HomeMy WebLinkAboutContractCAG-22-324
Capital Agreement with
City of Renton
Through
Connecting Housing to Infrastructure Program (CHIP) -
America Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds
Purpose:
To assist with the development of affordable housing by paying for
infrastructure costs related to the Sunset Gardens project.
Start date: July 1, 2021
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TABLE OF CONTENTS
FaceSheet...................................................................................................iv
Declarations, 1 1
6 1 1 . I I . 0 * 0 P * I . I * * I I I I A I 1 6 1 6 4 P I I I P N a 4 4 4 . . . . . . . . . . . . . . . I I I I I I I I I I I 1 1 6 1 1 1 1 6 1 1 6 1 1 6 1 1 1 1 1 6 1 1 1 1 1 1 1 1 1 . I A
I I I I 1 1
Special Terms
and Conditions........................................................................................
2
1.
2.
3.
4.
5.
6.
Authority............................................................................................I.....
Acknowledgement of Federal Funding.....................................................2
Grant Management. I I I I * I I h I I I I I I . . . . . . . . . . . . . . . I I I I I I I I I I I I I I I I I I I 1 1 6 1 1 1 1 6 1 1 6 1 6 6 1 1 1 4 1 1 1 1 1 1 1 1 6 1
Period of Performance, Costs Incurred, Reimbursement .........................2
Compensation..........................................................................................2
Basis for Establishing Real Property Values for Acquisitions of Real
2
1 1 1 1 d 2
7.
8.
9.
10.
11.
Property Performance Measures.............................................................
Expenses, I I I I I 1 1 6 P 1 0 1 1 P . 6 4 b * 6 . * 4 V * I I I I I I I I I P I I I I 1 0 P 4 N I I I * , . . . . . . 4 1 . . . . . . . I I I I I I I I I I I 1 0 1 1 t I
Indirect Cost. I I I I I I I I I I I I I I I I I I I t 6 1 1 1 1 1 1 6 1 6 6 0 0 1 4 d * * * I I I I 1 4 1 1 1 4 0 4 * P 6 , 4 1 P W 6 1 1 P . . I t , 4 % , % 1 4 4 4
Billing Procedures and Payment........................................I.....................3
Subcontractor Data Collection.........................................................4
Historical or Cultural Resources, Human Remains...................................4
3
I I k 1 1 3
b % . 3
12.
13.
14.
15.
16.
17.
Audit........................................................................................................4
Debarment. I d 0 0 0 0 A d 4 S I 1 6 1 d S I k 0 d 4 d 2 1 1 1 d b d d 0 1 1 1 6 6 J 6 1 1 h A 4 d 6 1 0 k d d A * 4 1 0 1 0 d 4 4 1 * 4 0 * * * 1 0 0 t b * 6 P I P V P
Insurance. . I I I I I I I I I I I I I I I I I I I I I d I I I I I I I I d I t . * ' 6 * ' * . . 6 # 6 4 * * * 0 0 1 h 4 1 * 1 0 P 1 4 4 1 1 7 1 1 1 1 4 1 1 P I I I I I I I P I I
Compliance with Applicable Law and Regulations. I I I I I d I I I I I I I I I I I
Federal Exclusion....................................................................................8
Registration with the System for Award Management (SAM) ..................
P I . . 1 5
1 6 P P 1 5
I I 1 1 17
8
18.
19.
20.
21.
Reduction In Funds..................................................................................8
Ownership of Project/Capital Facilities.....................................................8
Change of Ownership or Use for Grantee -Owned Property .....................
Change of Use for Leased Property Performance Measure .....................9
8
22.
23.
Termination for Fraud or Misrepresentation.............................................9
Order of Precedence. . 0 d 0 d . 9 d 4 1 0 b 6 2 d a I I I d d * 1 0 * A d A d 4 1 1 1 N & A 2 4 6 1 1 d A 4 6 * I I A A d d I t * k A & d I h k 1 0 0 4 1 1 h K A 0
A 4 1 9
General
Terms and Conditions.....................................................................................10
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Definitions. . 1 0 * I * 0 1 1 1 1 1 1 1 1 1 1 1 1 1 * I I 1 0 * I I I I I 1 1 4 1 1 1 1 4 1 1 1 4 1 . 4 , 4 . . . . I . . . . I I I I I I I I I I I I I I I I I I I I I I I I I I
Administrative Cost Allocation................................................................10
Allowable Costs.....................................................................................10
All Writings Contained Herein................................................................10
Amendments.........................................................................I................10
Americans with Disabilities Act(ADA)....................................................
