HomeMy WebLinkAboutCAG2022-441 - Original - WA State Dept. of Commerce - Utility Residential Customer Arrearages Grant - 11/01/2022Ap
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Originator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget? o Yes o No
Grant? o Yes o No
Type:
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Date Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:
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Vendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Federal General Grant with
City of Kent
through
Commerce Energy Division
Grant Number:
22-56104-023
For
Utility Residential Customer Arrearages
Dated: Tuesday, November 1, 2022
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Page 2 of 23
Table of Contents
TABLE OF CONTENTS .............................................................................................................................................. 2
FACE SHEET ............................................................................................................................................................ 4
SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 5
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING ................................................................................................. 5
2. GRANT MANAGEMENT .................................................................................................................................... 5
3. COMPENSATION .............................................................................................................................................. 5
4. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 5
5. SUBGRANTEE/SUBCONTRACTOR DATA COLLECTION ...................................................................................... 6
6. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 6
7. ORDER OF PRECEDENCE .................................................................................................................................. 6
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 7
1. DEFINITIONS .................................................................................................................................................... 7
2. ACCESS TO DATA .............................................................................................................................................. 7
3. ADVANCE PAYMENTS PROHIBITED .................................................................................................................. 8
4. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 8
5. AMENDMENTS ................................................................................................................................................ 8
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE 28
CFR PART 35 ............................................................................................................................................................... 8
7. ASSIGNMENT ................................................................................................................................................... 8
8. FEES ............................................................................................................................................ 8
9. AUDIT .............................................................................................................................................................. 8
10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION-
PRIMARY AND LOWER TIER COVERED TRANSACTIONS ............................................................................................. 8
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION................................................................................... 9
12. CONFLICT OF INTEREST .................................................................................................................................. 10
13. COPYRIGHT PROVISIONS ............................................................................................................................... 10
14. DISPUTES ....................................................................................................................................................... 11
15. DUPLICATE PAYMENT .................................................................................................................................... 11
16. GOVERNING LAW AND VENUE ...................................................................................................................... 11
17. INDEMNIFICATION ........................................................................................................................................ 12
18. INDEPENDENT CAPACITY OF THE GRANTEE................................................................................................... 12
19. INDIRECT COSTS ............................................................................................................................................ 12
20. INDUSTRIAL INSURANCE COVERAGE ............................................................................................................. 12
21. LAWS ............................................................................................................................................................. 12
22. LICENSING, ACCREDITATION AND REGISTRATION ......................................................................................... 12
23. LIMITATION OF AUTHORITY .......................................................................................................................... 12
24. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ................................................................................. 13
25. PAY EQUITY .................................................................................................................................................... 13
26. POLITICAL ACTIVITIES .................................................................................................................................... 13
27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS ............................................................. 13
28. PUBLICITY ...................................................................................................................................................... 14
29. RECAPTURE.................................................................................................................................................... 14
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30. RECORDS MAINTENANCE .............................................................................................................................. 14
31. REGISTRATION WITH DEPARTMENT OF REVENUE......................................................................................... 15
32. RIGHT OF INSPECTION ................................................................................................................................... 15
33. SAVINGS ........................................................................................................................................................ 15
34. SEVERABILITY ................................................................................................................................................. 15
35. SITE SECURITY ................................................................................................................................................ 15
36. SUBGRANTING ............................................................................................................................................... 15
