Approve grant agreement with Department of Commerce for WA State COVID-19 Outbreak Emergency Housing BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
APPROVE GRANT AGREEMENT BETWEEN THE RESOLUTION 20-102
DEPARTMENT OF COMMERCE AND LEWIS COUNTY
FOR WASHINGTON STATE COVID-19 OUTBREAK
EMERGENCY HOUSING
WHEREAS,the Board of County Commissioners (BOCC), Lewis County, Washington, has reviewed
the COVID-19 Outbreak Emergency Housing Grant, #316-46108-18, between Lewis County and
Washington State Department of Commerce, Community Services and Housing Division; and
WHEREAS, funding is available to address the COVID-19 outbreak in the following areas: create
isolation and quarantine housing, create additional shelter capacity to replace shelter capacity lost
when social distancing was increased, increase sanitation in existing homeless housing, and other
costs associated with addressing the public health needs of people experiencing homelessness or
displaced from their former housing due to the COVID-19 outbreak; and
WHEREAS, funding is in the amount of$400,624 for the period of March 15, 2020, through
September 30, 2020; 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 Grant Agreement between Washington Department of
Commerce and Lewis County for Washington State COVID-19 Outbreak Emergency Housing in the
amount of$400,624 from March 15, 2020, through September 30, 2020 is hereby approved and the
Director of Public Health &Social Services or his designee is authorized to sign the same.
Done in an open meeting this 20th day of March 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
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By Amber S ith, Deputy Pros. Attorney Gary Stampe , Chair
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Rieva Lester, Clerk of the Board '9s* coy �co'. Roi' C.Jackson, Commissioner
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Department of
V410 Commerce
Grant Agreement with
Lewis County Public Health and Social Services
through
Housing Assistance Unit
For
Washington State COVID-19 Outbreak Emergency Housing Grant
Start date: March 15, 2020
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
i
Special Terms and Conditions 1
Face Sheet 1
1. Contract Management 2
2. Compensation 2
3. Billing Procedures and Payment 2
4. Subcontractor Data Collection 3
5. Insurance 3
6. 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) 5
7. Assignment 5
8. Attorneys' Fees 5
9. Confidentiality/Safeguarding of Information 6
10. Conflict of Interest 7
11. Copyright 7
12. Disputes 8
13. Duplicate Payment 8
14. Governing Law and Venue 8
15. Indemnification 8
16. Independent Capacity of the Grantee 9
17. Industrial Insurance Coverage 9
18. Laws 9
19. Licensing, Accreditation and Registration 9
20. Limitation of Authority 9
21. Noncompliance With Nondiscrimination Laws 10
22. Pay Equity 10
23. Political Activities 10
24. Publicity 10
25. Recapture 10
26. Records Maintenance 10
27. Registration With Department of Revenue 10
28. Right of Inspection 10
29. Savings 11
30. Severability 11
31. Site Security 11
32. Subcontracting 11
33. Survival 11
COVID-19 Outbreak Emergency Housing Grant i
TABLE OF CONTENTS
34. Taxes 11
35. Termination for Cause 11
36. Termination for Convenience 12
37. Termination Procedures 12
38. Treatment of Assets 13
39. Waiver 13
Attachment A, Scope of Work
Attachment B, Budget
Attachment C, Covid-19 Emergency Housing Grant Guidelines
Attachment D, Grantee's Plan
COVID-19 Outbreak Emergency Housing Grant ii
vormimiam
FACE SHEET
Contract Number:316-46108-18
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
COVID-19 Outbreak Emergency Housing Grant
1.Grantee 2.COMMERCE Additional Contact Information
Lewis County Public Health and Social Services Tedd Kelleher,Senior Managing Director
PO BOX 509 (360)725-2930
tedd.kelleher@commerce.wa.gov
CHEHALIS,WA 98532 Kathy Kinard,Manager
(360)742-2118
kathy.kinard@commerce.wa.gov
3.Grantee Representative 4.COMMERCE Representative
Meja Handlen Kathryn Dodge 1011 Plum Street SE
Housing Coordinator Grant Manager Olympia,Washington,98504-
(360)740-1234 (360)725-5072 2525
meja.handlen@lewiscountywa.gov Kathryn.dodge@commerce.wa.gov
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date
$400,624.00 Federal:❑ State:® Other:❑ N/A:❑ March 15,2020 September 30,2020
9.Tax ID# 10.SWV# 11.UBI# 12.DUNS#
X SWV0001232-14 212002978 N/A
13.Grant Purpose
Provide funding for emergency housing necessary to respond to the COVID-19 outbreak.