Approval....................................................................I...........................10
Assignment,,.,..",',,',',,,,
Attorney's Fees. . I I I I I I I I I I I 1 0 1 . 4 k 4 . P . # 1 4 6 0 1 P , 4 0 0 * 0 4 V I I P N & h I I
Audit..............................................................................1.......I.I...I.........11
Certification Regarding Debarment, Suspension or Ineligibility or
I I I I I I I I 1 0
10
11
, 4 1 4 0 0 , , 1 1
12.
13.
Ineligibility and Voluntary Exclusion....................................................I..
Code Requirements, 1 1 4 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t I I I . I I . I . I . t . . 4 1 1 . . I I I I I . . I . I I
Confidentiality/Safeguarding of Information,',,..",.,., ... 1.11 .... I., ....... P .......
11
I I A . I I I 1 1 2
P, 12
14.
Conformance...............................................................I...............I..I......12
15.
Conflict of Interest,, P v .................. 4 ....... 1 4,4 .... 4 ........... 4,d ... 6 ... d I . I . . I , d , I
, I . . . d,, 13
16.
Copyright Provisions....................................................................I.........13
17.
Disallowed Costs.........................................................................I.........13
18.
Disputes", 1111110111, klt. ... 04kfll.14*497P.q 4, P,Tpq 44 PQ pml.lorxrll I
pplvq.vr 1 44
19.
Duplicate Payment. d 9 0 & I a b d d b 1 2 1 1 d k 6 6 6 h I b 6 d I d I I h & d d I I I I A d 1 4 * P K 0 0 $ & k 4 A 6 h M P 2 1 & 1
6 1 * h I a I 1 0 1 1 4
20.
Governing Law and Venue. . 1 1 4 1 1 d A d S k . t k 6 4 6 4 1 1 t 1 4 4 * I , 6 a I V I , P # 6 0 * 4 1 * .... 4 4 1 *
.... * , 0 0 , , 1 4
21.
Indemnification.
1 4
22.
. 9 9 5 % 1 0 9 0 d I a 0 0 * 1 6 a d I % I d 6 * I k % . 0 . 0 0 6 4 * 4 4 4 V 6 0 0 4 1 0 , * M I , , P r P M I , r . . . . . . . . * . . 4
Independent Capacity of the Grantee,,,,,.,,,,.,,., ............... 110111111111111111111p,
, , P . . . . . 0 P
15
23.
Industrial Insurance Coverage...............................................................15
24.
Laws......................................................................................................15
25.
Licensing, Accreditation and Registration..............................................15
26.
Limitation of Authority............................................................................15
27.
Noncompliance With Nondiscrimination Laws........................................15
28.
Pay Equity, 4 4 b I * I . I I I I I I I , . 4 , P P P * , I I P P 0 P I I I 1 0 1 1 4 1 1 1 1 4 1 1 1 1 4 1 4 1 1 1 1 1 1 . * I I I I I I . 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 4 1 1 1 1 1 1 5
29.
Political Activities
30.
...................................................................................16
Prevailing Wage Law.............................................................................16
31.
Procurement Standards for Federally Funded Programs .......................16
32.
Prohibition Against Payment of Bonus or Commission, P * 4 9 9 9 9 W 9 1 4 a . 0 P .
. . . . . . . . P , 17
33.
Publicity.................................................................................................17
34.
Recapture..............................................................................................17
35.
Records Maintenance
17
36.
............................................................................
Registration with Department of Revenue..............................................17
37.
Right of Inspection, I I I V I I I I V I I I I I I I I I I I I I I I I I I d 4 1 1 1 1 1 1 d I I I ... it, d .... it, d ............. d ......
k ..... 18
38.
Savings. h & 0 0 4 1 1 z 0 6 4 1 . P P . . . . . . . P . . . . . P 9 P M 4 1 1 9 P 9 4 1 4 1 4 1 1 P % 4 4 1 P r I I % 4 1 P 1 4 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 8
39.
Severability............................................................................................18
40.
Subcontracting.......................................................................................18
41.
Survival
42.
..................................................................................................18
Taxes
43.
................................................................................................I....18
Termination for Cause...........................................................................18
44.