37. SURVIVAL ....................................................................................................................................................... 16
38. TAXES ............................................................................................................................................................. 16
39. TERMINATION FOR CAUSE............................................................................................................................. 16
40. TERMINATION FOR CONVENIENCE ................................................................................................................ 16
41. TERMINATION PROCEDURES ......................................................................................................................... 16
42. TREATMENT OF ASSETS ................................................................................................................................. 17
43. WAIVER ......................................................................................................................................................... 18
ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 19
ATTACHMENT B: BUDGET .................................................................................................................................... 23
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Face Sheet
Grant Number: 22-56104-023
Energy Division Subrecipient
Utility Residential Customer Arrearages Contractor
1. Grantee 2. Grantee Doing Business As (as applicable)
City of Kent
220 4th Ave S
Kent, WA 98032-5895
N/A
3. Grantee Representative 4. COMMERCE Representative
Molly Bartlemay
Finance Customer Service Manager
253-856-5206
mbartlemay@kentwa.gov
Anneka McDonald
360-764-6103
Anneka.mcdonald@commerce.wa.gov
PO Box 42525
1011 Plum St. SE
Olympia, WA 98504
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$100,000.00 Federal: State: Other: N/A: 11/1/2022 6/30/2023
9. Federal Funds (as applicable)
$100,000.00
Federal Agency:
US Department of the Treasury
ALN
21.027
Indirect Rate
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. UEI #
N/A SWV0000552-04 173-000-002 GALJSHRB2EM6
14. Grant Purpose
The purpose of this contract is to provide funding for public and private water, sewer, garbage, electric, and natural gas
utilities to address low-income customer arrearages compounded by the COVID-19 20 pandemic and the related economic
downturn that were accrued between March 1, 2020, and December 31, 2021.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the
terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other
documents incorporated by reference: Grantee Scope of Work,
Budget
FOR GRANTEE FOR COMMERCE
Dana Ralph, Mayor, City of Kent, WA
Date
Michael Furze, Assistant Director, Energy Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
________________________________________________________________________________________________________
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Special Terms and Conditions
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Date: Not Provided
Federal Award Identification Number (FAIN): SLFRP0002
Total amount of the federal award: $100,000,000.00
Awarding official: US Department of Treasury
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:
SLFRF 2022 awarded by 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
Energy Division
2. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $100,000.00 for the performance of all things
necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's
compensation for services rendered shall be based on the following rates or in accordance with the
following terms:
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE via the
Commerce Grants Management System.
If required, the attachments to the invoice request in the Commerce Grants Management System
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 22-56104-023. 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.
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.
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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 Grant through June 30,
regardless of the Grant start and end date.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees/subcontractors.
In the event that funding provided under this grant is used for any other reason than the purpose
stated in Section 14 of the Face Sheet, the Grantee must repay all grant funds that were not expended
for that purpose (i.e. to address low-income customer arrearages), 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 program funded. Repayment shall be pursuant to Section 29
(Recapture) of the General Terms and Conditions.
5. SUBGRANTEE/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 subgrantees/subcontractors and
the portion of Grant funds expended for work performed by subgrantees/subcontractors, including but
not necessarily limited to minority-owned, woman-owned, and veteran-owned business
subgrantee ubgrantees/subcontractors grantees of any tier.
6. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property
furnished under this Contract immediately or as soon as practicable to the Commerce Representative
identified on the Face Sheet.
7. 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 Budget
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General Terms and Conditions
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A.
behalf.
B. shall mean the Washington Department of Commerce.
C. Grant means the entire written agreement between
COMMERCE and the Grantee, including any Exhibits, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Grant
shall be the same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under
this Grant, and shall include all employees and agents of the Grantee.
E. shall mean all direct salaries and wages, applicable
fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each
subaward (regardless of the period of performance of the subawards under the award).
MTDC excludes equipment, capital expenditures, charges for patient care, rental costs,
tuition remission, scholarships and fellowships, participant support costs and the portion
of each subaward in excess of $25,000.
F.
limited to, information that rela
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.
G.
H. an award provided by a pass-through entity to a subrecipient for
the subrecipient to carry out part of a Federal award received by the pass-through entity.
It does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program. A subaward may be provided through any form of legal
agreement, including an agreement that the pass-through entity considers a contract.
I. a non-Federal entity that receives a subaward from a pass-
through entity to carry out part of a Federal program; but does not include an individual
that is a beneficiary of such program. A subrecipient may also be a recipient of
other Federal awards directly from a Federal awarding agency.
J. "Subgrantee/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 Grant with the
Grantee grantee contractor s any tier.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
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conclusions, and recommendations of the Grantee ing computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
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
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. 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.
8.
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant
9. AUDIT
If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit, the Grantee shall:
A. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200,
reports required by the program-specific audit guide (if applicable), and a copy of any
management letters issued by the auditor.
