Agreement with Dept of Commerce, Eviction Rental Assistance Program Grant BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-375
APPROVE AGREEMENT BETWEEN LEWIS COUNTY
AND THE DEPARTMENT OF COMMERCE TO
PROVIDE FUNDS THROUGH THE HOUSING
ASSISTANCE UNIT EVICTION RENTAL ASSISTANCE
PROGRAM GRANT IN THE AMOUNT OF
$6,505,059
WHEREAS, the Lewis County Board of County Commissioners (BOCC) has
reviewed Agreement #21-4619C-116 with the Department of Commerce (DOC) to
provide funds to be used to prevent evictions by paying past due and future rent
and utilities for those with the greatest needs due to the COVID-19 outbreak; and
WHEREAS, special funding in the amount of $6,505,059 through the American
Rescue Plan Act of 2021 and Coronavirus State Fiscal Recovery Fund (CFDA
21.027) is provided for the period of October 1, 2021, through June 30, 2023; 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 #21-4619C-116 between
Lewis County and DOC to provide funds to be used to prevent evictions by paying
past due and future rent and utilities for those with the greatest needs due to the
COVID-19 outbreak in the amount of $6,505,059 from October 1, 2021, 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 26th day of October, 2021.
Page 1 of 2 Res. 21-375
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Andrew Logerwell Lindsey R. Pollock, DVM
By: Andrew Logerwell, Lindsey R. Pollock, DVM, Chair
Senior Deputy Prosecuting Attorney
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ATTEST: \s ��of 9SF,., Sean D. Swope
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S`�an D. Swope, Vice Chair
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Rieva Lester '•;Sys,(TOP-=- s•\.,.
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Rieva Lester, Vacant, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-375
DocuSign Envelope ID:C7E51082-F560-476E-AD4A-CBE4AB09245C
Ale% Washington State
D%if Commerce
Interagency Agreement with
Lewis County Public Health & Social Services
through
Community Services and Housing Division
Housing Assistance Unit
For
Eviction Rent Assistance Program 2.0 (ERAP 2.0)
Start date: October 1, 2021
DocuSign Envelope ID:C7E51082-F560-476E-AD4A-CBE4AB09245C
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority 1
2. Acknowledgement of Federal Funds 1
3. Contract Management 1
4. Compensation 1
5. Indirect Costs 1
6. Billing Procedures and Payment 1
7. Subcontractor Data Collection 2
8. Audit 2
9. Debarment 2
10. Insurance 3
11. 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. Recapture 6
12. Records Maintenance 6
13. Savings 6
14. Severability 6
15. Subcontracting 6
16. Survival 7
17. Termination for Cause 7
18. Termination for Convenience 7
19. Termination Procedures 7
20. Treatment of Assets 8
21. Waiver 8
Attachment A, Scope of Work
Attachment B, Budget
Attachment C, Department of Commerce Eviction Rent Assistance Program 2.0 Guidelines
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FACE SHEET
Contract Number: 21-4619C-116
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Eviction Rent Assistance Program 2.0
1.Contractor 2.Contractor Doing Business As(optional)
Lewis County Public Health&Social Services
303 N Gold Street
Centralia,WA 98531
3.Contractor Representative 4.COMMERCE Representatives
Justia Madrigal Maureen Maples
Housing Coordinator Grant Coordinator
(360)740-2787 (360)706-4207
Justia.Madrigal@lewiscountywa.gov maureen.maples@commerce.wa.gov
5.Contract Amount 6.Funding Source 7.Start Date 8.End Date
6,505,059.00 Federal: ® State: ❑ Other: ❑ N/A: ❑ October 1,2021 June 30,2023
9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if applicable):
6,505,059.00 US Dept.of Treasury 21.027 10%
10.Tax ID# 11.SWV# 12.UBI# 13.DUNS#
91-6001351 0001232-14 212-002-978 79272555
14.Contract Purpose
The Eviction Rent Assistance Program 2.0 Grant is intended to prevent evictions by paying past due and future rent and utilities
while distributing funds equitably.