Termination for Convenience
45.
................................................................119
Termination Procedures
46.
.........................................................................19
Treatment of Assets..........................................................4....................
20
47.
Waiver........................................................................................I..........
20
48,
Work Hours and Safety Standards.........................................................
20
Attachment
A-
Scope of Work.......................................................................................21
Attachment
B-
Certification of the
Availability of
Funds to Complete the
Project ...........
23
Attachment
C-
Certification of the
Payment and
Reporting of Prevailing
Wages ...........
25
Contract Number: 22.96720-204
Washington State Department of Commerce
Local Government Division
Growth Management Unit
CHIP Program, ARPA State and Local Fiscal Recovery Funds Grant
1. Grantee
2. Project Name and Address
City of Renton
Sunset Gardens
1055 South Grady Way
2900 NE 10th St.
Renton, WA 98057
Renton, WA 98056
3, Grantee Representative
4. COMMERCE Representative
Katie Nolan
Eric Guide PO Box 42525
Water Utility Engineer
Senior Planner 1011 Plum Street SE
425.757.7719
360,725,3044 Olympia, WA 98504-2525
knolan@rentonwa.gov
eric.guida@commerce,wa.gov
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$1,472,037
Federal: ® State: ❑ Other: ❑ NIA: ❑
July 1, 2021
June 30,2023
9. Federal Funds (as applicable) Federal Agency ALN (CFDA #): Indirect Rate:
$12472,037
US Dept, Treasury 21,027 N/A
10. SWV #
11, UBI #
12. DUNS #
13, UNIQUE ENTITY ID #
SWV0012200-11
177-000-094
092278894
UG2PSBS6UJJ3
14. Grant Purpose
To assist with the development
of affordable housing by paying for infrastructure costs related to the Sunset Gardens
project, as referenced in Attachment A — Scope of Work.
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, Attachment "D" — Certification of Intent to Enter LEED Process (if applicable).
FOR GRANTEE
FOR CO MERCE
Mark X, Barkley, Assistan birector, Local Government
Armando Pavone, Mayor
10-7-2022
Division {
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Date
Date
ATTEST f{
/,y �U
APPROVED AS TO FORM ONLY
%
Jason A. Seth, City Clerk
,c`OoF\ no,
/' �''16
10-7-2022
'`
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Sandra Adix
o'
Assistant Attorney General
Date
_
v
March 31, 2022
5,� '
Date
f 'Q.
DECLARATIONS
CLIENT INFORMATION
GRANTEE Name: City of Renton
Grant Number: 22-96720-204
PROJECT INFORMATION
Project Name Sunset Gardens
Project City: Renton
Project State: Washington
Project Zip Code: 98056
GRANT INFORMATION
Grant Amount: $1,472,037
Appropriation Number: 2021 Capital Budget SSB 1080, Section 1074,
and 2022 Capital Budget SSB 5051, Section 1032
Re -appropriation Number (if applicable):
Grant End Date: June 30, 20233 if funds are not re -appropriated.
Grant End Date may be extended contingent on
reappropriation
Biennium: 2021-2023
Biennium Close Date: June 30, 2023
Earliest Date for Reimbursement: March 3, 2021
Time of Performance: In accordance with Special Terms and
Conditions Number 4
FUNDING INFORMATION
Federal Funding: Sec. 602 Coronavirus Stale Fiscal Recovery Funds
of Title VI of Social Security Act as added by
American Rescue Plan Act of 2021 (ARPA or "Act"),
Title IX, Subtitle M, Sec. 9901, Public Law 117-2,
codified at 42 U.S.C. 802 et seq.
Federal Award Agency: US Department of Treasury
Amount of Federal Funds Obligated by this Action: $1,472,037
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
Extension of Grant Upon Reappropriatlon,
Notwithstanding General Term and Condition No. 4, the End Date of this Grant may be extended upon
written notice to Grantee from Commerce for a period of time consistent with the effective date of any
re -appropriation of funds, and/or with terms reflecting new Federal requirements for ARPA funds, if any. In
Commerce's sole discretion, after review of any funding re -appropriation terms and applicable Federal law
or guidance, a contract amendment in accordance with General Term and Condition No. 4 may be required
to extend the End Date.
Last revision 11l23/2021
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
1, AUTHORITY
Funding for
this Grant has
been provided
in the 2021-2023 biennial
state Capital
Budget, SSB 10II0,
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: $1,472,037
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 pe formance 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. Asset 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.