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: Grant Terms and Conditions including Attachment"A"—Scope of Work, Attachment"B"—Budget,Attachment"C"—
Washington State COVID-19 Emergency Housing Grant Guidelines,and Attachment D,Grantee's Plan.
FOR GRANTEE FOR COMMERCE
Signa:ure Diane Klontz,Assistant Director
Community Services and Housing Division
Print Name and Title Date
Date APPROVED AS TO FORM ONLY
Sandra C.Adix
ASSISTANT ATTORNEY GENERAL
March 15,2020
APPROVAL ON FILE
COVID-19 Outbreak Emergency Housing Grant 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. 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.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. If expenses are invoiced, provide a detailed
breakdown of each type. A receipt must accompany any single expenses in the amount of S50.00 or
more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
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.
3. 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.
4. INSURANCE
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 below 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
COVID-19 Outbreak Emergency Housing Grant 2
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
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.
Non Self Insurance Program
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.
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 51,000,000 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.
6. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant,the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
COVID-19 Outbreak Emergency Housing Grant 3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• Attachment B—Budget
• Attachment C, Guidelines
• Attachment D, Grantee's Plan
COVID-19 Outbreak Emergency Housing Grant 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.
COVID-19 Outbreak Emergency Housing Grant 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 attomey'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 GRANTEE terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act,
Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the
procurement 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
person employed in any capacity by the state of Washington that worked on the Commerce program
COVID-19 Outbreak Emergency Housing Grant 6
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
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.
COVID-19 Outbreak Emergency Housing Grant 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, subgrantlsubcontract, 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
agents, 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 GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant.The Grantee
and its employees or agents performing under this Contract are not employees or agents of the state
of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or
employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make
any claim of right, privilege or benefit which would accrue to such officer or employee under law.
Conduct and control of the work will be solely with the Grantee.
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.
COVID-19 Outbreak Emergency Housing Grant 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 Grantee employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
COVID-19 Outbreak Emergency Housing Grant 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.
COVID-19 Outbreak Emergency Housing Grant 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.
COVID-19 Outbreak Emergency Housing Grant 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:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. 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;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and
subgrants/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
subgrants/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 Grant had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which COMMERCE has or may acquire an interest.
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.
COVID-19 Outbreak Emergency Housing 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.
COVID-19 Outbreak Emergency Housing Grant 13
Attachment A
Scope of Work
Funding is provided to Lewis County to respond to the COVID-19 outbreak related to public
health needs of people experiencing homelessness or otherwise in need of quarantine or isolation
housing due to the COVID-19 outbreak.
Activities funded under this Grant will be performed in accordance with the Washington State
COVID-19 Outbreak Emergency Housing Grant Guidelines and the Grantee's Plan as may be
amended from time to time, attached here to and incorporated herein as Attachments C and D.
14
COVID-19 Outbreak Emergency Housing Grant
Attachment B
Budget
March 15, 2020—September 30,2020
Budget Amount
For all things allowable in the
COVID-19 Outbreak Emergency $400,624.00
Housing Grant Guidelines;
Attachment C.
