Agreement with Dept of Commerce to provide Shelter Program Grant funds through Housing Assistance Unit BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-030
APPROVE AGREEMENT BETWEEN LEWIS COUNTY
AND THE DEPARTMENT OF COMMERCE TO
PROVIDE SHELTER PROGRAM GRANT FUNDS
THROUGH THE HOUSING ASSISTANCE UNIT IN
THE AMOUNT OF $421,287
WHEREAS, the Board of County Commissioners (BOCC), Lewis County,
Washington, has reviewed Agreement #21-4610C-110 with the Department of
Commerce (DOC) Housing Assistance Unit; and
WHEREAS, funding from the Shelter Program Grant in the amount of $421,287 is
provided for the period of August 1, 2020, through June 30, 2023; and
WHEREAS, funds will be used to develop or expand shelter programs and bring
unsheltered people inside with the goal of exiting participants to permanent and
positive outcomes quickly; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of said contract.
NOW THEREFORE BE IT RESOLVED that Agreement #21-4610C-110 between
Lewis County and DOC to provide Shelter Program Grant funds through the
Housing Assistance Unit in the amount of $421,287 from August 1, 2020, through
June 30, 2023, is hereby approved and the Director of Public Health & Social
Services is authorized to sign the same.
DONE IN OPEN SESSION this 25th day of January, 2021.
Page 1 of 2 Res. 21-030
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: Lindsey R. Pollock, DVM
Lindsey R. Pollock, DVM, Vice Chair
Rieva Lester Sean D . Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-030
Executive Summary
Washington State Department of Commerce
Grant # 21 -4610C-110
Description
The Washington State Department of Commerce, through the housing assistance
unit, has awarded funds to Lewis County Public Health & Social Services for
homeless shelter services. The COVID-19 Outbreak has reduced the number of
bed units available in Lewis County, due to spacing requirements. These funds will
fund equitable and creative approaches to develop or expand shelter programs.
These programs will be county wide with goals of bringing unsheltered persons
inside and to exit to positive outcomes quickly.
Recommendation
Approve agreement so the funds may be received and awarded.
Budget Impact
Fund: 104-618-000-000-565-40-41-00 Housing
Increase: $ 421,287
Period: Aug 1, 2020 — June 30, 2023
Cover Letter:
Megan Kendig
P.O Box 42525
Olympia, WA 98504-2525
Email executed document to megan.kendigAcommerce.wa.gov
Washington State
Department of
"40 Commerce
Interagency Agreement with
Lewis County Public Health and Human Services
through
Community Services and Housing Division
Housing Assistance Unit
Shelter Program Grant
Start date: August 1, 2020
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority 1
2. Contract Management 1
3. Compensation 1
4. Billing Procedures and Payment 1
5. Historical or Cultural Artifacts 1
6. Insurance 2
7. Ownership 2
8. Subcontractor Data Collection 3
9. Order of Precedence 3
General Terms and Conditions
1. Definitions 4
2. All Writings Contained Herein 4
3. Amendments 4
4. Assignment 4
5. Confidentiality and Safeguarding of Information 4
6. Copyright 5
7. Disputes 5
8. Governing Law and Venue 5
9. Indemnification 6
10. Licensing, Accreditation and Registration 6
11. Prevailing Wage 6
12. Recapture 6
13. Records Maintenance 6
14. Savings 6
15. Severability 6
16. Subcontracting 6
17. Survival 7
18. Termination for Cause 7
19. Termination for Convenience 7
20. Termination Procedures 7
21. Treatment of Assets 8
22. Waiver 9
Attachment A, Scope of Work
Attachment B, Budget
ii
FACE SHEET
Contract Number:21-4610C-110
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Shelter Program Grant
1.Contractor 2.Contractor Doing Business As(optional)
Lewis County Public Health and Social Services
PO BOX 509
CHEHALIS,WA 98532
3.Contractor Representative 4.COMMERCE Representative
Meja Handlen Megan Kendig P.O. Box 42525
Housing Coordinator Grant Manager 1011 Plum Street SE
(360)740-1234 (360)401-5149 Olympia,WA 98504-2525
meja.handlen@lewiscountywa.gov megan.kendiggcommerce.wa.gov
5.Contract Amount 6.Funding Source 7.Start Date 8.End Date
$421,287 Federal:❑ State:® Other:❑ N/A:❑ August 1,2020 June 30,2023
9.Federal Funds(as applicable) 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.Contract Purpose
The Shelter Program Grant funds equitable and creative approaches to develop or expand shelter programs and bring unsheltered
people inside with the goal of exiting participants to permanent and positive outcomes quickly.