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 the Federal Audit Clearinghouse.
10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION- PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Grantee, defined as the primary participant and it principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief they:
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i. Are not presently debarred, suspended, proposed for debarment, and 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
gibility and Voluntary Exclusion-Lower
transactions and in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency.
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such Grantee shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded ,
as used in this section, have the meanings set out in the Definitions and Coverage sections
of the rules implementing Executive Order 12549. You may contact COMMERCE for
assistance in obtaining a copy of these regulations.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A.
i. All material provided to the Grantee by COMMERCE that is designated as
ii. All material produced by the Grantee
COMMERCE; and
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iii. All Personal Information in the possession of the Grantee that may not be disclosed
under state or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Grantee shall use Confidential
Information solely for the purposes of this Grant and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent
of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Grant whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The 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.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due
notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act,
Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the Grantee in the procurement
of, or performance under this Grant.
Specific restrictions apply to Granting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The Grantee and their subgrantee(s) must identify any
person employed in any capacity by the state of Washington that worked with the COMMERCE
program executing this Grant, including but not limited to formulating or drafting the legislation,
participating in procurement planning and execution, awarding Grants, and monitoring Grant, during
the 24-month period preceding the start date of this Grant. Identify the individual by name, the agency
previously or currently employed by, job title or position held, and separation date. If it is determined
by COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further
consideration for the award of a Grant.
In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the Grantee as it could pursue in the event of a breach of the Grant 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
Grant.
13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
ws, 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.
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eans 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,
ght, 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.
14. 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 Grantee's name, address, and Grant number; and
Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
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
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
15. DUPLICATE PAYMENT
COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other Grant or agreement, for the same services or
expenses.
16. 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.
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17.INDEMNIFICATION
To the fullest extent permitted by law, 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, from and against all claims for injuries or death arising out of or resulting from the performance
of the Grant Grant, means any financial loss, claim, suit, action, damage, or
or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.
Grantee Grantee
employees, representatives, or any subgrantee or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to Grantee grantee Grant. Grantee
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.
Grantee waives its immunity under Title 51 RCW, Industrial Insurance, to the extent it is required to
indemnify, defend and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent Grantee 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.
19. INDIRECT COSTS
Grantee shall provide their indirect cost rate that has been negotiated between their entity and the
Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified total
direct costs (MTDC) will be used.
20. INDUSTRIAL INSURANCE COVERAGE
Grantee shall comply with all applicable provisions of Title 51 RCW. 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 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 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 waiv Grantee.
21. LAWS
Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local,
state, and federal governments, as now or hereafter amended.
22. LICENSING, ACCREDITATION AND REGISTRATION
Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
23. LIMITATION OF AUTHORITY
(delegation to be made prior to action) shall have the express, implied, or apparent authority to alter,
amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration,
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amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding
unless made in writing and signed by the Authorized Representative.
24. 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 -compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
Grants with COMMERCE. The Grantee shall, however, be given a reasonable time in which to cure
this noncompliance. Any dispute
forth herein.
The funds provided under this Grant 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.
25. PAY EQUITY
The Grantee
as equals, consistent with the following:
A.
performance of the job requires comparable skill, effort, and responsibility, and the jobs
are performed under similar working conditions. Job titles alone are not determinative of
whether employees are similarly employed;
B. Grantee may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
i. A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
ii. A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
iii. A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Grant may be terminated by the Department, if the Department or the Department of Enterprise
Services determines that the Grantee is not in compliance with this provision.
26. 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.
27. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
All Grantees must establish procurement policies and procedures in accordance with 2 CFR Part 200,
for all purchases funded by this Grant.
The Grantee
________________________________________________________________________________________________________
Page 14 of 23
A. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of Grants using federal funds.
B. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition.