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, Attachment "C" —
Department of Commerce Eviction Rent Assistance Program 2.0 Guidelines.
FOR CONTRACTOR FOR COMMERCE
Signature,Executive Diane Klontz,Assistant Director
Community Services and Housing Division
Date
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 07/17/2019.
APPROVAL ON FILE.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Federal Award Date: 5/14/2021
Federal Award Identification Number(FAIN): SLFRP0002
Total amount of the federal award: $403,000,000
Awarding official: U.S. Dept. of Treasury
Recipient understands and agrees that the funds disbursed under this award may only be used
for the purposes set forth in American Rescue Plan Act of 2021, Coronavirus State Fiscal
Recovery Fund.
The Contractor agrees that any publications (written, visual, or sound)but excluding press
releases, newsletters, and issue analyses, issued by the Contractor describing programs or
projects funded in whole or in part with federal funds under this Contract, shall contain the
following statements:
"This project was supported by a grant awarded by US Department of the Treasury. Points of
view in this document are those of the author and do not necessarily represent the official
position or policies of the US Department of the Treasury. Grant funds are administered by the
Coronavirus State Fiscal Recovery Fund thru the Washington State Department of
Commerce."
3. 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.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed the Grant amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Grant as set
forth in the Scope of Work(Attachment A).
5. INDIRECT COSTS
Contractor shall provide their indirect cost rate that has been negotiated between their entity and the
federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct
costs (MTDC)will be used.
6. 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.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number. If
expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any
single expenses in the amount of$50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The grantee must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
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.
7. 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.
8. AUDIT
If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit, the Grantee shall:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide(if applicable),and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit
requirement.
The Grantee shall send all single audit documentation to auditreviewcommerce.wa.qov.
9. DEBARMENT
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining,attempting to obtain,or performing a public or private agreement
or transaction, violation of Federal or State antitrust statutes or commission of
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SPECIAL TERMS AND CONDITIONS
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FEDERAL FUNDS
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, receiving stolen property, making false claims, or obstruction of
justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b)of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or more
public transactions (Federal, State, or local)terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such contractor shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
10. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
11. 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
• Attachment C—Department of Commerce Eviction Rent Assistance Program 2.0 Guidelines
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL 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
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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.
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
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
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.
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. 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.
12. 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.
13. 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.
14. 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.
15. 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
GENERAL GRANT
FEDERAL FUNDS
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.
16. 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.
17. 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.
18. 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.
19. 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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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
(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.
20. 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.
8
DocuSign Envelope ID:C7E51082-F560-476E-AD4A-CBE4AB09245C
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
21. 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 COMMERCE.
Scope of Work
The Eviction Rent Assistance Program 2.0 Grant is intended to prevent evictions by paying past due and
future rent and utilities while distributing funds equitably.
Eligibility and Prioritization
The purpose of eligibility screening criteria is to target those most likely to become homeless but for this
assistance.
Households must meet both screening criteria:
✓ Income at or below 80% of Area Median Income (AMI).
✓ Have a missed/past due rent payment not paid or partially unpaid since March 1, 2020 and still
occupying the residence.
Grantee can determine whether or not to implement additional eligibility or prioritization criteria. Grantees
must consult with their grant coordinator if considering implementing additional criteria
Performance Measurement
Grantees must ensure equitable access to ERAP 2.0.
Equitable access means that the race and ethnicity of people entering ERAP 2.0 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 ERAP 2.0 by race and ethnicity.
The percentage of head of households provided rent assistance must at least be equal the proportion to
the population living in poverty in the county for each of the following groups:
✓ People of Color(includes Black or African American, American Indian and Alaska Native, Native
Hawaiian or other Pacific Islander, Hispanic/Latinx, Asian, Other/Multi-Racial)
✓ Black or African American
V American Indian and Alaska Native
✓ Hispanic/Latinx
Data from all ERAP 2.0 grantees in the county will be combined for the purpose of performance
measurement and performance monitoring.
Additional performance target includes:
✓ Ten percent of households served must be youth or young adults age 18-24, this includes
emancipated 16 and 17 year olds.
