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HomeMy WebLinkAboutR-2022-128 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" projectA RESOLUTION RESOLUTION NO. R-2022-128 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 9 rant. 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. AT ADOPTED BY THE CITY COUNCIL this 20th •�jf September, 202 Sonya aar Tee, City Clerk Janice Deccio, ayor C� IJUI.UOIyI I CI IVCIUpe IV. JOO/ tJOrr-u.. t I-YIJ 10-P1VYO JY I000/ /OLUU .lr. Washington State Department of 1P.J Commerce 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 vuLuoiyli CI Ivciup Iv JOO/ vOr r-UVN I-9v IO-/YOYD-U+ I UOUI!OLJJ THIS PAGE INTENTIONALLY LEFT BLANK V VI.uoly I CI I VCIVp e I V. 000 / uorr-JI.Y I-YLJ I o-mr+a-LPY 1 VOV I/ OLJJ TABLE OF CONTENTS 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 LJUI.UJIy.it CIIVCIUpC IV JOO/IJOrr-:1lJY I-YV IO-/1OYO-JY IVOU! ! OL" 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 ii L.JI.UJIIyI I I I I VCIUpe ILJ. JDO / UOrr-Jt...'t I -YIJ I O-MOYD-J'+ 1000 / I DLUU FACE SHEET Contract Number: 22-96720-031 Washington State Department of Commerce Local Government Division, Growth Management Unit Connecting Housing to Infrastructure Program (CHIP) 1. Contractor City of Yakima 129 North Second Street Yakima, WA 98901 2. Contractor Project Rod's House 1011 East Chestnut Avenue Yakima, WA 98901 3. Contractor Representative Joan Davenport Director of Community Development (509)576-6417 Joan.davenport@yakimawa.gov 4. COMMERCE Representative Eric Guida PO Box 42525 Senior Planner 1011 Plum St SE (360)725-3044 Olympia, WA 98504-2525 eric.guida@commerce.wa.gov 5. Contract Amount $36,598 6. Funding Source Federal: ❑ State: /1 Other: ❑ N/A: ❑ 7. Start Date July 1, 2021 8. End Date June 30, 2023, subject to re -appropriation through June 30, 2025 9. Federal Funds (as applicable) 10. Federal Agency CFDA Number: NA NA NA 10. Tax ID # 11. SWV # 007122-02 12. UBI # 397-005-272 13. DUNS # 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 .—DocuSigned by: �� Res FOR COMMERCE DocuSigned by: Bob9 3Cur,/8u54A Harrison, City Manager 9/26/2022 1 3:20 PM PDT 3 BO 8 5C45 Mare% iiart tey, Assistant Director, Local Government Division 9/26/2022 18:32 PM PDT Date /,/- CITY CONTRACT NO:`^4Gda .-1U'4' Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE RESOLUTION NOIZ.a)z.- lax Last revision 10/13/2020 1 IJUI.UJIIylI CII VCIUpe IV JOOI VOrr-JI..Y I-4V IO-/1U4O-J41000/ / OLUU SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 2 VUI.UJIyII CI IVCIVIJC 1V. JOO/ VOf r-UL.'t 1-YV I0-/1VYO JY I VOL/ / / OLDJ SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 all 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. 3 L/UL.UJ11j11 CI I VCIUpe IL). JOO/ L/Orr-JI,Y I -Y L/ I O-/10YIJ-JY I VOL, / / OLUU SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 4 VuLuJIyll GIIVCIUp.JC IV. JOO/ IJorr-Jt.41-4 U 10-Mu4O-. l UOUI l OL.7V GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 5 LJv..UJlyI l CI I VCIU )C IL/. JDO / LJOrr-:Jl'4 I -YL! I O-MOYD-JY I VOL/ I / OLU' GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 6 uuLuoiyll LiIVelupe Iu JOo/ uorr-JL.4 I-4u IOY1u4D-aY l000/ / 1:3c.7.7 GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 7 LJULUJIyII GI IVCIUIJC IL/ JJO / L/OI I--Jli4 I-VL/ I O-/1VY1J-JY I VOL)/ / JLJJ GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 8 LJUI.UOIyI I CI I VCIUfJC ILJ. JOO! L/Orr-ul,4 I-YL! I O-'1VYO-LPY I UOU/ / OLDS GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 9 LJVI.UOIy I I CI IVCIVF/C ILJ. poo/ LJ0rr-Ol'91-9LJ 10-/10Yo-OY I VOU/ IOLUO GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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 10 L/ULUJILyII GII VCIUFIC IV JD0/ LJOrr-UL.+ I-YL/ I O-/10ND-JY 1000/ / DLUU GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 11 Llul.0 JlyI C llvelupe IL/ JDO/ L/orr-JL.Y I-•fL. l 0-/Y0•+D-JN I Vou/ ! OLUU GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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; 12 VUULIJIyI I CI I VCIUpe Ill JOO/ IJOrr-:JlJ4 I-41J Io-MU4O-:J41 UOU/ /OL.7J GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 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. 13 IJVI..u. IyI1 GIIVCIVIJC ILJ JOO/IJOrr-Jl'N I WV I O-/10Y0-JY 1000//OLJU 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 affordable' 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. "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. 