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Consolidated Homeless Grant Agreement with Department of Commerce BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON IN RE Approve Consolidated Homeless Grant ) (CHG) Agreement between Washington ) RESOLUTION No 19- it-)1 State Department of Commerce (DOC) and ) Lewis County ) WHEREAS, the Board of County Commissioners (BOCC), Lewis County, Washington, has reviewed CHG Contract Number 20-46108-18 between Lewis County and DOC beginning July 1, 2019 through June 30, 2021, AND WHEREAS, funding is available through the CHG program in the amount of $1,737,278 to provide for case management, shelter, permanent supportive housing, prevention rapid rehousing, and housing & essential needs to families and individuals at risk of or experiencing homelessness, AND WHEREAS, it appears to be in the best public interest to authorize the execution of said contract for Lewis County, NOW, THEREFORE BE IT RESOLVED that CHG Contract Number 20-46108- 18 between DOC and Lewis County for $1,737,278 from July 1, 2019 through June 30, 2021, is hereby approved and the Director of Public Health & Social Services is authorized to sign the same DONE IN OPEN SESSION this IJ` day of , 2019 APPROVED AS TO FORM. BO , : ■ OF COUNTY COMM! TONERS Jonath Meyer, Prosecuting Attorney WIS ' OUNTY, WASHIN r ON (911) I / z / i `L, - 4 By Cu -n atten Robe C Jackson, Chair Deputy Prosecuting Attorney q---Ofi ATTEST: Gary St mper, Vice Chair • UNr • / ohs, k�•• Rieva Lester, Clerk of t�1e$oard \ rte: Edna J Fund, ' .mmissioner SINCE " "!•t 8 o •• . \ 1845 *e ••• NS1St°0•® Lewis County Details of Budget or Request For Budget Amendment Fund 104 Type of appropriation Department 618 ® Supplemental-has new offsetting revenue Program _ 0 0 Emergency-using fund balance Please Discuss Current Budget Uses or Describe a Need For Additional Funding This is a contract for the Consolidated Homeless Grant(CHG)Lewis County will distribute these funds to local Agencies This is for funds currently budgeted to 104.618.000.334.04.21.00 The duration of this grant is July 1 2019-June 30,2021 This is for two years Use of Funds ❑ New Expenditure ❑ New Transfer Out or IS Currently Budgeted Account Description BARS Account Number Amount Professional Services 104 618 000 000 565 40' 00 1,737,278 Total Use of Funds. $1,737,278 Source of Funds ❑ New Revenue ❑ Use of Fund Balance ❑ New Transfer In or ID Currently Budgeted Account Description BARS Account Number Amount DOC CHG 104 618 000 000, 334L 04, 00, 1,737,278 1 Total Source of Funds- $1,737,278 Elected/Director Date BD T 00 oe Department f Commerce tit 644- Grant Agreement with Lewis County Public Health and Social Services through Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant (CHG) Start date: July 1, 2019 THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS Special Terms and Conditions 1 Face Sheet 1 1 Grant Management . 2 2 Compensation . . 2 3 Billing Procedures and Payment . ..2 4 Subcontractor Data Collection 2 5 Eligible Use of Funds 2 6 Insurance 2 7 Washington State Quality Award 3 8 Order of Precedence 4 General Terms and Conditions 5 1 Definitions 5 2 Access to Data 5 3 Advance Payments Prohibited 5 4 All Writings Contained Herein 5 5 Amendments 5 6 Americans With Disabilities Act (ADA) 6 7 Assignment 5 8. Attorneys' Fees 5 9 Confidentiality/Safeguarding of Information 6 10 Conflict of Interest 6 11 Copyright 7 12 Disputes ... . 7 13 Duplicate Payment. 8 14 Governing Law and Venue 8 15 Indemnification 8 16 Independent Capacity of the Contractor 8 17 Industrial Insurance Coverage 8 18 Laws 9 19 Licensing, Accreditation and Registration 9 20 Limitation of Authority. 9 21 Noncompliance With Nondiscrimination Laws 9 22 Pay Equity 9 23 Political Activities 9 24 Publicity 10 25 Recapture 10 26 Records Maintenance . . 10 27 Registration With Department of Revenue 10 28 Right of Inspection 10 29 Savings. . . 10 30 Severability 10 31 Site Security 10 32 Subcontracting 11 33 Survival .. . 11 i TABLE OF CONTENTS 34 Taxes ... 11 35 Termination for Cause 11 36 Termination for Convenience 11 37 Termination Procedures 12 38 Treatment of Assets 12 39 Waiver 13 Attachment A Scope of Work Attachment B, Budget FACE SHEET Contract Number. 20-46108-18 Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant(CHG) 1 Grantee 2 Grantee Doing Business As(optional) Lewis County Public Health and Social Services N/A PO BOX 509 CHEHALIS,WA 98532 3 Grantee Representative 4 COMMERCE Representative Meja Handlen Megan Kendig 1011 Plum Street SE Housing Coordinator Grant Manager Olympia,Washington,98504 (360)740 1234 (360)725 2920 2525 meia.handlen @lewiscountywa.gov megan.kendig @commerce wa.gov 5 Grant Amount 6 Funding Source 7 Start Date 8 End Date $1,737,278.00 Federal. State Other.X N/A July 1,2019 June 30,2021 9 Federal Funds(as apphcable) Federal Agency CFDA Number N/A N/A N/A 10 Tax ID# 11 SWV# 12 UBI# 13 DUNS# XXXXXXXXXXXXXX SWV0001232 14 212002978 N/A 14 Grant Purpose This grant provides resources to assist people who are expenencing homelessness obtain and maintain housing stability Grantees and subgrantees must pnoritize unsheltered homeless households for assistance and services 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 2019-2021 Homeless Housing Funding Application,CHG Guidelines(as they may be revised from time to time),and Grant Terms and Conditions including Attachment"A" Scope of Work,Attachment"B"—Budget FOR GRANTEE FOR COMMERCE Signature Diane Klontz,Assistant Director Community Services and Housing Division Print Name and Title Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE 1 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1 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 grant 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. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $1,737,278 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 in accordance with Attachment B—Budget 3 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 not more often than monthly Exceptions to the single billing per month (or quarterly)can be made by COMMERCE on a case-by-case basis 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 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 subgrants/subcontracts 4 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 5 ELIGIBLE USE OF FUNDS Funding awarded under this Grant may only be used for eligible activities and expenses described in the CHG Program Guidelines These Guidelines are incorporated by reference 6 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 Subgrantee/subcontractor, or agents of either while performing under the terms of this Grant 2 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The insurance required shall be issued by an insurance company authorized to do 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 the Grant start date a certificate of insurance which outlines the coverage and limits defined in this insurance section During the term of the Grant, 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 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 Grant activity but no less than $1,000 000 per occurrence Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/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 Subgrantee/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 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 Local Government Grantees 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 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 Grantee shall provide annually to 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 7 WASHINGTON STATE QUALITY AWARD Organizations receiving over five hundred thousand dollars during the previous calendar year must apply for a Washington State Quality Award (WSQA) assessment once every three years if the funding is from any of the following sources a State housing-related funding sources b affordable housing for all surcharge in RCW 36.22.178 3 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS c. home security fund surcharges in RCW 36.22.179 and 36.22.1791 d any other surcharge imposed under chapter 36.22 or 43 185C RCW to fund homelessness programs or other housing programs For more information about obtaining a WSQA assessment, visit Performance Excellence Northwest's website at https.//performanceexcellencenw.orq/ 8 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 • Grant Face Sheet • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B—Budget • CHG Guidelines 4 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 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 Grantee 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. "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 The terms subgrantee/subcontractor" refers to any tier H "Subrecipient" shall mean a non federal entity that expends federal awards received from a pass through entity to carry out a federal program but does not include an individual that is a beneficiary of such a program It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce I "Vendor" is an entity that agrees to provide the amount and kind of services requested by COMMERCE provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and provides services on a fee-for-service or per unit basis with contractual penalties if the entity fails to meet program performance standards 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, conclusions, and recommendations of the Grantee s reports including 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 5 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 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 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 ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs 9 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 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 10 CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal the COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act Chapters 42 52 RCW and 42.23 RCW, or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their subcontractor(s) must identify any 6 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS person employed in any capacity by the state of Washington that worked on the Commerce program administering this Grant, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by job title or position held and separation date If it is determined by COMMERCE that a conflict of interest exists the Grantee may be disqualified from further consideration for the award of a Grant In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the Grantee 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 11 COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U S Copyright Act and shall be owned by COMMERCE COMMERCE shall be considered the author of such Materials In the event the Materials are not considered "works for hire" under the U S Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials "Materials" means all items in any format and includes, but is not limited to data, reports, documents pamphlets, advertisements books, magazines, surveys studies computer programs, films tapes and/or sound reproductions "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights For Materials that are delivered under the Grant but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free irrevocable license(with rights to sublicense to others) in such Materials to translate, reproduce