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
A. GRANTEE purchases of real property from an independent third -party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate
appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
7. EXPENSES
Grantee shall receive reimbursement for travel and other expenses as identified below or as authorized
in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Grantee for
authorized expenses shall not exceed the total contract amount listed on the contract Face Sheet.
Such expenses may include airfare (economy or coach class only), other transportation expenses, and
lodging and subsistence necessary during periods of required travel. Grantee shall receive
compensation for travel expenses at current state travel reimbursement rates.
8. INDIRECT COSTS
Grantee shall provide their indirect cost rate that has been negotiated between their entity and the
federal government as set forth on the Face Sheet, Sec. 9. If no such rate exists a de Minimis indirect
cost rate of 10% of modified total direct costs (MTDC) will be used.
9. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE's Grants
Management System (CMS), which is available through the Secure Access Washington (SAW) portal.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Grant Number listed on
the contract Face Sheet. 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.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or if work is not completed or Grant
terminated, within fifteen (15) days following the end of the stale biennium unless Grant Agreement
funds are reappropriated by the Legislature in accordance with Additional Special Terms and
Conditions set forth in the Declarations page above.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement request
received unless and until the Project Status Report is received. After approving the Invoice Voucher
and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The grantee must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end dale.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
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.).
10. 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.
11, HISTORICAL OR CULTURAL RESOURCES, HUMAN REMAINS
Certain capital construction projects may be subject to the requirements of Washington State Executive
Order 21-02 "Archaeological and Cultural Resources". Grantee will cooperate with Commerce as may
be required, to fulfill the requirements of EO-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.
12. AUDIT
If the Grantee is a subreciplent and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program -specific
audit for that fiscal year. Upon completion of each audit, the Grantee shall:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program -specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
B. Submit to COMMERCE follow-up and developed corrective action plans for all an findings.
If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit
requirement.
The Grantee shall send all single audit documentation to auditreview(o)commerce.wa.gov.
13.DEBARMENT
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public or private agreement
or transaction, violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, receiving stolen property, making false claims, or obstruction of
justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or more
public transactions (Federal, State, or local) terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction,' as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
The lower tier Grantee ceres, 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.
Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such contractor shall attach an explanation to this Grant.
The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
person, primary covered transaction, principal, and voluntarily excluded, as used in this section,
have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations.
14. INSURANCE
The Grantee shall provide insurance coverage as set out
in this section. The
intent of
the required
insurance is to protect the State should there be any claims,
suits, actions, costs,
damages
or expenses
arising from any loss, or negligent or intentional act or omission of the Grantee or Subcontractor, or
agents of either, while performing under the terms of this
contract. Failure to
maintain
the required
Insurance coverage may result In termination of this Grant.
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
The insurance required shall be issued by an insurance company authorized to no business within the
state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance
shall name the state of Washington, its agents, officers, and employees as additional insureds under
the insurance policy. All policies shall be primary to any other valid and collectable insurance. The
Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any
insurance cancellation, non -renewal or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of a written request by
COMMERCE, a certificate of insurance which outlines the coverage and limits defined in this insurance
section. During the term of the Grant, if required or requested, the Grantee shall submit renewal
certificates not less than thirty (30) calendar days prior to expiration of each policy required under this
section.
The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or certifications
from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the
designated beneficiary who is covered, the amounts, the period of coverage, and that COMMERCE will
be provided thirty (30) days advance written notice of cancellation.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity
to protect against legal liability arising out of contract activity but no less than $1,000,000 per
occurrence. Additionally, the Grantee is responsible for ensuring that any Subcontractors provide
adequate insurance coverage for the activities arising out of subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the Grantee or its Subcontractor, automobile liability insurance
shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain
Professional Liability or Errors and Omissions Insurance, The Grantee shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed
staff employed or under contract to the Grantee. The state of Washington, its agents, officers, and
employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured
to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the highest
of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured
pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subcontractors that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to
this paragraph shall name the Grantee as beneficiary.
GRANTEES and Local Governments that Participate in a Self -Insurance Program.