14 VULUOIIyII CI IVCIUpe IV. JOO/ VOr r-UI,Y IWV IO-MUYC-a'+ I0001 / OL0.7 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 15 DocuSign Certificate Of Completion Envelope Id: 3B87D8FF5C414D18A64B54168677B299 Subject Please DocuSign- COM 22-96720-031 CHIP SDC Yakima Rods House Final Contract.pdf Division: Local Government Program: CHIP ContractN u mber: 22-96720-031 DocumentType: Contract Source Envelope: Document Pages 19 Signatures: 2 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status Original 9/26/2022 11:18:16 AM Security Appliance Status Connected Storage Appliance Status: Connected Signer Events Robert Harrison sy.rwz@yakimawa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2022 3-20:15 PM ID:691644a64893-4492-bc4a-30d8b4dd8cb2 Mark Barkley mark.barkley@commerce.wa.gov Assistant Director Washington State Department of Commerce Security Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Holder: Ashley Murphy ashley murphy@commerce.wa.gov Pool: StateLocal Pool: Washington State Department of Commerce Signature p—DocuSigned by '—C9813C0F28054A4 Signature Adoption: Pre -selected Style Using IP Address: 205.172.45.253 —DocuSigned by &tat 15 80312B04865C458 Signature Adoption: Pre -selected Style Using IP Address: 71.161.78.150 Signed using mobile Signature Status Status Status Status Status Status: Completed Envelope Originator: Ashley Murphy 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 ashley.murphy@commerce.wa.gov IP Address: 147.55.134.92 Location: DocuSign Location: DocuSign Timestamp Sent: 9/26/2022 11:20:22 AM Viewed: 9/26/2022 3:20:15 PM Signed 9/26/2022 3:20:44 PM Sent: 9/26/2022 3:20:46 PM Viewed 9/26/2022 8:32:36 PM Signed: 9/26/2022 8:32:47 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Carbon Copy Events Dave Andersen dave.andersen@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Paul Johnson paul.johnson@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events Status COPIED COPIED Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status Electronic Record and Signature Disclosure Timestamp Sent: 9/26/2022 8:32-48 PM Sent: 9/26/2022 8:32:49 PM Timestamp Timestamp Timestamps 9/26/2022 11:20:22 AM 9/26/2022 8:32:36 PM 9/26/2022 8:32:47 PM 9/26/2022 8:32:49 PM Timestamps C ICL.LI UI IIL. flet,1„)1U dI IU LJIJUIUJUIC L.ICdLCU UI 1. 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By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.1. 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, Al CP, 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: 2 Description Upload Date D Resolution CHIP Rods House 9/8/2022 D Contract SDC CHIP RodsHouse 9/9/2022 D Contract_UI_CHIP_RodsHouse 9/9/2022 Type Resolution Contract Contract DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C asliglop S Dep e t t of 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 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C TABLE OF CONTENTS Face Sheet .iv 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 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C 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 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C 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 City of Yakima 129 North Second Street Yakima, WA 98901 3. Grantee Representative Joan Davenport Community Development Director (509)576-6417 joan.davenport©yakimawa.gov 5. Grant Amount $148,754 2. Project Name and Address Rod's House 1011 East Chestnut Avenue Yakima, WA 98901 4. COMMERCE Representative Eric Guida CHIP Program Manager (360)725-3044 eric.guida@commerce.wa.gov 6. Funding Source Federal: r State: fl Other: L N/A: 9. Federal Funds (as applicable) $148,754 10. SVVV # 007122-02 11. UBI # 397-005-272 Federal Agency US Dept. Treasury 12. DUNS # 07-8212651 7. Start Date July 1, 2021 PO Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 8. End Date June 30,2023, subject to reappropriation through June 30, 2025 ALN (CFDA #): 21.027 13. UNIQUE ENTITY ID # 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 by: hrvisav, CITY CONTRACT NO. RESOLUTION NO: ,4City Manager 10/6/2022 I 9:47 AM PDT Date APPROVED AS TO FORM ONLY N/A Name N/A Date FOR COMMERCE p--DocuSigned by: 114.44 ‘-"MarietiAgy, Assistant Director, Local Government Division 10/6/2022 I 10:16 AM PDT Date APPROVED AS TO FORM ONLY Sandra Adix, Assistant Attorney General March 31, 2022 Date 000unignEnvelope ID: o*FrAl 1 A-6168-4953*2oo-56o9oF666*5n DECLARATIONS CLIENT INFORMATION GRANTEE Name: City ofYakima Grant Number: 22-96720'215 PROJECT INFORMATION Project Name: Rod'sHouoo Project Addraoo:1O11 East Chestnut Avenue Project City, State Zip Code: Yakima, WA 98901 GRANT INFORMATION' Grant Amount: Appropriation Number: Re -appropriation Number (if app|iceble): Grant End Date: Biennium: Biennium Close Date: Earliest Date for Reimbursement: Time of Performance: FUNDING INFORMATION Federal Funding: $148.754 2021 Washington State Capital Budged, SS131080. Section 1074 June 3O.2O23.iffunds are not . Grant End Date maybe extended contingent on neapppmprimtimn 2D31-2U23 June 3D.2O23 March 3.2O31 hnaccordance with Special Terms and Conditions Number 4 Sec. GU2CmronmvinuoState Fiscal