15
COVID-19 Outbreak Emergency Housing Grant
Lewis County
Details of Budget or Request For Budget Amendment
Fund 104 Type of appropriation:
Department 618, O 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 funds from the Department of Commerce COVID-19 Outbreak Emrgency Housing
Grant.Lewis County will distribute these funds to local Agencies.These are new funds not currently
budgeted to 104.618.000.334.04.21.00.The duration of this grant is March 12,2020-September 30,2020
Use of Funds
0 New Expenditure ❑New Transfer Out or ❑Currently Budgeted
Account Description BARS Account Number Amount
Professional Services 104 618 000 000 565 40 41 00 400,624
Total Use of Funds: $400,624
Source of Funds
0 New Revenue ❑Use of Fund Balance ❑New Transfer In or ❑Currently Budgeted
Account Description BARS Account Number Amount
DOC CHG 104 618, 000 000 334. 04 21 00 400,624
•
Total Source of Funds: $400,624
Elected/Director Date BD
; f. Washington State
® Department of
,40,4► Commerce
Washington State
COVID-19 Outbreak Emergency Housing Grant
GUIDELINES
March 15, 2020
Version 1
Table of Contents
1 Grant Purpose 3
2 Plan required before release of funds for reimbursement 3
3 Allowable Operations,Services, and other Non Capital Costs 4
4 Allowable Acquisition and Construction Costs 4
5 Reimbursement of actual costs 5
6 Eligible populations,documentaton,and non-discrimination based on housing status 5
7 Reporting reqirements 5
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COVID-19 Housing Grant Guidelines
March 15,2020 v.1
1 Grant Purpose _
Provide funding to address the COVID-19 outbreak related public health needs of people
experiencing homelessness or otherwise in need of quarantine or isolation housing due to the
COVID-19 outbreak.
The Department of Commerce (Department) may revise the Guidelines at any time and will
notify the Grantee immediately before requiring implementation of changes.
2 Plan required before release of funds for reimbursement
Reimbursement of funds under this grant is contingent on approval by the Department of a
brief plan developed by the Grantee ("Plan"), as may be amended from time to time, that
includes at a minimum the following:
• Brief description of how the Grantee is consulting with and coordinating the use of
funds with at least the largest city in the county, the county government (if the Grantee
is not a county government),the Consolidated Homeless Grant grantee (if the Grantee is
not the Consolidated Homeless Grant grantee), and the local public health jurisdiction.
• Brief description of the steps and timeline of the process the Grantee will implement to
work with the local public health jurisdiction and other relevant stakeholders to
estimate the unmet need for quarantine and isolation housing for people living
unsheltered or living in homeless housing or who cannot isolate or quarantine
themselves in housing previously available to them.
• Brief description of actions the Grantee will take to address COVID-19 outbreak related
quarantine and isolation housing needs of people living unsheltered or in homeless
housing or who cannot isolate or quarantine themselves in housing previously available
to them.
• Grantee will notify the Department if/as Grantee's Plan change; Department's approval
of revisions to the Plan shall not be unreasonably withheld.
The Grantee shall submit its estimate of unmet need for quarantine and isolation housing to
the Department as soon as possible when completed.
It is estimated that all isolation and quarantine housing and will need to be ready to occupy by
April 1, 2020 to address COVID-19 outbreak. Please work with your local public health
jurisdiction to determine the necessary completion date for your area.
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COVID-19 Housing Grant Guidelines
March 15,2020 v.1
•
3 Allowable Operations, Services, and other Non Capital Costs1111
The Department will reimburse leasing, operations, services, maintenance, administration and �.
all other costs associated with new or repurposed housing that is necessary to respond to the
COVID-19 outbreak. New or repurposed housing includes but is not limited to leased motels
and hotels, master leased rental housing, and leased buildings not originally intended for use as
housing.The Grantee shall obtain written approval from the relevant local public health
jurisdiction prior to occupancy of housing supported by grant funds, and the approval shall
include an assertion by the local public health jurisdiction that the housing is necessary to
protect public health due to the COVID-19 outbreak.