15.Signing Statement
COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference:Attachment"A"—Scope of Work,Attachment"B"—Budget and Shelter Program Grant
Guidelines.
FOR CONTRACTOR FOR COMMERCE
Aliket 59 V\--0 tttrA --
Printed Name,title Diane Klontz,Assistant Director
Community Services and Housing Division
Signature
Date
/1"Zk
Date APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 08/22/2019.
APPROVAL ON FILE.
iii
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Contract.
a. The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Contract.
b. The Representative for the Contractor and their contact information are identified on the Face
Sheet of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed the Contract amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Contract as
set forth in the Scope of Work(Attachment A).
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices,which shall be submitted to the Representative for COMMERCE.
When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers
and any required documentation electronically through COMMERCE's Grants Management System
(CMS), which is available through the Secure Access Washington (SAW)portal.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants,for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
5. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor's Executive Order 05-05,where applicable,or Contractor shall
complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor
agrees that the Contractor is legally and financially responsible for compliance with all laws,regulations,
and agreements related to the preservation of historical or cultural resources and agrees to hold
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
harmless COMMERCE and the state of Washington in relation to any claim related to such historical
or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this
Contract.
In addition to the requirements set forth in this Contract,Contractor shall,in accordance with Governor's
Executive Order 05-05, coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any tribal
cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP,and the Commerce
Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately,then
contact DAHP and the concerned tribe's cultural staff or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute
for completion of Governor's Executive Order 05-05.
In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act.
6. INSURANCE
Local Government Self-Insured/Liability Pool or Self-Insured Risk Management Program
Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self-
insurance, evidencing continued coverage under Contractor'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. OWNERSHIP
If any of the funds granted under this Contract are used for property acquisition and or capital
improvements, the Contractor agrees and will ensure that the real property or properties will solely be
used to provide emergency housing for low-income households as defined under RCW 43.185A.010
(6), except during State of Emergency related to the COVID-19 outbreak described in the
Proclamation by the Governor, 20-05 or similar states of emergency. Use of funds under this Contract
are subject to the requirements of 2020 ESSB 6168 (Chapter 357, Laws of 2020), Section 127,
subsection (85).
If a housing provider organization other than the Contractor will own the property, all amounts used
for property acquisitions and or capital improvements shall be evidenced by promissory notes, deeds
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
of trust, and low-income restrictive covenants running with the land in favor of the Contractor for at
least ten (10)years starting from the time the property is ready for occupancy by the intended
population (the"Commitment Period"). The Contractor will be responsible for monitoring the property
or properties to ensure compliance with its low-income restrictive covenant during the Commitment
Period.
If the Contractor will own the property, all amounts used for property acquisitions and or capital
improvements shall be evidenced by promissory notes, deeds of trust, and low-income restrictive
covenants running with the land in favor of the Department for at least ten (10)years starting from the
time the property is ready for occupancy by the intended population.
Each deed of trust and low-income restrictive covenant shall be recorded at the county or counties in
which the property or properties are located.
The Contractor will make a good faith effort not to incur costs reimbursable under this Contract in
excess of what is reasonable given market prices, balanced by the need to act promptly to procure
and operate housing and provide services necessary to respond to the State of
Emergency. Commerce reserves the right to decline reimbursement of costs deemed excessive in
Commerce's discretion.
8. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Agreement performed by subcontractors and the
portion of 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.
9. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A—Scope of Work
Attachment B—Budget
Shelter Program Grant Guidelines
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health,finances,education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor.The terms
"subcontractor" and"subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information"as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law.The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)working
days of any unauthorized use or disclosure of any confidential information,and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire"as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered"works for hire"
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials,including all intellectual property rights,moral rights,and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute,prepare derivative works, publicly perform,and publicly display.The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract,of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws,and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING,ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW,as applicable to the Project
funded by this contract,including but not limited to the filing of the"Statement of Intent to Pay Prevailing
Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE's review upon request.
12. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
13. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six(6)years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
14. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
15. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
16. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may:(a)require the Contractor to amend its subcontracting procedures as they
relate to this Contract; (b)prohibit the Contractor from subcontracting with a particular person or entity;
or(c)require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
17. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance,cancellation or termination of this Contract shall
so survive.
18. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1)was not in default;or(2)failure to perform was outside of his or her
control,fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
19. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
20. TERMINATION PROCEDURES
Upon termination of this contract,COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets"clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
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INTERAGENCY AGREEMENT
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(iv)the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed,would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
21. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor.Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or(ii)commencement of use of such property in the performance of this
contract, or(iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost,destroyed or damaged,the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees,agents
or Subcontractors.
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 8
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
22. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCES
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 9
Attachment A
Scope of Work
Grantee commits to implementing a shelter program that uses equitable and creative approaches to bring
people inside with the goal of exiting residents to permanent housing quickly as described in Grantee's
application for Shelter Program funds.
A. Program Description
1. Overview
a. Shelter program will serve single adults and families.
b. Shelter program will add 10 beds.
c. Shelter program will operate as continuous stay.
2. Facility Type
a. Housing Resource Center will operate an emergency shelter.
b. The shelter program will be located at:
621 South Diamond St.
Centralia,Washington 98531
c. Housing Resource Center will rehabilitate existing shelter space in order to add 10
beds. There will be congregate and single occupancy spaces.
During shelter rehabilitation,Housing Resource Center will utilize hotels to provide
beds by December 31,2020.
Beds will be moved to Housing Resource Center site by January 2021.
d. Shelter participants are provided with storage boxes,bathroom and shower on site
and are provided laundry vouchers for use off site.
3. Racial Equity
a. Housing Resource Center will implement strategies to prevent racial inequities in
who is served and program outcomes.
b. Housing Resource Center will:
I. Engage with marginalized community members,especially persons with
lived experience,to understand the needs of these communities and guide
program services.
2. Meet with culturally specific organizations to learn the needs and barriers
associated with homelessness for their communities.
3. Develop and implement policies and procedures through a racial equity lens.
4. Provide regular racial equity learning and training for Housing Resource
Center's board and staff.
5. Create and maintain an online page where current information about racial
equity and homelessness and housing is shared with the public.
6. Develop formal partnerships with"By and For"organizations,culturally
specific organizations,and faith-based organizations to help connect
marginalized communities with Housing Resource Center services.
7. Recruit,hire,and promote People of Color as staff and board members.
4. Housing Focused Services
a. Housing Resource Center will provide housing case management to residents that is
driven by the needs of the resident,is flexible,uses a strengths-based approach and is
focused on obtaining and maintaining housing.
Housing Resource Center will connect shelter residents to mainstream services
including but not limited to behavioral health,chemical dependency,education or
workforce training,employment services and permanent supportive housing.
Housing Resource Center will have case management services available on site twice
weekly.In addition,Housing Resource Center staff will invite other community
supports on site,including a Veterans Benefit Specialist and landlord liaisons from
Reliable Enterprises and Gather Church.
5. Diversion and Problem Solving
a. Housing Resource Center staff will utilize problem-solving conversations to divert
households from entering the shelter or utilizing crisis response system services
longer term.