Self-Insured/Liability Pool or Self -insured Risk Management Program — With prior approval from
COMMERCE, the Grantee may provide the coverage above under a self-insured/liability pool or self -
insured risk management program. In order to obtain permission from COMMERCE, the Grantee shall
provide: (1) a description of its self -Insurance program, and (2) a certificate and/or letter of coverage
that outlines coverage limits and deductibles. All self -insured risk management programs or self-
insured/liability pool financial reports must comply with Generally Accepted Accounting Principles
(GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards
Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State
Auditor's annual instructions for financial reporting. Grantee's participating in joint risk pools shall
SPECIAL TERMS AND CONDITIONS
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maintain sufficient documentation to support the aggregate claim liability information reported on the
balance sheet. The state of Washington, its agents, and employees need not be named as additional
insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as
additional insured.
Annually Grantee shall provide upon written request by COMMERCE a summary of coverages and a
letter of self-insurance, evidencing continued coverage under Grantee's self-insured/liability pool or
self -insured risk management program. Such annual summary of coverage and letter of self -Insurance
wIll be provided on the anniversary of the start date of this Agreement.
15. COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS
A. Grantee agrees to comply with the requirements of section 603 of the Act, regulations adopted
by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding
the foregoing. Grantee also agrees to comply with all other applicable federal statutes,
regulations, and executive orders, and Grantee shall provide for such compliance by other
parties in any agreements it enters into with other parties relating to this award.
B. Federal regulations applicable to this award include, but are not necessarily limited to the
following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
inapplicable to this Award and subject to such exceptions as may be otherwise provided
by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the
Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -
procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition
in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing
regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in
2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§
4601-4655) and implementing regulations.
Ix. Generally applicable federal environmental laws and regulations.
x. Prohibition on certain telecommunications and video surveillance services or equipment 2
CFR 2z 00,216.
C. Statutes and regulations prohibiting discrimination applicable to this award include,
but are not necessarily limited to the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
SPECIAL TERMS AND CONDITIONS
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The Fair Housing Act, Title V111 of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
which prohibits discrimination in housing on the basis of race, color, religion, national origin,
sex, familial status, or disability;
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving
federal financial assistance;
iv. The Age Discrimination Act of 19753 as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq), which prohibits discrimination on the basis of disability under programs, activities,
and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
16, FEDERAL EXCLUSION
These terms add to the terms in Section 12 Certification Regarding Debarment, Suspension or
Ineligibility and Voluntary Exclusion — Primary and Lower Tier Covered Transactions in General Terms
and Conditions. The Grantee also agrees to access the Federal Exclusion List at www,sam.gov and
provide Federal Exclusion documentation to Commerce and to keep a copy on file with the Grantee's
project records.
17. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
By signing this Grant, the Grantee accepts the requirements stated in 48 CFR 52.204-7 to register with
the System for Award Management at the SAM website (https://www.sam.gov). To register in SAM, a
valid Unique Entity Identifier (UEI) is required. The Grantee is responsible for the accuracy and
completeness of the data within the SAM database and for any liability resulting from the Government's
reliance on inaccurate or incomplete data. The Grantee must remain registered in the SAM database
after the Initial registration. The Grantee Is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in SAM to ensure it is current, accurate
and complete. The Grantee shall provide evidence documenting registration and renewal of SAM
registration to Commerce.
In the event of the Grantee's noncompliance or refusal to comply with the requirement stated above,
Commerce reserves the right to suspend payment until the Grantee cures this noncompliance.
18. 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.
19. 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. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement,
20. 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
SPECIAL TERMS AND CONDITIONS
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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 ten
(10) 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).
21. 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 ten (10) 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 slate 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).
22. 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.
23. 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
•
Attachment D
— Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED)
Certification Process (if applicable).
GENERAL TERMS AND CONDITIONS
CAPITAL
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1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the Grantor,
including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile
transmission of a signed copy of this contract shall be the same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part
of those services under this Grant under a separate contract with the Grantee. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Special Terms and Conditions.
Administrative services shared by other programs shall be assigned to this Grant based on an allocation
plan that reflects allowable administrative costs that support services provided under each Grant
administered by the Grantee. An approved current federal indirect cost rate may be applied up to the
maximum administrative budget allowed.
3. ALLOWABLE COSTS
Costs allowable under this Grant are actual expenditures according to an approved budget up to the
maximum amount stated on the Grant Award or Amendment Face Sheet.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as
the "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
written amendment executed by both parties.