Recovery Funds of Title VI of Social Security Act as added by American Rescue Plan Act of2O31(ARPAor"Act^). Title |X. Subtitle YN, Sec. 9901. Public Law 117-2. codified at 42 U.S.C. 802 et seq. Federal Award Agency: USDepartment ofTreasury Amount mfFederal Funds Obligated bythis Action: $148.754 ,ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT _ Extension of Grant Upon Reaporopriation. Notwithstanding General Term and Condition No. 4.the End Date ofthis Grant may beextended upon written notice to Grantee from Commence for mperiod oftime 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, amendment in accordance with General Term and Condition No. 4 may be required to extend the End Date. Last revision11/23/3O21 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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. 2 SPECIAL TERMS AND CONDITIONS CAPITAL FEDERALFUNDS 6. gU00NG PROCEDURES AND PAYMENT COMMERCE ahmU reimburse the GRANTEE for eligible Project axpenditureo, up to the maximum payable under this Grant Agreement. When requesting reimbursement for expenditures made, the GRANTEE shall submit boCOMMERCE 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 COK8K8ERCE's Grants Management System (CMS), which is available through the Secure Access Washington (SAM portal. The invoices shall describe and document, to COK8yNERCE'o ooUsfection, 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 terminntad, within fifteen (16) days following the end of the state biennium unless Grant Agreement funds are noeppnnprinted by the LmQio|etuno in oonondmnoo with Additional Gpmnim| Terms and Conditions set forth inthe Declarations page above. Each request for payment must boaccompanied by: ° a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, aowell aoareport ofProject status todate. 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 OFTHE PAYMENT AND REPORTING OFPREVAILING WAGES. • A reportable expenses form as detailed in Section 7 of Special Terms and Conditions, SUBCONTRACTOR DATA COLLECTION. COMMERCE will pay GRANTEE upon acceptance ofservices provided and receipt of properly completed invoices, which shall besubmitted to the Representative for COMMERCE not more often than monthly. Payment shall beconsidered timely ifmade byCOMMERCE within thirty (38) calendar days after receipt of properly connp|ahmd invoices. Payment mhm|| be sent to the address designated by the Grantee. COMMERCE may, inits sole discretion, terminate the Grant orwithhold payments claimed bythe 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 bmmade byCOMMERCE. Invoices and End ofFiscal 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 30th and Commerce will provide notification ofthe end offiscal 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. puAiicationof 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 eouncm, including grants, for that service. 3 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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 Clean ghouse. htts.//facides.census. Q.ov/Account/Login.asx 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. 4 ovouaignEnvelope ID: o4rr*11x*1 SPECIAL TERMS AND CONDITIONS CAPITAL FEDERALFUNDS ii. Have not within athree-year period preceding this Grant, been convicted of or had ocivil judgment rendered against them for commission of fraud or m criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or tosnoaction, violation of Fadmno| or State antitrust statutes or commission of mmbazo|amanL theft, hzrQery, bribery, falsification or destruction of naoondn, making false obabsmontu, tax avaoion, receiving stolen propedy, making false o|oimn, or obstruction of justice; 0L Are not presently indicted for orotherwise criminally or civilly charged by governmental entity (Fadenu|. State, or |ooe|) with commission of any of the offenses enumerated in paragraph (1)(b)cffederal Executive Order 1254Q;and iv. Have not within n 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. VVhmno the Grantee is unable to certify to any of the statements in this Grant, the 8nanbaa aho|| attach onexplanation tothis Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with o person who is debarred, auapmndad, declared inm|igib|e, orvoluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. Grantees should noviom/ section 14 of the Special Tanna and Conditions for information on documenting that any subcontractors are not onthe 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 modifivatinn, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i The lower tier (3nontae oortifimo, 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. mJhmnm the lower tier 8nsnboe is unable to certify to any of the statements in this Grant, such contractor shall attach onexplanation tothis Grant. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, aoused inthis section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 1254Q.You may contact COMMERCE for assistance inobtaining ocopy ofthese regulations. 11.`UNSWRANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall baresponsible for losses for which itiofound liable. 12..COMNPLAANCE WITH APPLICABLE ~LAW yAND REGULATIONS A. Grantee agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f]l of the Act, and guidance issued by Treasury regarding the foregoing. Grantee also agmoma to comply with all other applicable federal mtmtubmm, nagu|etiono, and owoouUxm orders, and Grantee shall provide for such compliance by other parties in any agreements it enters into with other parties relating bothis award. B. Federal regulations applicable tothis award induds, but are not necessarily limited to the following: _ i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awmrdo, 2 C.F.R. Part 300. other than such provisions an 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 Guidanom, implementing the Single Audit Act, shall apply tothis award. 5 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C SPECIAL TERMS AND CONDITIONS CAPITAL FED2RALFUNDS ii Universal Identifier and System for Award Management (SAM).2C.F.R.Part 25.pursuant bowhich the award term set forth inAppendix Abo2C.F.R.Part 25ishereby incorporated by reference. iii. Reporting Gubaxmand and Executive Compensation Information, 2 C.F.R. Pad 170. pursuant to which the award bmnn set forth in Appendix Aho 2 C.F.R. Part 170 is hereby incorporated byreference. iv. OMB Guidelines boAgencies on Government wide Debarment and Suspension (Non - procurement), 3 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.Pad 18O.subpart B)that the award issubject to C.F.R.Part 18Oand Treasury's implementing regulation at31 C.F.R.Part 1Q. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Pad2UO. Appendix X|| 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 onLobbying, 31C.F.R.Part 21. xiii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4GO1'4G55)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 tothis award ino|ude, but are not necessarily limited tothe following: i. Title V| of the Civil Rights Act of 1864 (42 U.S.C. §§ 3000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of nmoe, no|or, or national origin under programs or activities receiving fadono| financial assistance; ii. The Fair Housing Act, Title V|||ofthe Civil Rights Act of18G8(42U.S.C. §§3GO1mt aeq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, aox, familial atatuo, or disability; iii. Section 504 of the Rehabilitation Act of 1073, as amended (29 U.S.C. § 794). which prohibits discrimination on the basis of disability under any program or activity receiving federal financial aeoietonoa� . k/. The Age Discrimination Act mf 1976. as amended (42 U.S.C. §§ 6101 etoeq.). and Treasury's implementing regulations at31 C.F.R. Pad 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title ||oythe Americans with Disabilities Act of189O.amamended (42U.S.C. §§12101 at seq.), which prohibits discrimination on the basis of disability under prognome, activiUem, and emmioam provided or mode available by state and local governments or instrumentalities oragencies thereto. 13.FEDERAL EXCLU����N These terms add to the hmnno in GauUon 13 Certification Regarding OmbannmnL Suspension or Ineligibility and Voluntary Exclusion — Primary and Lower Tier Covered Transactions in General Terms and Conditions. The Grantee also agrees bmaccess the Fadano| Exclusion List otvmxmv.snm.qov and provide Federal Exclusion documentation to Commerce and to keep a copy on file with the Grantee's project records. 0 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 14. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT fSAM1 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 (httos://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). 7 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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 8 DocuSign Envelope ID: 34rFA11A-6168-495*82Ca-56B9oF66545 GENERAL TERMS AND CONDITIONS CAPITAL FEDERALF0N0S t DEFINITIONS Aoused 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 onthe Director's behalf. B. "COMMERCE"shall mean the Department ofCommerce. O. ^Qnont"or"Agraement means the entire written agreement between COMMERCE and the Grantor, including any Exhibdo, douumanta, 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 ofthe 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 actixiUao, addreooma, telephone numbano, 000ie| security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ^Gtaba^ shall mean the state ofWashington. Q. "Subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part of those oomi000 under this Grant under n oapmnaba 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 bythe Grantee. Anapproved current federal indirect cost rate may bmapplied upbothe 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 onthe Grant Award orAmendment Face Sheet. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon bythe parties. Noother understandings, oral orotherwise, regarding the subject matter ofthis Grant shall badeemed toexist orbobind any of the parties hereto. 5. AMENDMENTS This Grant (3oant 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 LITiES ACT |(ADA)OF`1990,`PUBLIC 'LAW 101-336.also .referred to as The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public a000mmodaUnne, state and local government services, and telecommunications. 7' APPROVAL This contract shall be subject to the written approval of COMMERCE's Authorized Representative and ohoU not be binding until so approved. The contract may be o|tanad, amonded, or waived only by o written amendment executed byboth parties. 9 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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. 10 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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. 11 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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. 12 GENERAL TERMS AND CONDITIONS CAPITAL FED2RALFWN0S 17. DISALLOWED COSTS The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 18LCNSPUT2S Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct nogodiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate aneutral person hodecide the dispute. The request for odispute hearing must: � be in writing; = state the disputed issues; � state the relative positions ofthe 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 raqueeborwithin 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 ognoa that this dispute process shall precede any action in ojudioia| or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of 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, orother 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. UNDEMN|F|CAT��� _ _ 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, mrinjury bzorthe destruction cftangible property including loss ofuse resulting therefrom. The Gnmnbmm'n obligation to indamnify, dmfend, 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 8nsnboe'e or any subcontractor's performance or failure to perform the contract. Gmonham'o obligation to indomnify, dafend, and hold harmless the State shall not be eliminated or reduced byany actual or alleged concurrent negligence ofState orits agents, mgmnciao, employees and officials. The Grantee waives its immunity under Title 51 RCVVtothe extent itiarequired boindemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 13 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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. 14 GENERAL TERMS AND CONDITIONS CAPITAL FE0ERALFWNDS (ii) A bona fidejoh'relatod factor or factors may induda, but not be limited to, education, training, orexperience that is: Consistent with business necessity; not based mnmrderived from a gender -based differential; and accounts for the entire differential. (ii0Abona fide regional difference incompensation level must be: Consistent with business necessity; not based on or derived from m gander booed differential; and account for the entire differential. This Grant may be terminated by the Department, if the Department mthe Department of Enterprise services determines that the Grantee ionot incompliance with this provision. 29.PO0l0CAL ACTIVITIES Political moUxdy of Grantee employees and officers are limited by the Gbube Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 '15O8. 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 onthe 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 VVogee^ and ''/#7daxit of Wages Paid" an required by RCVV 39.12.040. The <3nontem shall maintain records sufficient to evidence compliance with Chapbar3B.12 RCVV, and shall make such n000nde available for CC)K0K8ERCE'a review upon request, 31' PROCUREMENT STANDARDS FOR FEDERALLY 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 one appropriate based on the dollar amount and conditions specified in2 CFR § 200.320. The Grantee's procurement system should include but not necessarily be limited to, the following: A. General procurement standards 2CFR § Acode or standard of conduct that shall govern the performance ofits officers, amp|oyeea, or agents engaged in the awarding of contracts using federal funds. B. Competition 2 CFR § 200.319. Pnooadunan that ensure all procurement transactions shall be conducted in a manner providing full and open competition consistent with the standards of this section and § 200320. C. Methods ofprocurement bo be followed 2 CFR 4 20& 320. O. Contracting with small and minority buoineomeo, woman'a business enterprises, and labor surplus area firms 2CFR§ 200,321' E. Domestic preferences for procurements 2 CFR § 200322. 