C. Minimum procedural requirements, as follows:
i. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items.
ii. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
iii. Positive efforts shall be made to use small and minority-owned businesses.
iv. The type of procuring instrument (fixed price, cost reimbursement) shall be
determined by the Grantee, but must be appropriate for the particular procurement
and for promoting the best interest of the program involved.
v. Grants shall be made only with reasonable subgrantees who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procurement.
vi. Some form of price or cost analysis should be performed in connection with every
procurement action.
vii. Procurement records and files for purchases shall include all of the following:
1) Grantee selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
viii. A system for Grant administration to ensure Grantee conformance with terms,
conditions and specifications of this Grant, and to ensure adequate and timely follow-
up of all purchases.
D. Grantee and Subgrantee must receive prior approval from COMMERCE for using funds from
this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is
received when value of this Grant is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed Grants and any related procurement
documents and justification for non-competitive procurement, if applicable.
28. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
r implied, without the
prior written consent of COMMERCE.
29. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
30. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
and performance of the services described herein, including but not limited to accounting procedures
________________________________________________________________________________________________________
Page 15 of 23
and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Grant.
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 Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
31. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
32. RIGHT OF INSPECTION
The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
33. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
34. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
35. SITE SECURITY
While on COMMERCE premises, Grantee, its agents, employees, or subgrantees shall conform in all
respects with physical, fire or other security policies or regulations.
36. SUBGRANTING
The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to
subgranting, as well as copies of all subgrants and records related to subgrants. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subgranting procedures as they
relate to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or (c)
require the Grantee to rescind or amend a subgrant.
Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce
the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee
________________________________________________________________________________________________________
Page 16 of 23
Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee grant.
37. 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.
38. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee e
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
39. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the Grant. A termination shall be deemed a
that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault
or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
40. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
41. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for
the performance of such part of this Grant as has been terminated. The provisions of the "Treatment
of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant.
________________________________________________________________________________________________________
Page 17 of 23
COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Grant that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Grantee under the
orders and subgrants so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and subgrants;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subgrants, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for
all the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent
directed by the Authorized Representative any property which, if the Grant had been
completed, would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct,
for the protection and preservation of the property related to this Grant, which is in the
possession of the Grantee and in which COMMERCE has or may acquire an interest.
42. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property
by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Grantee or which results from the failure on the part of
the Grantee to maintain and administer that property in accordance with sound
management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
________________________________________________________________________________________________________
Page 18 of 23
damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this Grant.
E. All reference to the Grantee under this clause shall also include Grantee
agents or subgrantees/subcontractors.
43. 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.
________________________________________________________________________________________________________
Page 19 of 23
Attachment A: Scope of Work
Section 128 (199), 2022 Supplemental Operating Budget proviso states:
$100,000,000 of the coronavirus state fiscal recovery fund federal appropriation is provided solely for
grants for public and private water, sewer, garbage, electric, and natural gas utilities to address low-
income customer arrearages compounded by the COVID-19 20 pandemic and the related economic
downturn that were accrued between March 1, 2020, and December 31, 2021.
(a) By May 27, 2022, each utility that wishes to participate, must opt-in to the grant program by
providing the department the following information:
i. Current arrearage balances for residential customers as of March 31, 2022; and
ii. Available information on arrearage balances of low-income customers, including
customers who received assistance from the low-income home energy assistance
program, low-income water assistance program, or ratepayer-funded assistance programs
between April 1, 2020, and March 31, 2022, as of March 31, 2022. If a utility does not
have access to information regarding customer participation in these programs, the
department must distribute funding to the community action program serving the same
service area as the utility instead of the utility.
(b) In determining the amount of funding each utility may receive, the department must consider:
i. Each participating utility's proportion of the aggregate amount of arrearages among all
participating utilities;
ii. Utility service areas that are situated in locations experiencing disproportionate
environmental health disparities;
iii. American community survey poverty data; and
iv. Whether the utility has leveraged other fund sources to reduce customer arrearages.
(c) The department may retain up to one percent of the funding provided in this subsection to
administer the program.
(d) Each utility shall disburse funds directly to customer accounts by December 31, 2022. Funding
shall only be distributed to customers that have participated in the low-income home energy
assistance program, low-income water assistance program, or ratepayer-funded assistance
programs.
(e) Utilities may, but are not required to, work with other utilities or use community action agencies to
administer these funds following the eligibility criteria for the low-income home energy assistance
program and the low income household water assistance program.