10
GENERAL TERMS AND CONDITIONS
CAPITAL
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8. ASSIGNMENT
Neither
this Grant, nor any
claim arising under this
Grant,
shall be transferred or assigned
by the
Grantee
without prior written
consent of COMMERCE.
9. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of gation 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:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200,501,
reports required by the program -specific audit guide (if applicable), and a copy of any
management letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit
requirement.
The Grantee shall send all single audit documentation to auditreview(cilcommerce.wa.aov
'rfill[��3f1 91L9y�L�7I1i3cic3_T77PL011111111117AJ_l3iril4iy�40&I7WIF�Eel 2ti73IILX>lLt7LILlYi tiT �J it
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.
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:
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
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 slate 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.
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.
12
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
1a, 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
oI, 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 dale 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 can 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.
17. DISALLOWED COSTS
The Grantee is responsible for any
audit exceptions or disallowed
costs incurred by
its own organization
or that of its Subcontractors.
13
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
18. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
state the relative positions of the parties;
• state the Contractor's name, address, and Grant number; and
• be mailed to the Director and the other party's (respondent's) Contract Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requester's statement to both the Director or the
Director's designee and the requester within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible In any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
19. DUPLICATE PAYMENT
The Grantee certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
20. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
21. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state
of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state,
for, from and against all claims for injuries or death arising out of, or resulting from, the performance of
the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or
expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or
death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to Grantee's or any subcontractor's performance or failure to perform the contract.
Grantee's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or
reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees
and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
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GENERAL TERMS AND CONDITIONS
CAPITAL
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22. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
Grantee and its employees or agents performing under this Grant are not employees or agents of the
state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or
employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make
any claim of right, privilege or benefit which would accrue to such officer or employee under law.
Conduct and control of the work will be solely with the Grantee.
23. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount
payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the
Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of
Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee.
24. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local,
state, and federal governments, as now or hereafter amended.
25. LICENSING ACCREDITATION AND REGISTRATION
The Grantee shall comply
with all applicable local,
stale, 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 priorto 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:
(1) 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.
15
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
) 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: Consistentwith business
necessity; not based on or derived from a gender -based differential; and account for the
entire differential.
This Grant may be terminated by the Department, if the Department or the Department of Enterprise
services determines that the Grantee is not in compliance with this provision.
29. POLITICAL ACTIVITIES
Political activity of Grantee employees and officers are limited by the State Campaign Finances and
lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
30. PREVAILING WAGE LAW
The Grantee certifies that all contractors and subcontractors pertorming work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing
Wages" and "Affidavit of Wages Paid" as required by RCW 39,12,040, The Grantee shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE's review upon request.
31. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Grantee which is a local government or Indian Tribal government must establish procurement policies
and procedures in accordance with 2 CFR 200 for all purchases funded by this contract.
All recipients of funds under this Contract, including Contractor and subrecipients or subcontractors of
any tier, must follow the procurement standards in 2 CFR §§ 200,318 through 200,327, including
ensuring that the procurement method used for the contracts are appropriate based on the dollar
amount and conditions specified in 2 CFR § 200,320,
The Grantee's procurement system should include but not necessarily be limited to, the following:
A. General procurement standards 2 CFR s 200.3 to. A code or standard of conduct that shall
govern the performance of its officers, employees, or agents engaged in the awarding of
contracts using federal funds.
B. Competition 2 CFR 26 00.319. Procedures that ensure all procurement transactions shall be
conducted in a manner providing full and open competition consistent with the standards of this
section and 2& 00.320.
C. Methods of procurement to be followed 2 CFR 20§ 0,320,
D. Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms 2 CFR 2& 00,321,
32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Grant provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as
project costs.
16
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
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 falls 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 dale 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,
40. SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
17
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
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.
44. TERMINATION FOR CONVENIENCE
45.
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.
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
[F'
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
the petrformance 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 (1) 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
this contract, or (H) commencement of use of such property in the performance of this contract, or (iii)
reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this contract.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
]9
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERALFUNDS
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this contract
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subcontractors.
47. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
48. WORK HOURS AND SAFETY STANDARDS
The Grani Work Hours and Safety Standards Act (40 U.S.C. 327-333)-Where applicable, all contracts
awarded by recipients in excess of $100,000 for construction and other purposes that involve the
employment of mechanics or laborers must include a provision for compliance with Section 102 and
107 of the Grant Work Hours Safety Standards Act (40 U.S.C. 327-333), as supplemented by
Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is
required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than 1 '/ times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides
that no laborer or mechanic is required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
'►.I17
Attachment A
SCOPE Or WORK
Funds awarded under this grant will be used for capital expenditures for the Sunset Gardens affordable
housing project, specifically for water utility Improvements.