6. Outreach
a. Housing Resource Center will provide outreach to unsheltered individuals.
Housing Resource Center will conduct rural outreach three times per month in
partnership with the Salvation Army and Gather Church at scheduled locations.
7. Coordinated Entry Partnership
a. If the county or regional Coordinated Entry(CE)requires Emergency Shelters,Drop-
in Shelters and Temporary Shelter sites to participate in the county or regional CE
process,Emergency Shelters,Drop-in Shelters and Temporary Shelter Sites funded
by the Shelter Program grant must participate in the county or regional CE process by
accepting referrals and must fill openings exclusively through the CE process.
Projects operated by Victim Service Providers are not required but may elect to
participate in the county or regional CE process.
b. Shelter program will fill program openings through CE.
8. Administration
a. Grantees will submit the following monthly deliverables with completeness,
timeliness,accuracy and consistency:
b. Invoice and Voucher Detail Worksheet for reimbursement(Guidelines: Fiscal
Administration).
c. Grantees 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
Shelter Program Grant Guidelines.
B. Performance
1. Requirements
a. Projects are not required to meet or make progress toward performance targets as a
condition of funding for the current contract period. Project performance data will
impact community and state level performance measures.
b. Grantees should aim to improve the housing outcomes of Shelter Program
participants. For each intervention type funded by the Shelter Program,grantees
should adopt the following performance goals:
Intervention Type Performance Goal HMIS Calculation Performance
Target'
Increase Percent Exits to Permanent Of people in the ES project who exited,those who 50%
Emergency Housing exited to permanent housing destinations
Shelter
Increase Percent Exits to Positive Of people in the ES project who exited,those who 50%
Drop-in Outcomes exited to Positive Outcome destinations
Emergency
Shelter2
Increase Percent Exits to Positive Of people in the Other project who exited,those 50%
Temporary Outcomes who exited to Positive Outcome destinations
Shelter Site3
' The target is the level of desirable performance and is an indicator of a high performing project.
2 Drop-in Emergency Shelters offer night-by-night living arrangements that allow households to enter and exit on an irregular or
daily basis and often use a Night-By-Night tracking method in HMIS.
3 A Temporary Shelter Site is defined as structure(s)or a location locally permitted to provide temporary shelter for people
experiencing homelessness.Tents,mitigation sites,or hosted encampments are examples of Temporary Shelter Sites.
Reduce Average Length of Stay Of the people active in the project,the days Not established
All homeless as measured by each client's start,exit
and bed night dates strictly as entered into HMIS.
c. Equitable Access and Housing Outcomes
1. Grantees should ensure equitable access to Shelter Program and equitable
housing outcomes of Shelter Program participants.
Equitable access means that the race and ethnicity of people entering the
Shelter Program are similar to the community demographics. Equitable
access is measured by comparing the percent of people in poverty by race
and ethnicity to the percent of people entering the Shelter Program by race
and ethnicity.
Equitable housing outcomes means that the outcomes of the Shelter Program
participants should be similar,regardless of race or ethnicity.