(f) By March 1, 2023, each utility who opted into the grant program must report to the department,
utilities and transportation commission, and state auditor on how the funds were utilized and how
many customers were supported.
(g) Utilities may account for and recover in rates administrative costs associated with the
disbursement of funds provided in this subsection.
________________________________________________________________________________________________________
Page 20 of 23
Tasks and Deliverables
Task 1: Funding Priorities
Recipients will be asked to respond in the Smartsheet link provided by Commerce.
1. How is your utility planning to prioritize funds to support qualifying customers in need?
Please choose all that apply.
Customers who have received Low-Income Home Energy Assistance (LIHEAP)
assistance and/or Low-Income Household Water Assistance (LIHWAP)
Income level
Longest held balances
Largest balances
Renter-held accounts
All customers with qualifying debt
Other
2. Please rank prioritization in the order of which customers will receive funding first:
Rank in the order of 1 = the highest priority, 6 = the lowest priority and 0 = does not apply.
Customers who have received Low-Income Home Energy Assistance (LIHEAP)
assistance and/or Low-Income Household Water Assistance (LIHWAP).*
Income level*
Longest held balances*
Largest balances
Renter-held accounts
All customers with qualifying debt
3. Based on your answer to the previous question, do you plan to:
Apply funding to all prioritized customers equally?
o Yes
o No
Eliminate debt of prioritized customer class before moving to the next priority group?
o Yes
o No
Apply some other criteria or strategy?
Task 2: Impacted and Disproportionality Impacted Reporting
Grantee must ensure that funding is only distributed to customers that have participated in the low-
income home energy assistance program, low-income water assistance program, or ratepayer-funded
assistance programs. As used within this C -income cust
the Impacted/Disproportionately Impacted table listed below.
In this task Grantee will review the current State and Local Recovery Funds (SLRF) guidance for
reporting and responsibilities.
Review the reporting guidelines within this link: Utility-Moratorium - Washington State Department of
Commerce
1. Grantees will be asked to respond in the Smartsheet link provided by Commerce.
________________________________________________________________________________________________________
Page 21 of 23
a. What Impacted and/or Disproportionally Impacted population does this project primarily
serve?
b. If this project primarily serves more than one Impacted and/or Disproportionately
Impacted population, please select up to two additional populations served.
i. Grantee will report from the following options:
Impacted Disproportionately Impacted
Assistance to
Households
Low- or-moderate income
households or populations9
Households that experienced
unemployment
Households that experienced
increased food or housing insecurity
Households that qualify for certain
federal programs10
For services to address lost
instructional time in K-12 schools:
any students that lost access to in-
person instruction for a significant
period of time
Other households or populations
that experienced a negative
economic impact of the pandemic
other than those listed above
(please specify)
Low-income households and
populations11
Households and populations residing
in Qualified Census Tracts
Households that qualify for certain
federal programs12
Households receiving services
provided by Tribal governments
Households residing in the U.S.
territories or receiving services from
these governments
For services to address educational
disparities, Title I eligible schools13
Other households or populations that
experienced a disproportionate
negative economic impact of the
pandemic other than those listed
above (please specify)
_______________________
9 Low or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the
size of the household based on the most recently published poverty guidelines by the Department of Health and Human Services (HHS) or (ii) income
at or below 65 percent of the Area Median Income for the county and size of household based on the most recently published data by the Department
of Housing and Urban Development (HUD).
10 ld Care and
; Home Investment
11 Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of the
household based on the most recently published poverty guidelines by HHS or (ii) income at or below 40 percent of Area Median Income for its county
and size of household based on the most recently published data by HUD.
12 Nutrition
- and Reduced--Income
Section 8 Vouchers, Low-Income Home Energ
13 For educational services and other efforts to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately
impacted and responsive services that support the sc
schools eligible to receive services under section 1113 of Title I, Part A of the Elementary and Secondary Education Act of 1965, as amended (20
U.S.C. 6313), including schools served under section 1113(b)(1)(C) of that Act.