distribute, prepare derivative works, publicly perform and publicly display The Grantee warrants and represents that the Grantee has all rights and permissions including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE The Grantee shall exert all reasonable effort to advise COMMERCE at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee 12 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 Contract number, and • be mailed to the Director and the other party's (respondent's) Grant Representative within three (3)working days after the parties agree that they cannot resolve the dispute The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5)working days 7 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The Director or designee shall review the written statements and reply in writing to both parties within ten (10)working days The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal Nothing in this 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 13 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 subgrant/subcontract, or agreement for the same services or expenses 14 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 15 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, 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 attorneys 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 agencts employees, representatives, or any subgrantee/subcontractor or its employees The Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee's or any subgrantee's/subcontractor's performance or failure to perform the Grant 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 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Grant. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law Conduct and control of the work will be solely with the Contractor 17 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 Contract and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services This provision does not waive any of L&I's rights to collect from the Grantee 8 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 18 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 19. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing accreditation and registration requirements or standards necessary for the performance of this Contract 20 LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's delegate by writing (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 Contract. Furthermore, any alteration, amendment modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative 21 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 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 may be resolved in accordance with the"Disputes procedure set forth herein 22 PAY EQUITY The Grantee agrees to ensure that"similarly employed individuals in its workforce are compensated as equals, consistent with the following a Employees are"similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions Job titles alone are not determinative of whether employees are similarly employed, b Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following (i)A seniority system a merit system, a system that measures earnings by quantity or quality of production, a bona fide job-related factor or factors, or a bona fide regional difference in compensation levels (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 23 POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42 17A RCW and the Federal Hatch Act, 5 USC 1501 1508 No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office 9 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 24 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 25 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 26 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 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 27 REGISTRATION WITH DEPARTMENT OF REVENUE If required by law the Grantee shall complete registration with the Washington State Department of Revenue 28 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 29 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 suspend or terminate the Grant under the "Termination for Convenience clause without the ten calendar day notice requirement. In lieu of termination the Grant may be amended to reflect the new funding limitations and conditions 30 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 31 SITE SECURITY While on COMMERCE premises Grantee, its agents employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations 10 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 32 SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE 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 33 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 34 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 35 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"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 Grant are not exclusive and are in addition to any other rights and remedies, provided by law 36 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 11 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 37 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. 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 1 Stop work under the Grant on the date, and to the extent specified in the notice, 2 Place no further orders or subgrants/subcontracts 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; 3 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/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 s u bg rants/subcontracts 4 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, 5 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 6 Complete performance of such part of the work as shall not have been terminated by the Authorized Representative, and 7 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 38 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 12 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS B The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices C If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage D The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion termination or cancellation of this Grant All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors 39. 