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, nrother such omrvicea, other than actual oo|icitaUon, one not hereby prohibited if otherwise eligible as project costs. 15 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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. 16 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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. 17 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 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 18 GENERAL TERMS AND CONDITIONS CAPITAL FEDERALPWNDS this contract, or (ii) commencement of use of such property inthe performance of this contract, or(ii0 reimbursement ofthe cost thereof byCOMMERCE inwhole orinpart, whichever first occurs. A. Any property ofCOMMERCE furnished to the CSnontae ohoU, unless otherwise provided herein or approved byCOMMERCE, bmused only for the performance ofthis 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 bu maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is |oat, destroyed or damaged, the (3nanboe shall immediately notify COMMERCE and shall take all reasonable steps toprotect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination orcancellation ofthis contract All reference bmthe Grantee under this clause oho|| also include Grantee's omp|oyeem, agents or Subcontractors. 47.WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequentdefault orbreach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such inwriting and signed byAuthorized Representative ofCOMMERCE. 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 axneam of$1OO.00O for construction and other purposes that involve the employment ofmechanics or laborers must include m provision for compliance with Section 103 and 107 of the (3nmnt Work Hours Safety Standards Act (40 U.S.C. 337'333), 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 in permissible provided that the worker is compensated at nnb» of not |aoo than 1 1/2Umeotha basic nsto ofpay for all hours worked in mxoeoo 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 odio|eo ordinarily available on the open mmrhat, or contracts for transportation or transmission of intelligence. 19 DocuSign Envelope ID: 34FFA11A-6168-4953-82CB-56B9DF66545C Attachment A SCOPE OF WORK Funds totaling $148,754 awarded under this grant contract 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 approximately 106 feet of 2-inch domestic water, approximately 120 feet of 4-inch fire sprinkler water, and approximately 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 approximately 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. 20 Attachment A The utility project must serve new multi -unit affordablel housing projects that serve and benefit low-income kouoeholdo.2|Ythe project kuamixed-income project, the affordable portion cfthe development must be at least 25%. The affordable housing project should be part of a program that will monitor affordability for a minimum o735years, aunhootheHmusingTruxtFund.|ow'incomehomsinQtnxcredds.houoing authority, or a city monitoring process. A covenant and/or note and deed of trust may be required eapart ofomnuritizoUontmensure affordability. ' "Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental occupancy which, aslong osthe same isoccupied by|ow-incomehouseho|ds, requires payment ufmonthly housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. In the context ofhomeownership, the definition from the Housing Trust Fund Handbook applies (Section 7O1.7): ,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, asapplicable. Total debt includes other debt and uti|ities.^ I "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 islocated. 21 Attachment A CERTIFICATION PERFORMANCE MEASURE _ SCOPE OF The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved bythe GRANTEE aoofthe date and year written below. /_DocaSigne *by: P�*�&~msbw 10/6/2022 | 9:47 AM por ���Nrrnsmn^bity.Manager How this project meets criteria for APRA SLFRFProjectm This project aligns to the Expenditure Category 3 of ARPA SLRF, services to Disproportionately Impacted � CommuniUme.Housing 8uppod: Affordable Housing E��2.16. Under ARPA'o8LFRFguidance, funding for this grant falls under the category of responding to "Public Health and Economic Impacts" ofthe COVID-1 9 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 pandernic through investments in affordable housing development. Eligible services include: Affordable housing development boincrease supply myaffordable 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 ofcolor, and Tribal oommuniUes.