By and For Subgrants
Grantees must actively work to partner with By and For organizations in their communities that assist and
serve marginalized populations. It is incumbent on the grantee to identify By and For service providers
that can best support their community members in accessing assistance.
9
DocuSign Envelope ID:C7E51082-F560-476E-AD4A-CBE4AB09245C
ATTACHMENT A
By and For organizations are operated by and for the community they serve.Their primary mission and
history is serving a specific community and they are culturally based, directed, and substantially
controlled by individuals from the population they serve.At the core of their programs, the organizations
embody the community's central cultural values. These communities may include ethnic and racial
minorities; immigrants and refugees; individuals who identify as LGBTQ+, individuals with disabilities or
who are deaf; and Native Americans.
Partner with Dispute Resolution Centers and Civil Legal Aid Organizations
Grantees must coordinate with their local Dispute Resolution Centers(DRC) if one exists within their
service area. DRCs can be an important pathway to prevent evictions, and providing rent assistance can
be critical to settling disputes. Civil legal aid services continue to be a crucial support in helping
households maintain housing. Grantees should partner with these providers if one exists within their
service area.
Payments
If Grantee requires funds to facilitate payments to eligible recipients on behalf of eligible households and
Grantee has committed internal resources needed to make payments directly, Commerce will pay funds to
Grantee up to a quarterly amount upon receipt of evidence satisfactory to Commerce.
10
DocuSign Envelope ID:C7E51082-F560-476E-AD4A-CBE4AB09245C
Attachment B
Budget
October 1, 2021 —June 30, 2023
Budget Category
Administration $975,758.00
Operations $ 650,506.00
Rent and Utilities $4,553,541.00
By and For Subcontracting $ 325,254.00
Total $6,505,059.00
DocuSign
Certificate Of Completion
Envelope Id:C7E51082F560476EAD4ACBE4AB09245C Status:Sent
Subject:Please DocuSign:ERAP 2.0 Lewis Co Contract.docx
Division:
Community Services and Housing
Program:ERAP 2.0
ContractNumber:21-4619C-116
Source Envelope:
Document Pages: 14 Signatures:0 Envelope Originator:
Certificate Pages:5 Initials:0 Maureen Maples
AutoNav:Enabled 1011 Plum Street SE
Envelopeld Stamping:Enabled MS 42525
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525
maureen.maples@commerce.wa.gov
IP Address: 198.239.10.140
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10/7/2021 7:45:43 AM maureen.maples@commerce.wa.gov
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Signer Events Signature Timestamp
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Senior Managing Director
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM
Parties agreed to:J.P.Anderson
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BOCC AGENDA ITEM SUMMARY
Resolution: 21-375 BOCC Meeting Date: Oct. 26, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve Agreement between Lewis County and the Department of Commerce to provide funds
through the housing assistance unit Eviction Rental Assistance Program Grant in the amount of
$6,505,059
Contact: Tailor Arrington Phone: 360-740-1148
Department: PHSS - Public Health & Social Services
Description:
The Washington State DOC, through the housing assistance unit ERAP grant, has awarded special
funds through ARPA of 2021, Coronavirus State Fiscal Recovery Fund, CFDA 21.027. The
Emergency Rent Assistance Program 2.0 (ERAP 2.0) grant is part of Washington State's response to
the COVID-19 disaster, intended to prevent evictions that would contribute to the spread of the
virus by paying past due and future rent and utilities, targeting limited resources to those who
have a missed or partially paid rent payment since March 1, 2020.
Approvals: Publication Requirements:
Publications:
User Status
Erik Martin Pending
J.P. Anderson Pending
PA's Office Approved
Tammy Martin Pending
Additional Copies: Cover Letter To:
Tailor Arrington, Justia Madrigal, Meja Maureen Maples
Handlen, Jill Nielson, Bryan Hall, Grace Email executed document to
Jimenez, Michelle Sauter, Sherri Dokken, maureen.maples@commerce.wa.gov
Kendra Garrison