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 13 Attachment A Scope of Work A. Grantees shall commit to operating a high performing crisis response system in their county by a Prioritizing unsheltered homeless and households fleeing violence for services and programs (Guidelines Administrative Requirements of Lead Grantees) b Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing (Guidelines Requirements of all Lead Grantees and Subgrantees Providing Direct Service) c Employing a progressive engagement service model (Guidelines Requirements of all Lead Grantees and Subgrantees Providing Direct Service) d Prioritizing households most likely to become homeless when using prevention rent assistance (Guidelines Additional Requirements of Lead Grantees and Subgrantees Providing Rent Assistance) B Grantees shall submit the following monthly deliverables on time with truthful accurate information a Invoice and Voucher Detail Worksheet for reimbursement(Guidelines Fiscal Administration) b Required report(s)from HMIS included with the Invoice (Guidelines Fiscal Administration) C Grantees shall submit the following deliverables on time with truthful, accurate information a Local Homeless Housing Plan Updates (Guidelines Reporting Requirements) b Annual County Report/Homeless Housing Inventory(Guidelines Reporting Requirements) including Point In Time Count information (Guidelines Reporting Requirements) c Essential Needs Report(Guidelines Reporting Requirements) d Grantees shall commit to reporting complete quality data that is timely truthful and accurate (Guidelines Requirements of all Lead Grantees and Subgrantees Providing Direct Service and HMIS User Agreement) D Grantees shall comply with all of the requirements policies and procedures in the Consolidated Homeless Grant Guidelines E Performance Requirements Unsheltered and fleeing violence prioritization, housing outcome performance measures and benchmarks are outlined in the table below Grantees must meet or demonstrate progress towards established performance targets (Guidelines Administrative Requirements of Lead Grantees and Appendix Performance Measurements) 14 Attachment A Performance Measures Intervention Performance SFY 2018 Change from June 30,2020 June 30,2021 Type Measure Baseline Baseline Benchmark Benchmark Emergency Increase Percent Exits 50% Maintain current No less than TBD Shelter to Permanent Housing rate 50% (Excludes Drop In Emergency Shelter) Rapid Re- Increase Percent Exits 72% Increase by 5 At least 77% TBD Housing to Permanent Housing percentage points Permanent Increase Exits to or 93% Increase by 5 No less than TBD Supportive Retention of percentage points 95% Housing* Permanent Housing System Increase Percent 53% Increase 5 At least 58% TBD Unsheltered and percentage points Fleeing Violence *Grantees with CHF PSH projects in regions where PSH was not previously funded by CHG are exempt from the consequences of non-compliance for the first year of the contract period F Consequences of non-compliance a If Commerce determines that a Grantee is failing to comply with the Guidelines Terms and Conditions Commerce will notify Grantee that Grantee will receive technical assistance and be required to respond to a corrective action plan to address and remedy the noncompliance b If the Grantee is still out of compliance after the technical assistance, Commerce may move the Grantee into a probationary period with a second corrective action plan and may reduce the grant total by 20% c If the Grantee remains out of compliance after the probation period, Commerce may terminate the grant per the General Terms and Conditions TERMINATION FOR CAUSE 15 Attachment B Budget Budget Total Admin $91,296 00 Rent/Fac Support Lease $203,436 00 Other Rent/Fac Support Lease and Housing Costs $131,310 00 Operations $169,229 00 PSH CHF Rent/Fac Support Lease $37,621 00 PSH CHF Other Rent/Fac Support Lease and Housing Costs $20,257 00 PSH CHF Operations $5,243 00 HEN Admm 2020 $36,806 85 HEN Rent/Fac Support and Housing Costs 2020 $381,407 15 HEN Operations 2020 $121,229 00 HEN Admin 2021 $36,806 85 HEN Rent/Fac Support and Housing Costs 2021 $381,636 15 HEN Operations 2021 $121,000 00 Total $1,737,278 00 16 .BOCC'AGENDA ITEM SUMMARY Resolution' BOCC Meeting Date. Jul 15, 2019 Suggested Wording for Agenda Item. Agenda Type: Consent Approve Consolidated Homeless Grant(CHG)Agreement between Washington State Department of Commerce (DOC) and Lewis County Contact JP Anderson Phone. 2787 Department Public Health and Social Services Action Needed Approve Resolution Description These funds are for homeless housing services Public Health& Social Services will subcontract the funds to local service agencies to provide case management, shelter,permanent supportive housing,prevention, rapid rehousing,and housing & essential needs to those who are literally or at imminent risk of homelessness Lewis County Effective July 1, 2019 through June 30, 2021 Approvals: User Group Status Anderson, JP ' Pending Gatten, Cullen (3/LC-1 Pending Whiton, Wayne Pending Cover Letter To Megan Kendi,Program Manager PO Box 42525 1011 Plum St SE Olympia,WA 98504-2525 Additional Copies Sandi Andrus Mega Handlen Stacey Loflin Wayne Whiton Suzette Smith Tina Hemphill