^» �Nttps:Hhome.treasury.gov/syatem/O|es/135/5LFRF-Compliance' nd'Repordng-Guidance. pdf See specific language at printed pages 26795 and 26796 of the Interim Final Rule to implement the Coronavirus State Fiscal Recovery Fund and the Co,onavirus Local Fiscal Recovery Fund established underARPA). '|bid'page Z57D7. 22 Attachment B CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT Washington State Department of Commerce State Housing Trust Fund $4300.000 Yakima County 2O18-2D2OBiennium $99.218 Yakima County 3O2O'2O23Biennium CERTIFICATION PERFORMANCE MEASURE - AVAILABILITY OF FUNDS $195,500 '--------- --' 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, oriocommitted inwriting 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 CC)KXK8ERCE'areview upon reasonable request. ~--om.w�~*ur Bob-H6ftis&H',' City Manager 23 Attachment C CERTIFICATION OFTHE PAYMENT AND REPORTING OFPREVAILING 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 inChapter 3S.12 RCVV.eoapplicable bmthe Project funded by this Grant Agreement, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and ^/#fidovitofWages Paid" aorequired byRCVV38.12.D4O.See section 8ofthe 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. rooc"mvneu*r rL� Ramwu Bob Mnson��,Abity Manager 24 Sign Certificate Of Completion Envelope Id: 34FFA11A6168495382CB56B9DF66545C Subject: Complete with DocuSign: COM 22-96720-214 CHIP UI Yakima Rods House Contract.pdf Division: Local Government Program: CHIP ContractNumber: 22-96720-215 DocumentType: Contract Source Envelope: Document Pages: 29 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 10/5/2022 4:14:57 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Robert Harrison sy:ruiz(gyakimawa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 10/6/2022 9:47:19 AM ID: 0dd3f358-ed8f-49b4-9379-a8b1362dace3 Mark Barkley mark barkley@commerce.wa.gov Assistant Director Washington State Department of Commerce Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signatures: 5 Initials: 0 Holder: Ashley Murphy ashley.murphy@commerce.wa.gov Pool: StateLocal Pool: Washington State Department of Commerce Signature EdlawStIll.k, kr 414134 tkiliViSat. a* 01,44'16044M Signature Adoption: Pre -selected Style Using IP Address: 205.172.45.253 CocosS4ruad 15by, kat AttAl S031,28,1486SEASS Signature Adoption: Pre -selected Style Using IP Address: 174.204.75.23 Signed using mobile Signature Status: Completed Envelope Originator: Ashley Murphy 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 ashley.murphy©commerce.wa.gov IP Address: 147.55.134.6 Location: DocuSign Location: DocuSign Timestamp Sent: 10/5/2022 4:22:06 PM Viewed: 10/6/2022 9:47:19 AM Signed: 10/6/2022 9:47:49 AM Sent: 10/6/2022 9:47:52 AM Viewed: 10/6/2022 10:15:57 AM Signed: 10/6/2022 10:16:07 AM Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestainp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Dave Andersen dave.andersen@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Paul Johnson pauLjohnson@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Timestamp Sent 10/6/2022 10 16:09 AM Sent: 10/6/2022 10:16:10 AM Witness Events Signature Timestamp Notary Events Sigrlature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps Hashed/Encrypted 10/5/2022 4:22:06 PM Security Checked Security Checked Security Checked Payment Events Status Electronic Record and Signature Disclosure 10/6/2022 10:15:57 AM 10/6/2022 10:16:07 AM 10/6/2022 10:16:10 AM Timestamps Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM Parties agreed to: Robert Harrison ELECTRONIC RECO AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.15 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: h ps tip port ,doctis gn .com /go idesisi gn r-gtt Agit ing:astem-recIHRfllLflk. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system. By selecting the check -box next to agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. Lul.u.lyu I C I IVCIupe IU.LOf-CIrMOY-04OlJ-4.U/W-GOJO-LJL/1V0 I OGLOPI ,.mendment inWashington State Contract Number:22-96720-214 Department of Amendment Number: 1 94► Commerce Local Government Division Grant Management Unit Connecting Housing to Infrastructure Program(CHIP) 1.Grantee 2.Project Address City of Yakima Rod's House 129 North Second Street 1011 East Chestnut Avenue Yakima,WA 98901 Yakima,WA 98901 3.Grantee Representative 4.COMMERCE Representative Joan Davenport Mischa Venables PO Box 42525 Director of Community Development CHIP Project Manager 1011 Plum St SE (509)576-6417 360.725.3088 Olympia,WA 98504-2525 joan.davenportAyakimawa.gov mischa.venables(a commerce.wa.gov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $148,754 $0 $148,754 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: X State: Other: N/A: July 1,2023 June 30,2025 11.Federal Funds(as applicable): Federal Agency: ALN: $148,754 US Department of Treasury 21.07 12.Amendment Purpose: Due to state legislature re-appropriation,the funds for this contract have been re-appropriated from the 2021-23 biennium to the 2023-25 bienmum.This amendment changes the End Date to June 30,2025. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above, acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above.The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract"shall mean the"Contract as Amended". ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT FOR GRANTEE FOR COMMERCE by: % ' �`ONTRACT Y Y / DocuSigned by: EDocuSigned btot,vt lkamsotn, tunalaw�t: W - _, lltztrt bast,` DD2385B5580845D \--80312B04865C458. Bob Harrison,City Manager Mark K.Barkley,Assistant Director,Local Government City of Yakima Division 1/9/2024 1 1:25 PM PST 1/9/2024 1 3:39 PM PST Date Date APPROVED AS TO FORM ONLY APPROVED AS TO FORM ONLY Sandra Adix DocuSigned by' Assistant Attorney General riecuA, Puit,lov f 3/20/2014 B6122BC2DDBA49B Date Joan Davenport,Community Development Director 1/9/2024 1 10:37 AM PST Date VULUJIIyI I GI IVCIUpC IIJ.LOr CI'MU'4-UYJI'-'4UMJ-170JU-LOLMUC/I./GLUM Internal routing form. Will be deleted after contract fully signed. Commerce GMS programs - Contract review and routing form Reviewer Name Initials and Date Budget Analyst Corina Campbell NA—no change to the budget r DS GMS Managing Director Dave Andersen Q 1/9/2024 I 10:25 AM PST os Deputy Assistant Director—LGD Tony Hanson HL 1/9/2024 I 2:44 PM PST DocuSign Certificate Of Completion Envelope Id:28FECA6404BC49ABB896232A0B76E26A Status:Completed Subject:Complete with DocuSign Yakima Rods House CHIP Amendment Division: Local Government Program CHIP ContractNumber:22-96720-214 DocumentType: Contract Amendment Source Envelope. Document Pages 2 Signatures:3 Envelope Originator Certificate Pages:5 Initials 2 Ashley Murphy AutoNav: Enabled 1011 Plum Street SE Envelopeld Stamping: Enabled MS 42525 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525 ashley.murphy@commerce.wa.gov IP Address: 147 55 134 30 Record Tracking Status:Original Holder:Ashley Murphy Location. DocuSign 1/9/2024 9 19:55 AM ashley.murphy@commerce.wa.gov Security Appliance Status:Connected Pool StateLocal Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location: DocuSign Signer Events Signature Timestamp Dave Andersen rDS Sent: 1/9/2024 9:23:53 AM dave.andersen@commerce.wa.gov Pa Viewed. 1/9/2024 10 25 02 AM Security Level: Email,Account Authentication Signed: 1/9/2024 10:25.08 AM (None) Signature Adoption: Pre-selected Style Using IP Address. 198 239 157.79 Electronic Record and Signature Disclosure: Not Offered via DocuSign Joan Davenport pDocuSignedby Sent: 1/9/2024 10:25:09 AM Joan davenport@yakimawa gov ,,bale, VauUte.fevi- Viewed: 1/9/2024 10:33:18 AM Security Level:Email,Account Authentication \--B6122BC2DDBA49B Signed: 1/9/2024 10:37:16 AM (None) Signature Adoption: Pre-selected Style Using IP Address.205.172.45.253 Electronic Record and Signature Disclosure: Accepted: 1/9/2024 10 33.18 AM ID:fcc4d0b8-3a6b-47b6-8fcd-836796ea0b31 Robert Harrison ,—DocuSignedby Sent: 1/9/2024 10:37:17 AM bob.harrison@yakimawa.gov leitkVIL RaYYiStilA, Viewed: 1/9/2024 1:25.07 PM City Manager �DD2386B6680846D Signed 1/9/2024 1 25 44 PM Security Level.Email,Account Authentication (None) Signature Adoption.Pre-selected Style Using IP Address 205 172 45 253 Electronic Record and Signature Disclosure: Accepted. 1/9/2024 1 25:07 PM ID:b4f24b9e-3b17-44b7-8812-edf9572bb03f Signer Events Sig nature Timestamp Tony Hanson (_DSS Sent 1/9/2024 1:25:46 PM tony hanson@commerce.wa.gov I n Viewed: 1/9/2024 2:44 14 PM Washington State Department of Commerce Signed 1/9/2024 2 44 44 PM Security Level-Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address. 198 239.10 136 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Barkley DocuSignedby Sent: 1/9/2024 2:44:46 PM mark barkley@commerce.wa.gov It.a11c 150.Yt Viewed 1/9/2024 3 39:12 PM Assistant Director �80312B04865C450 Signed: 1/9/2024 3:39:16 PM Washington State Department of Commerce Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 198.239 157 67 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Paul Johnson COPIED Sent: 1/9/2024 9:23:53 AM paul.johnson@commerce.wa.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/9/2024 9.23:53 AM Certified Delivered Security Checked 1/9/2024 3:39:12 PM Signing Complete Security Checked 1/9/2024 3 39 16 PM Completed Security Checked 1/9/2024 3:39:16 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CIe%.UUIIII.RCI.UIU dllU. IlJ.IIdlUle UIDI.lUJU1C l.IedteU UI I.O/I I/LULU'I.YY.IL f IVI Parties agreed to:Joan Davenport,Robert Harrison ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.15 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and (i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce.