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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 THIS PAGE INTENTIONALLY LEFT BLANK 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 { / 0 Date Date ATTEST f{ /,y �U APPROVED AS TO FORM ONLY % Jason A. Seth, City Clerk ,c`OoF\ no, /' �''16 10-7-2022 '` /': 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 CAPITAL FEDERALFUNDS 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 CAPITAL FEDERALFUNDS 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 CAPITAL FEDERALFUNDS 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 FEDERALFUNDS 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 FEDERALFUNDS 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. 14 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL FUNDS 22. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The Grantee and its employees or agents performing under this Grant are not employees or agents of the state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 23. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 24. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended. 25. LICENSING ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, 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