This project aligns to the Public Health and Economic Impacts, Building Stronger Communities through
Investments in Housing and Neighborhoods Category.
The location of the project is: 2900 NE 10'h St., Renton, WA 98506
Project activities will include and not be limited to:
The design and construction of required off -site water distribution system improvements to provide
capacity to meet fire flow demand for the new affordable housing project. Renton Regional Fire Authority
has determined that the preliminary fire flow demand for the Sunset Gardens project is 3,000 gpm.
Additionally, per Renton Municipal Code, a looped water main around the building is required when the
fire flow exceeds 2,500 gpm. The following off -site water system improvements will be required to provide
domestic and fire protection service to the project:
• Installation of approximately 800 feet of new 12-inch water main in NE 10th St from the existing
124ch water stub to Kirkland Ave NE;
• Installation of approximately 380 feet of new 12-inch water main in Jefferson Ave NE
(Commercial Access);
• Installation of approximately 220 feet of new 12-inch water main in Jefferson Ave NE
(Residential Access);
Installation of a new 6-inch fire service stub for the new affordable housing building;
• Installation of new residential and commercial water services for the new affordable housing
building;
• Installation of additional fire hydrants around the building;
• Re -connection of existing services following water main improvements.
This project is expected to be complete by June 30, 2023
All project work completed with prior legislative approval. 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.
CERTIFICATION PERFORMANCE MEASURE —SCOPE OF WORK
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
Armando Pavone, Mayor
10-7-2022
21
Attesl
ps//
Jason A. Seth
City Clerk
OppoRO
Approved as to Legal Form
Approved by Cheryl Beyer via 8/18/2022 email
By:
Shane Maloney
City Attorney
Attachment A
22
Attachment B
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT
Type of Funding
Source Description 1
Amount
Grant
Washhton State Department of Commerce
$1,4721037.00
^Other Grants
Grant #1
$
Grant #2
$
Total Other Grants
$0,00
Other Loans
Loan #1
Private Tax Exempt Debt
$12,5001000.00
Loan #2
Washington State Housing Trust Fund Loan
$296003000.00
Total Loans $151000,000.00
Other Local Revenue
Source #1
_
City of Renton HB1590 funds I $1,5003000.00
Total Local Revenue
$135003000,00
Other Funds
4% Low Income Housing Tax Credit (LIHTC)
Source #1
allocation from the Washington State Housing
$221765,353.00
Financing Commission
Source #2
RHA Sponsor financing and cash flow during
$7,523,875.00
operations
King County Housing, Homeless, and
Source #3
Community Development Division (HHCDD)
$3,0001000.00
capital funding
Total Other Funds
_
$33,2890228.00
Total Project Funding
_
$513261,265.00
CERTIFICATION PERFORMANCE MEASURE -AVAILABILITY OF FUNDS
The GRANTEE, by Its signature, certifies that project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE's
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below, The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make
such records available for COMMERCE's review upon reasonable request.
Armando Pavone, Mayor
10-7-2022
23
Attachment B
Attest
P�
Jason A. Seth
City Clerk
Approved as to Legal Form
By:
\\.�uaownuirn
Approved by Cheryl Beyer via 8/18/2022 email
Shane Malone
City Attorney
Attachment C
CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
Project funded by this Grant Agreement, including but not limited to the filing of the "Statement of Intent to
Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39,12.040, See section 30 of
the General Terms and Conditions.
Before invoices are paid, the "awarding agency" must provide documentation of the "intent to pay
commercial 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's governing body
as
of the date and
year
written
below.
Armando Pavone, Mayor
10-7-2022
DATE
Attest
e)�
Jason A. Seth
City Clerk
Approved as to Legal Form
By:
��PORPeaaseoy��~'":
'''noun n u���ao`o`•
Approved by Cheryl Beyer via 8/18/2022 email
Shane Maloney
City Attorney
25
S`FATF OF WASFIING I IV
L7r.r'/-\" rivirIN I OF ukjiviMri�%Crz
1011 Plain Street SE PO Box 4252.5 e Olympia, Washington 98504.2525 (360) 725.4000
www.coiniiiet*ce.wa.gov
February 23, 2022
City of Renton
1055 South Grady Way
Renton, WA 98057
Delivered via Email to Katie Nolan: knolan@rentonwa.gov
RE: Correcting Housing to Infi'astruchne (CHIP) Grant
Dear CHIP recipient:
I am pleased to inform you that City of Renton has been awarded $1,768,137 in grant funds from the
Connecting Housing to Infrastructure (CHIP) grant program for the Sunset Gardens project. The 2021
Legislature created this grant program to facilitate the development of affordable housing construction.
Funding for this program is provided from two accounts:
• For waived system development charges, fiords are fi'om the State Building Construction Account,
and your grant will be governed by state building construction account rules. Projects funded with
State Building Construction Account fiords (state) may only be used to cover eligible costs incurred
during the period of May 18, 2021, thnr June 30, 2023, subject to re -appropriation by the Legislature.
If re -appropriated, the project must be completed and invoiced by June 30, 2025,
For infrastructure improvements, funds are from the staters allocation of Coronavirus State and
Local Fiscal Recovery Funds (SLFRF) from the federal American Rescue Plan Act (ARPA} stimulus
finding provided by the U.S, Department of the Treasury (US Treasury).1 Your grant is a sub -award
of the state's allocation for the SLFRF funds it received directly from the U.S. Treasury. All grants
must adhere to any and all compliance and reporting requirements for the use and expenditure of
SLFRF finds.2 Projects funded with Coronavirus State and Local Fiscal Recovery Funds (federal)
may only be used to cover eligible costs incurred during the period of March 3, 2021, thru December
31, 2026, subject to re -appropriation by the Legislature, and must be obligated by December 30,
2024,
This grant will be administered by the Washington Department of Commerce, Growth Management Services
(GMS) unit. Before we'disburse the fiords, a contract with an agreed upon scope of work and budget will
need to be executed between your organization and the Department of Commerce.
' The federal funds are available under Section 602 Coronavirus State Fiscal Recovery Funds of Title VI of the Social
Security Act, as added by ARPA of 2021, Tltle IX, Subtitle M, Section 9901. The unique S-digit federal assistance number
assigned to the SLFRF funds on SAM.gov is Assistance Listing Number (ALN) 21.027, formerly known as a CFDA
number.
z Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds dated November S, 2021
All pre -contracting requirements must be met prior to executing a contract and before drawing down any
grant funds. If not already provided, these may include:
• Proof of site control.
• Documentation of consultation with Dela rhnem of Arcbeology and Historic Preservation
(DAHP) and affected tribes has been completed and there is a plan for preservation of
archeological, historical and cultural resources (EO 21-02).
• For requests for system development charges or fees, documentation of charges/fees waived by
the city or a letter of commitment from the city that the fees will be waived and the timetrame
for such waiver.
• For requests for utility improvement funding, a project schedule showing affordable housing
development be able to begin construction within 24 months of the giant award.
• Commitment of other funds.
• Documentation of a program that will monitor affordability of units for a minimum of 25 years.
• Seeuritization (covenant and/or note and deed of trust for affordable housing units).
• If applicable, state prevailing wages and documentation or attestation of strong labor standards,
• Risk assessment survey, if requested.
• Proof of insurance coverage, if requested by Commerce.
• Any documents needed to respond to new federal guidance.
Once all pre -contracting requirements have been met, a contract will be prepared and sent to the applicant for
signature. The authorized representative will need to sign the contract and then rehu'n a scanned pdf copy to
the Commerce project manager. Then the project manager will route the contract for Commerce's signature.
It generally takes two to four weeks to fully execute a contract. Once executed by Commerce, a fully
executed copy will be scanned and a pdf copy emailed to the jurisdiction and the grantee will have access to
their fiords. This is a reimbursement -style grant, meaning no advance payments under any circumstances,
reimbursable costs are those that a grantee has already incurred.
Eric Guide from our GMS Dousing programs will Ue iu touch with you to develop tDe contracts) and answer
any quesfions you may Dave. His email is eric.guida t�commerce.wa.gov, and his phone number is
360,725,3044,
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc:
Armondo Pavone, Mayor, City of Renton
Katie Nolan, Water Utility Engineer
Eric Guida, Senior Planner, Growth Management Services
Anne Fritzel, AICP, Housing Programs Manager, Growth Management Services