the coroner and local enforcement, then contact
DAHP and any concerned tribe’s cultural staff or committee.
9. AUDIT
If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or
all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-
specific audit for that fiscal year. Upon completion of each audit, the Grantee shall:
1. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200,
reports required by the program-specific audit guide (if applicable), and a copy of any
management letters issued by the auditor.
2. 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 the Federal Audit Clearinghouse.
https://facides.census.gov/Account/Login.aspx
10. DEBARMENT
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
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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.
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. Grantees should
review section 14 of the Special Terms and Conditions for information on documenting that any
subcontractors are not on the federal debarment list.
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
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such contractor shall attach an explanation to this Grant.
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.
11. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
12. COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS
A. Grantee agrees to comply with the requirements of section 603 of the Act, regulations adopted
by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding
the foregoing. Grantee also agrees to comply with all other applicable federal statutes,
regulations, and executive orders, and Grantee shall provide for such compliance by other
parties in any agreements it enters into with other parties relating to this award.
B. Federal regulations applicable to this award include, but are not necessarily limited to the
following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
inapplicable to this Award and subject to such exceptions as may be otherwise provided
by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the
Single Audit Act, shall apply to this award.
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ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non-
procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition
in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing
regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in
2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§
4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
x. Prohibition on certain telecommunications and video surveillance services or equipment 2
CFR § 200.216.
C. Statutes and regulations prohibiting discrimination applicable to this award include,
but are not necessarily limited to the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
which prohibits discrimination in housing on the basis of race, color, religion, national origin,
sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving
federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq.), which prohibits discrimination on the basis of disability under programs, activities,
and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
13. FEDERAL EXCLUSION
These terms add to the terms in Section 12 Certification Regarding Debarment, Suspension or
Ineligibility and Voluntary Exclusion — Primary and Lower Tier Covered Transactions in General Terms
and Conditions. The Grantee also agrees to access the Federal Exclusion List at www.sam.gov and
provide Federal Exclusion documentation to Commerce and to keep a copy on file with the Grantee's
project records.
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14. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
By signing this Grant, the Grantee accepts the requirements stated in 48 CFR 52.204-7 to register with
the System for Award Management at the SAM website (https://www.sam.gov). To register in SAM, a
valid Unique Entity Identifier (UEI) is required. The Grantee is responsible for the accuracy and
completeness of the data within the SAM database and for any liability resulting from the Government's
reliance on inaccurate or incomplete data. The Grantee must remain registered in the SAM database
after the initial registration. The Grantee is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in SAM to ensure it is current, accurate
and complete. The Grantee shall provide evidence documenting registration and renewal of SAM
registration to Commerce.
In the event of the Grantee's noncompliance or refusal to comply with the requirement stated above,
Commerce reserves the right to suspend payment until the Grantee cures this noncompliance.
15. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
16. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement to assure affordability when the CHIP grant
program contributed to the project, unless monitored by another funder. The funding for this program,
[SB 5651 (section 1032), laws of 2021] requires that projects serve and benefit low-income
households, and requires affordability for at least 25 years. This provision does not extend to claims
that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
17. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by
the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using
state funds under this Grant Agreement, shall be held and used by the GRANTEE for the
purpose or purposes stated elsewhere in this Grant Agreement for a period of at least twenty
five (25) years from the date the final payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior
review and approval by COMMERCE, and that all proceeds from such sale shall be applied
to the purchase price of a different facility or facilities of equal or greater value than the
original facility and that any such new facility or facilities will be used for the purpose or
purposes stated elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE
shall repay to the state general fund the principal amount of the grant as stated on the Face
Sheet, hereof, 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
subject facility was authorized. Repayment shall be made pursuant to Section 34 (Recapture
provision).
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18. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least twenty five (25) years from the date the final payment is
made hereunder.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE
shall repay to the state general fund the principal amount of the grant as stated on the Face
Sheet, hereof, 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
subject facility was authorized. Repayment shall be made pursuant to Section 34 (Recapture
Provision).
19. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the
right to terminate or amend this Grant Agreement accordingly, including the right to recapture all
funds disbursed to the GRANTEE under the Grant.
20. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Grant Agreement immediately or as soon as practicable to the
COMMERCE Representative identified on the Face Sheet.
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
Attachment B – Certification of the Availability of Funds to Complete the Project
Attachment C – Certification of the Payment and Reporting of Prevailing Wages
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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 Grantor,
including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile
transmission of a signed copy of this contract 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. "Subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part
of those services under this Grant under a separate contract with the Grantee. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Special Terms and Conditions.