Task 3: Promoting Equitable Outcomes
equity as a goal, names specific targets intended to produce meaningful equity results at scale, and
articulates the strategies to achieve those targets
overall equity strategy translates into the specific services or programs offered by your jurisdiction.
________________________________________________________________________________________________________
Page 22 of 23
Please also describe any constraints or challenges that impacted project success in terms of increasing
equity.
1. Grantees will be asked to respond in the Smartsheet link provided by Commerce.
Task 4: Expenditure Reporting
1. All Grantees are required to submit Project and Expenditure Reports with each invoice submitted
for payment.
a. Grantees must submit a detailed expenditure report of all expenses (totaling the
requested reimbursement amount) and backup invoice documentation. The expenditure
report/ledger must include:
i. Adopted budgets
ii. Dates of expenditures
iii. Expense categories (aligning with the categories from Impacted and
Disproportionately Impacted Table)
b. Number of households with unpaid service bills.
i. Number of months
ii. Arrearage amount
2. Subawards, Contracts, Grants, Loans, Transfers, and Direct Payments: Each Grantee shall also
provide detailed obligation and expenditure information for any contracts and grants awarded,
loans issued, transfers made to other government entities, and direct payments made by the
recipient that are greater than $50,000.
________________________________________________________________________________________________________
Page 23 of 23
Attachment B: Budget
Item Description Amount
1 Grant for residential customer arrearages $100,000.00
Total Grant Amount $100,000.00
Certificate Of Completion
Envelope Id: A21780702ED4458E9D6D0FEF7495B7B1 Status: Completed
Subject: Review DocuSign: 22-56104-023 City of Kent Utility Residential Customer
Division:
Energy
Program: Energy
ContractNumber: 22-56104-023 City of Kent Utility Residential Customer Arrearages
DocumentType: Contract
Source Envelope:
Document Pages: 23 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 1 Anneka McDonald
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
anneka.mcdonald@commerce.wa.gov
IP Address: 147.55.149.159
Record Tracking
Status: Original
11/17/2022 2:40:21 PM
Holder: Anneka McDonald
anneka.mcdonald@commerce.wa.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign
Signer Events Signature Timestamp
Sheri Davis
sheri.davis@commerce.wa.gov
Signing Group: COM Energy Budget Office
Security Level: Email, Account Authentication
(None), Login with SSO Signature Adoption: Pre-selected Style
Using IP Address: 147.55.134.88
Sent: 11/17/2022 2:48:36 PM
Viewed: 11/18/2022 6:46:49 AM
Signed: 11/18/2022 6:49:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dana L Ralph
dralph@kentwa.gov
Mayor
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 73.83.111.248
Signed using mobile
Sent: 11/18/2022 6:49:04 AM
Viewed: 11/18/2022 6:34:50 PM
Signed: 11/18/2022 6:35:11 PM
Electronic Record and Signature Disclosure:
Accepted: 8/30/2021 8:46:06 AM
ID: 7b663943-2c38-4dd2-a37c-8da3bd6f4fd9
Michael Furze
michael.furze@commerce.wa.gov
Assistant Director, Energy Division
Security Level: Email, Account Authentication
(None), Login with SSO Signature Adoption: Pre-selected Style
Using IP Address: 147.55.149.238
Sent: 11/18/2022 6:35:14 PM
Viewed: 11/21/2022 8:41:48 AM
Signed: 11/21/2022 8:41:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Anneka McDonald
anneka.mcdonald@commerce.wa.gov
Washington State Department of Commerce
Security Level: Email, Account Authentication
(None)Using IP Address: 147.55.149.159
Sent: 11/17/2022 2:47:43 PM
Viewed: 11/17/2022 2:48:35 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Molly Bartlemay
mbartlemay@kentwa.gov
Security Level: Email, Account Authentication
(None)
Sent: 11/21/2022 8:41:57 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/17/2022 2:47:43 PM
Certified Delivered Security Checked 11/21/2022 8:41:48 AM
Signing Complete Security Checked 11/21/2022 8:41:54 AM
Completed Security Checked 11/21/2022 8:41:57 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-
uSign system.
By selecting the check-
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.