The Department will reimburse costs associated with increased sanitation in existing homeless
housing and subsidized housing, or for people living unsheltered, including supplies, staff costs,
outreach, administration and all other costs associated with improving sanitation.The Grantee
shall obtain written approval from the relevant local public health jurisdiction prior to
expenditure of grant funds for sanitation, and the approval shall include an assertion by the
local public health jurisdiction that the increased sanitation is necessary to protect public health
due to the COVID-19 outbreak.
The Department will reimburse other costs associated with addressing the public health needs
of people experiencing homelessness, living in subsidized housing, or displaced from their
former housing due to the COVID-19 outbreak. Other costs include planning and administration
expenses.The Grantee shall obtain written approval from the relevant local public health
jurisdiction prior to expenditure of grant funds for other costs,and the approval shall include an
assertion by the local public health jurisdiction that the other costs are the highest and best use
of limited resources to address the COVID-19 related public health issues of people
experiencing homelessness.
Rent assistance is not an allowable expense. Grantees are encouraged to request that the
Department allow the use of Grant funds outside the scope described in this Grant if such
expenditures are critical to addressing the COVID-19 outbreak.
4 Allowable Acquisition and Construction Costs
The Department will reimburse costs associated with acquisition, construction and other costs
necessary to obtain and prepare for occupancy housing necessary to respond to the COVID-19
outbreak.
If any of the funds granted under this Grant are used for property acquisition and or capital
improvements, the Grantee agrees to use the real property or properties to provide permanent
Page 14
COVID-19 Housing Grant Guidelines
March 15,2020 v.1
r
or 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. 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. Each deed of trust and
covenant shall be recorded at the county or counties in which the property or properties are
located.
The Grantee shall obtain written approval from the relevant local public health jurisdiction
regarding the intended use of the housing prior to acquisition and prior to occupancy of
housing supported by grant funds, and the approval shall include an assertion by the local
public health jurisdiction that the housing is necessary to protect public health.
5 Reimbursement of actual costs
The Department will only reimburse actual operations, services, acquisition, construction and
other allowable costs as described in this Grant.
The Grantee will make a good faith effort to not incur costs reimbursable under this grant 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.
6 Eligible populations, documentaton, and non-discrimination based on housing status
The primary purpose of this grant is addressing the health needs of people unsheltered or living
in homeless housing, or who are in need of isolation or quarantine housing due to the COVID-
19 outbreak.
Documentation of the housing status of people housed or served by these funds is not
necessary.
Funds can be used to provide housing and other services to people who are not living
unsheltered or in homeless housing, as long as the expenditures are in good faith realistically
available to people who are unsheltered or living in homeless housing.
7 Reporting reqirements
During the State of Emergency related to COVID-19 outbreak reporting is a secondary
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COVID-19 Housing Grant Guidelines
March 15,2020 v.1
consideration. When the State of Emergency has ended, or if the Department determines
Grantee workload allows adequate time for reporting, the Department will require reporting on
the use of the funds including the number of beds created and expenditures by categories
including housing, sanitation, and other costs.The Department will work with Grantees to
establish reasonable reporting requirements that can be fulfilled using information collected
from regular expenditure accounting systems or other readily available information sources.
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COVID-19 Housing Grant Guidelines
March 15,2020 v.1
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date:
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve Grant Agreement Between Washington Department of Commerce and Lewis County for
Washington State COVID-19 Outbreak Emergency Housing
Contact: Sandi Andrus Phone: 3607401148
Department: PHSS - Public Health & Social Services
Description:
Provide funding from DOC to address COVID-19 in the homeless
Approvals: Publication Requirements:
Publications:
User Status
John Abplanalp Approved
PA's Office Pending
Additional Copies: Cover Letter To:
Sandi Andrus, Meja Handlen, Stacey Loflin, Kathryn Dodge, Grant Manager
Steve Walton, Andy Caldwell, Suzette Smith, PO Box 42525, 1011 Plum St. SE
Kaity Nissell, Grace Jimenez Olympia, WA 98504-2525