Administrative services shared by other programs shall be assigned to this Grant based on an allocation
plan that reflects allowable administrative costs that support services provided under each Grant
administered by the Grantee. An approved current federal indirect cost rate may be applied up to the
maximum administrative budget allowed.
3. ALLOWABLE COSTS
Costs allowable under this Grant are actual expenditures according to an approved budget up to the
maximum amount stated on the Grant Award or Amendment Face Sheet.
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 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.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the “ADA” 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. APPROVAL
This contract shall be subject to the written approval of COMMERCE’s Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
written amendment executed by both parties.
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8. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE. For the purpose of the CHIP contracts, which
require a city, county or public utility sponsor of the affordable housing project, Commerce preapproves
the grantee to assign this contract to their affordable housing partner. In this case, all requirements and
contract terms flow to the assignee’s subcontractors, specifically section 11, certification regarding
debarment, and section 40, subcontracting, of the General Terms and Conditions. After assignment,
all references to Grantee shall mean Grantee’s assignee.
9. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other action
brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs.
10. 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:
1. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200, reports
required by the program-specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
2. 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 the Federal Audit Clearinghouse.
https://facides.census.gov/Account/Login.aspx
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
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 contract, 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 contract 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 contract, the Grantee shall
attach an explanation to this contract.
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C. The Grantee agrees by signing this contract 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 contract 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
i. The lower tier contractor certifies, by signing this contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier contractor is unable to certify to any of the statements in this contract,
such contractor shall attach an explanation to this contract.
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.
12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as “confidential” by
COMMERCE;
2. All material produced by the Grantee that is designated as “confidential” by COMMERCE; and
3. All personal information in the possession of the Grantee that may not be disclosed under state
or federal law. “Personal information” includes but is not limited to information related to a
person’s name, health, finances, education, business, use of government services, addresses,
telephone numbers, social security number, driver’s license number and other identifying
numbers, and “Protected Health Information” under the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
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 Grantor 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
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.
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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.
14. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
15. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the Grantee terminate this contract 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, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any
person employed in any capacity by the state of Washington that worked on the Commerce program
administering this contract, including but not limited to formulating or drafting the legislation,
participating in grant procurement planning and execution, awarding grants, and monitoring grants,
during the 24 month period preceding the start date of this Grant. Identify the individual by name, the
agency previously or currently employed by, job title or position held, and separation date. If it is
determined by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from
further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the Contractor as it could pursue in the event of a breach of the contract by the
Grantee. The rights and remedies of COMMERCE provided for in this clause shall 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 be an issue and may be reviewed as
provided in the “Disputes” clause of this contract.
16. COPYRIGHT PROVISIONS
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 Grant, 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.
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17. DISALLOWED COSTS
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
18. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Grant number; and
be mailed to the Director and the other party’s (respondent’s) Contract 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 requestor within 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 shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action 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.
19. DUPLICATE PAYMENT
The Grantee certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
20. 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.
21. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state
of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state,
for, from and against all claims for injuries or death arising out of, or resulting from, the performance of
the contract. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or
expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or
death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The Grantee’s obligation to indemnify, defend, and hold harmless includes any claim by Grantee’s
agents, employees, representatives, or any subcontractor or its 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 subcontractor’s performance or failure to perform the contract.
Grantee’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated or
reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees
and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
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GENERAL TERMS AND CONDITIONS
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22. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor 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 as or claim to be an officer or
employee of COMMERCE or of the state of Washington by reason 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 of the work will be solely with the Grantee.
23. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. 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 law, COMMERCE may collect from the 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 the Grantee by COMMERCE under this Grant,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of
Insurance Services. This provision does not waive any of L&I’s rights to collect from the Grantee.
24. 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.
25. 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.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation
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.
27. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
contracts with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure
this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth
herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
28. PAY EQUITY
The Grantee agrees to ensure that “similarly employed” individuals in its workforce are compensated
as equals, consistent with the following:
A. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles 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:
(i) A seniority system; a merit system; a 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.
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GENERAL TERMS AND CONDITIONS
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(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a 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.
29. POLITICAL ACTIVITIES
Political activity of Grantee 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.
30. PREVAILING WAGE LAW
The Grantee certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing
Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Grantee shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE’s review upon request.
31. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Grantee which is a local government or Indian Tribal government must establish procurement policies
and procedures in accordance with 2 CFR 200 for all purchases funded by this contract.
All recipients of funds under this Contract, including Contractor and subrecipients or subcontractors of
any tier, must follow the procurement standards in 2 CFR §§ 200.318 through 200.327, including
ensuring that the procurement method used for the contracts are appropriate based on the dollar
amount and conditions specified in 2 CFR § 200.320.