d. Exit Destinations
Exit Destinations Options Positive Outcome: The Permanent Housing:The
following destinations are following destinations are
considered Positive exits considered Permanent exits
from Drop-in ES and from Emergency Shelters
Temporary Shelter Sites
Emergency shelter,including hotel or motel paid for with emergency shelter Negative Outcome
voucher,or RHY-funded Host Home shelter Positive Outcome
Foster Care home or foster care group home Negative Outcome
Positive Outcome
Hospital or other residential non-psychiatric medical facility Removed from Removed from denominator
denominator
Hotel or Motel paid for without emergency shelter voucher Positive Negative Outcome
Outcome
Jail,prison or juvenile detention facility Negative Outcome Negative Outcome
Moved from one HOPWA funded project to HOPWA TH Positive Outcome Negative Outcome
Place not meant for habitation(e.g.,a vehicle,an abandoned building, Negative Outcome Negative Outcome
bus/train/subway station/airport or anywhere outside)
Psychiatric hospital or other psychiatric facility Positive Outcome Negative Outcome
Residential project or halfway house with no homeless criteria Removed from Negative Outcome
denominator
Safe Haven Positive Outcome Negative Outcome
Staying or living with family,temporary tenure(e.g.room,apartment or house) Positive Outcome Negative Outcome
Staying or living with friends,temporary tenure(e.g.room,apartment or house) Positive Outcome Negative Outcome
Substance abuse treatment facility or detox center Positive Outcome Negative Outcome
Transitional housing for homeless persons(including homeless youth) Positive Outcome Negative Outcome
Long-term care facility or nursing home Positive Outcome Removed from denominator
Host Home(non-crisis) Positive Outcome Permanent Housing
Moved from one HOPWA funded project to HOPWA PH Positive Outcome Permanent Housing
Owned by client,no ongoing housing subsidy Positive Outcome Permanent Housing
Owned by client,with ongoing housing subsidy Positive Outcome Permanent Housing
Permanent housing(other than RRH)for formerly homeless persons Positive Outcome Permanent Housing
Rental by client,no ongoing housing subsidy Positive Outcome Permanent Housing
Rental by client,with GPD TIP housing subsidy Positive Outcome Permanent Housing
Rental by client,with other ongoing housing subsidy Positive Outcome Permanent Housing
Rental by client,with VASH housing subsidy Positive Outcome Permanent Housing
Staying or living with family,permanent tenure Positive Outcome Permanent Housing
Staying or living with friends,permanent tenure Positive Outcome Permanent Housing
Rental by client,with RRH or equivalent subsidy Positive Outcome Permanent Housing
Rental by client,with HCV voucher(tenant or project based) Positive Outcome Permanent Housing
Rental by client,with HCV voucher(tenant or project based) Positive Outcome Permanent Housing
Deceased Removed from Removed from denominator
denominator
Client doesn't know Unknown I Negative Unknown I Negative
Outcome Outcome
Client refused Unknown I Negative Unknown I Negative
Outcome Outcome
Data not collected Unknown/Negative Unknown/Negative
Outcome Outcome
No exit interview completed Unknown/Negative Unknown/Negative
Outcome Outcome
Other Unknown/Negative Unknown/Negative
Outcome Outcome
Attachment B
Budget
Participating Jurisdictions Amount Dedicated
Lewis County $309,538
Centralia $111,749
Grant Total $421,287
Shelter Project A, Housing Resource Center
Budget Category Amount
Pre-Occupancy $26,300
Up to$10,000 per bed prior to occupancy
Post-Occupancy Operations $394,987
Up to$56 per day per net additional bed
Total $421,287
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan. 25, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve Agreement between Lewis County and the Department of Commerce to provide Shelter
Program Grant funds through the Housing Assistance Unit in the amount of $421,287
Contact: Sandi Andrus Phone: 740-1148
Department: PHSS - Public Health & Social Services
Description:
DOC has awarded funds to Lewis County PHSS for homeless shelter services. The COVID-19
Outbreak has reduced the number of bed units available in Lewis County, due to spacing
requirements. These funds will fund equitable and creative approaches to develop or expand
shelter programs. These programs will be county wide with goals of bringing unsheltered persons
inside and to exit to positive outcomes quickly. August 1, 2020 -June 30, 2023.
Approvals: Publication Requirements:
Publications:
User Status
Erik Martin Pending
J.P. Anderson Pending
PA's Office Pending
Tammy Martin Pending
Additional Copies: Cover Letter To:
Sandi Andrus, Meja Handlen, Stacey Loflin, Megan Kendig
Suzette Smith, Kaity Nissell, Grace Jimenez, P.O Box 42525
Michelle Sauter, Michelle Sabin, Jill Nielson Olympia, WA 98504-2525
Email to: megan.kendig @commerce.wa.gov