The Grantee’s procurement system should include but not necessarily be limited to, the following:
A. General procurement standards 2 CFR § 200.318. A code or standard of conduct that shall
govern the performance of its officers, employees, or agents engaged in the awarding of
contracts using federal funds.
B. Competition 2 CFR § 200.319. Procedures that ensure all procurement transactions shall be
conducted in a manner providing full and open competition consistent with the standards of this
section and § 200.320.
C. Methods of procurement to be followed 2 CFR § 200.320.
D. Contracting with small and minority businesses, women’s business enterprises, and labor
surplus area firms 2 CFR § 200.321.
E. Domestic preferences for procurements 2 CFR § 200.322.
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Grant provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as
project costs.
44
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
16
33. PUBLICITY
The Grantee agrees not to publish or use 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 of COMMERCE.
34. RECAPTURE
In the event that the Grantee fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, 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 contract.
35. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this contract
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 contract.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the contract, 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.
36. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
37. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee’s performance under this Grant shall be subject
at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State Auditor,
and federal and state officials so authorized by law, in order to monitor and evaluate performance,
compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities
for this purpose.
38. 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" clause, without the ten business day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
39. SEVERABILITY
The provisions of this contract 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 contract.
45
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
17
40. SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE. Commerce approves Rod’s House, the Developer, as a subcontractor under
this Contract.
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 Subcontractor to follow all applicable terms of this Grant. The Grantee
is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition
of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor 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 Subcontractor’s performance of the subcontract.
41. 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 Grant shall
so survive.
42. 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.
43. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, 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 contract 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 contract and the replacement or
cover contract 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 contract, 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 contract. 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 contract are not exclusive and are, in addition
to any other rights and remedies, provided by law.
46
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
18
44. 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.
45. TERMINATION PROCEDURES
Upon termination of this contract, 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 contract 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 contract.
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 contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee, under the orders and 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 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 contract 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 contract, which is in the possession of
the Grantee and in which COMMERCE has or may acquire an interest.
46. 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 contract, 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 contract,
shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of
47
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
19
this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii)
reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this contract.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this contract
All reference to the Grantee under this clause shall also include Grantee’s employees, agents or
Subcontractors.
47. 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.
48. WORK HOURS AND SAFETY STANDARDS
The Grant Work Hours and Safety Standards Act (40 U.S.C. 327-333)-Where applicable, all contracts
awarded by recipients in excess of $100,000 for construction and other purposes that involve the
employment of mechanics or laborers must include a provision for compliance with Section 102 and
107 of the Grant Work Hours Safety Standards Act (40 U.S.C. 327-333), as supplemented by
Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is
required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides
that no laborer or mechanic is required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
48
Attachment A
20
SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures for the Rod's House project, a 12-
unit affordable housing development in Yakima. The location of the project is: 1011 East Chestnut
Avenue, Yakima, WA 98901. Project activities will include and be limited to the construction of the
following utility improvements; all measurements are approximate:
Water utility improvements: Water must be brought in from the street and a fire line must also be
constructed. The services include 106 feet of 2-inch domestic water, 120 feet of 4-inch fire
sprinkler water, and 90 feet of 4-inch piping for a remote fire department connection. The water
taps include a 1-inch saddle service, a 2-inch saddle service, a 4-inch tee, valves, a meter, a post
indicator valve, and a fire department connection.
Sewer utility improvements: The existing sewer line is behind the property, and must be located,
stubbed out, and connected to the new building. An existing sewer main runs across the project
property in an easement just north of the proposed building. There is no existing sewer in the
right-of-way. The project’s sewer service connection consists of approximately 19 feet of 6-inch
sewer pipe, a sampling manhole, and cleanouts at bends. Installation of the sewer service also
includes trenching down to the existing sewer to make the service connection.
Stormwater utility improvements: Stormwater will be retained on site with bio-infiltration swales
and infiltration galleries,, which will involve excavation, importing pervious material, and
significant plantings to absorb runoff from the 7,000 square foot development and parking lot. The
bio-infiltration swales provide treatment for runoff from the parking lot and consist of 18 inches of
free-draining soil that treats pollutants in the runoff and landscape plantings. Infiltration galleries
placed below these swales consist of rounded drain rock to provide storage capacity and to
promote infiltration through the gallery bottoms, as well as filter fabric to separate the galleries
from fine soil particulates. Runoff from the roof, hardscape pedestrian areas, and landscape
areas utilizes 6-inch storm pipe and sheet flow to collect in Nyloplast (HDPE) drain basins.
This project is expected to be complete by March 15, 2023.
The “Copyright Provisions”, Section 16 of the General Terms and Conditions, are not intended to apply to
any architectural and engineering design work funded by this grant.
Based on the criteria within the state capital budget, SSB 1080 Sec 1074, (Laws of 2021), and criteria
developed by Commerce to ensure the terms of the appropriation are met, all grants must meet the
following criteria:
Applicant must be a city, county or public utility district, applying in coordination with the
developer of a multi-unit affordable housing project, located within a jurisdiction that imposed a
sales and use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B), 82.14.540, or 84.52.105.
49
Attachment A
21
The utility project must serve new multi-unit affordable1 housing projects that serve and benefit
low-income households.2 If the project is a mixed-income project, the affordable portion of the
development must be at least 25%.
The affordable housing project should be part of a program that will monitor affordability for a
minimum of 25 years, such as the Housing Trust Fund, low-income housing tax credits, housing
authority, or a city monitoring process. A covenant and/or note and deed of trust may be required
as part of securitization to ensure affordability.
1 “Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental
occupancy which, as long as the same is occupied by low‐income households, requires payment of monthly
housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. In the
context of homeownership, the definition from the Housing Trust Fund Handbook applies (Section 701.7):
“affordability occurs when a household’s monthly housing costs are generally no more than 38 percent of monthly
household income and total debt is no more than 45 percent of monthly household income. Housing costs include
mortgage principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease
fees, as applicable. Total debt includes other debt and utilities.”
2 "Low‐income household" has the same definition as in RCW 43.185.010(6), and means a single person, family or
unrelated persons living together whose adjusted income is less than eighty percent of the median family income,
adjusted for household size, for the county where the project is located.
50
Attachment A
22
CERTIFICATION PERFORMANCE MEASURE – SCOPE OF WORK
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE as of the date and year written below.
______________________________________ __________________________
Bob Harrison, City Manager DATE
How this project meets criteria for APRA SLFRF Projects
This project aligns to the Expenditure Category 3 of ARPA SLRF, services to Disproportionately Impacted
Communities, Housing Support: Affordable Housing EC 2.15,3 Under ARPA’s SLFRF guidance, funding
for this grant falls under the category of responding to “Public Health and Economic Impacts” of the
COVID-19 public health emergency. Within that category of eligible actions, this program is intended to
“Building Stronger Communities through Investments in Housing and Neighborhoods” by serving those
communities that were hardest hit by the pandemic through investments in affordable housing
development. Eligible services include: Affordable housing development to increase supply of affordable
and high quality living units. Supporting the development of affordable housing is important to address a
limited supply of housing, some of which is inadequate, or of poor quality.4 The Interim Final Rule
supports this finding by stating that “both the public health and economic impacts of the pandemic have
fallen most severely on communities and populations disadvantaged before it began” including “low
income communities, people of color, and Tribal communities.”5
3 https://home.treasury.gov/system/files/136/SLFRF‐Compliance‐and‐Reporting‐Guidance.pdf
4 See specific language at printed pages 26795 and 26796 of the Interim Final Rule to implement the Coronavirus
State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under ARPA).
5 Ibid, page 26787.
51
Attachment B
23
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT
Type of Funding Source Description and purpose Amount
CHIP Grant Washington State Department of Commerce $185,352
Other Grants
Grant #1
Grant #2 $
Total Other Grants $0.00
Other Loans
Loan #1 $
Loan #2 $
Total Loans $0.00
Other Local Revenue
Source #1 $
Total Local Revenue $0.00
Other Funds
Source #1 $
Source #2 $
Total Other Funds $0.00
Total Project Funding $0.00
CERTIFICATION PERFORMANCE MEASURE - AVAILABILITY OF FUNDS
The GRANTEE by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement has either been expended for eligible Project expenses, or is committed in writing
and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year
written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has
access to the funds needed to complete the Project, and shall make such records available for
COMMERCE’s review upon reasonable request.
______________________________________
Bob Harrison, City Manager
_____________________________________
DATE
52
Attachment C
24
CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
Project funded by this Grant Agreement, including but not limited to the filing of the “Statement of Intent to
Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. See section 8 of the
Special Terms and Conditions and section 30 of the General Terms and Conditions.
Before invoices are paid, the “awarding agency” must provide documentation of the “intent to pay
prevailing wages”. Before the final funds are paid from the state, an “affidavit of wages paid” from L&I
must also be provided. The GRANTEE or assignee, shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE’s review
upon request.
CERTIFICATION PERFORMANCE MEASURE – PREVAILING WAGES
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE and their subcontractors as of the date and year written below.
______________________________________
Bob Harrison, City Manager
_____________________________________
DATE
53